Legal advocacy for those who cannot speak for themselves.
Michigan Guardianship & Conservatorship Attorneys
When a loved one loses the ability to make decisions, the court must step in to protect them. Whether you are fighting to become a Guardian to care for a parent with dementia, or need a Conservator to manage their finances, Rutkowski Law Firm guides you through the complexities of the Probate Court.
Trusted by Over 450 Clients with a 4.9 Star Rating
I can’t recommend Rutkowski Law Firm highly enough for their incredible support and guidance as we explored elder law options for my father. From the very first consultation, it was clear that their team is not only highly competent and knowledgeable but also genuinely compassionate. They took the time to understand our unique situation, answered every question with patience, and offered creative suggestions tailored to my father’s needs...
[Rutkowski La Firm] was extremely helpful in answering my questions. Highly recommend for elder law or estate planning.
Understanding the Law
Guardianship vs. Conservatorship: What’s the Difference?
- Guardianship ( The Person) :
- Control over medical care, housing (nursing homes), and daily well-being.
- Conservatorship (The Money) :
- Control over bank accounts, real estate, bill paying, and assets.
- Emergency Petitions :
- Expedited court orders when immediate medical or financial harm is imminent.
- Alternatives to Court :
- If your loved one still has capacity, we may use a Power of Attorney to avoid court entirely.
The Last Resort
Why You Need an Attorney for Guardianship
Guardianship is a public, intrusive, and expensive court process. It is the 'Plan B' when Estate Planning was not done in time. Because the court strips a person of their rights, the process is rigorous. We act as your shield, handling the paperwork, the hearings, and the annual reporting so you can focus on caring for your parent.
- Courtroom Advocacy :
- We represent you in front of the Probate Judge to prove incapacity and necessity.
- Conflict Resolution :
- We handle disputes if siblings or other family members contest your appointment.
- Medicaid Integration :
- We ensure your Guardianship powers allow for future Medicaid planning to save assets.
- Annual Compliance :
- We help you file the mandatory annual reports and accountings required by the court.
The Michigan Guardianship Process
The Probate Court moves slowly, but we move fast. Here is how we help you secure legal authority.
Book Initial Consultation
- Connect with our Customer Success Team by phone or online to schedule your consultation.
- Call us directly or request a call back at a time that works for you.
Initial Consultation
- Meet with our legal team to review your goals, family dynamics, and assets.
- We’ll listen without judgment and explain options in plain English.
The Capacity Check
- We review medical evidence. If your loved one still has "lucid intervals," we may be able to sign a Power of Attorney and avoid court.
Filing the Petition
- We file the legal petition with the Probate Court in the county where your loved one resides and serve notice to interested family members.
The Guardian Ad Litem
- The court appoints a neutral attorney to interview your loved one. We prepare you for this interview to ensure the facts are clear.
The Court Hearing
- We appear before the Judge to secure your Letters of Guardianship/Conservatorship so you can finally act.
Estate Planning Guide
Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.
Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.
Common Questions About Guardianship
Guiding the Firm, Protecting Families
Whether you need a will, trust, asset protection plan or are in need of medicaid crisis planning, our team is here to help! We are dedicated to providing you with the best legal representation possible. Call us today to book your consultation.
Meet the Whole Team
Request a Consultation
With offices in Rochester and Bloomfield Hills, we’re proud to serve families throughout Michigan. Prefer virtual? We offer video consultations for estate planning, so you can plan from the comfort of home.
Please fill in the form and one of our customer service representatives will be in touch first thing on the next business day.
If you'd rather book a discovery call so you know exactly when to expect a call from our customer success agents, you're welcome to click the link below and find a time that works best for you.
“Their whole team was amazing to work with! The attorneys were very knowledgeable and made it easy to understand. We chose virtual planning process option because it was so much more convenient with my work schedule but they offered to meet in person too of we didn't do zoom. Highly Recommended!”
Our Offices
Avoiding Guardianship Court: Why a Power of Attorney Matters More Than You Think
A properly drafted POA can spare your loved ones from the stress, cost, and delays of court-appointed guardianship.
Founder / Attorney
When Guardianship Becomes Necessary — and What Families Should Expect
A practical guide for navigating the guardianship process when a loved one needs help making decisions.
Founder / Attorney
How to Tell If Your Parent Needs Guardianship or Conservatorship, And What to Do First
When aging loved ones lose the ability to manage daily life, guardianship or conservatorship may become necessary. Here's how to recognize the signs and take the proper first steps.
Founder / Attorney