Family dynamics often become complicated and strained when a family member is incapacitated by dementia or other disease or injury. Often, one individual, whether acting under powers of attorney or appointment as guardian by the Probate Court, has care and custody of the incapacitated individual and may limit or deny visitation of that incapacitated individual by other family members. A change to Michigan law now addresses this circumstance.
If one is excluded from contact with a family member, it is possible that the Probate Court may be able to provide relief. A petition must be filed and at the time of a hearing the Court must find that a person with care and custody of an incapacitated individual has denied visitation. The Court must also find that either the incapacitated individual would like contact with the excluded individual or that contact is in the best interest of the incapacitated individual. If the Court makes these findings, it may appoint a guardian for the limited purpose of supervising visitation between the incapacitated individual and the excluded individual. This change in the law is much needed for family members who may otherwise be cut out of the life of an incapacitated individual.
If we can assist you with the need for a limited guardianship, please contact us to discuss.