Guardianship - Must the legally incapacitated individual have legal counsel
in a contested matter?
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Question
I am writing to inquire whether under Michigan law, an adult individual
who has a guardian/conservator (her father) has the right to counsel.
Specifically, the guardian/conservator has fired all her lawyers and she
is now having to represent herself. This issue was raised at a hearing
but the Judge commented (but did not rule) that this was not a criminal
proceeding and therefore lack of counsel was most likely not at issue..
Doesn't due process or the probate statutes require that the Judge appoint
her counsel or order the conservator to release funds so that she may hire
counsel?
Answer
The legally incapacitated individual (LII) under a guardianship and the
protected individual (PI) under a conservatorship must have a guardian
ad litem appointed to represent them in probate proceedings. If the
LII or PI object to any relief which is being proposed in a petition concerning
them or if the LII or PI file a petition to modify or terminate the guardianship
or conservatorship, an attorney must be appointed to represent them.
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Last Updated: 7-7-09
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to: pharter@calhouncountymi.gov