Planning for the possibility that a loved one may not be able to make decisions on their own is never easy. But for families in Flushing, Michigan, and throughout Genesee County — including Flint, Grand Blanc, Fenton, Davison, Clio, and Swartz Creek — understanding the difference between guardianship and power of attorney is one of the most important parts of that planning.

At Julie A. Williamson, Attorney at Law PLLC in Flushing, MI, we regularly help families decide whether a Michigan guardianship or a Michigan power of attorney is the better option for their situation.

In this guide, we’ll cover:

• What a power of attorney is

• What a guardianship is

• The key differences between the two

• How to start deciding which might be right for your loved one

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What Is a Power of Attorney in Michigan?

A power of attorney (POA) is a legal document where one person (the principal ) gives another person (the agent or attorney-in-fact ) authority to act on their behalf.

For families in Flushing and the greater Flint area, there are usually two types of powers of attorney to think about:

1. Financial (or General) Durable Power of Attorney

A financial durable power of attorney allows your chosen agent to handle money and property while you are living. Depending on how it is drafted, your agent may be able to:

• Pay bills and manage bank accounts

• Sign checks and financial documents

• Deal with your mortgage or property taxes

• Handle insurance and certain legal or financial transactions

A well-crafted financial POA can be a powerful tool to avoid the need for a court-appointed guardian later.

2. Health Care Power of Attorney / Patient Advocate Designation

A health care power of attorney(sometimes called a patient advocate designation in Michigan) lets you name someone to make medical decisions if you cannot speak for yourself. This may include:

• Consenting to or refusing treatment

• Choosing doctors and care facilities

• Making decisions about surgery or procedures

• Following your wishes regarding end-of-life care

When these two documents are done properly, they form the backbone of a solid Michigan estate plan and can often prevent the need for formal guardianship.

Key Features of a Power of Attorney

• Must be signed while the person has capacity
  The person creating the POA must understand what they are signing and who they are appointing.

• Can be customized
  Powers can be broad or limited. Some POAs are effective as soon as they are signed; others only become effective if the person is later found to be incapacitated.

• Private and out of court
  A power of attorney is typically handled without going through the probate court. Third parties (like banks and doctors) rely on the signed document.

• Can be changed or revoked
  As long as the person still has capacity, they can update or revoke their power of attorney and choose a new agent.

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What Is Guardianship in Michigan?

Guardianship is a court-supervised legal relationship created when a judge decides that an individual cannot make certain decisions for themselves and needs someone else to do so.

In Genesee County Probate Court, guardianships are common in situations where a person has:

• Advanced dementia or Alzheimer’s disease

• A serious brain injury or stroke

• Developmental disabilities

• Severe mental illness or cognitive decline

The guardianship case is usually filed in the county where the person lives — for example, Genesee County for someone living in Flushing or Flint.

Types of Guardianship

Families in and around Flushing, Michigan may encounter:

• Adult guardianship – For adults who cannot make or communicate informed decisions about their personal care.

• Minor guardianship – For children whose parents are unable or unavailable to care for them, often grandparents or other relatives step in.

• Limited guardianship – The guardian has only certain powers, tailored to what the person truly needs, rather than full control over every decision.

What a Guardian Can Do

The court order will spell out the guardian’s authority, which may include:

• Deciding where the person will live

• Consenting to medical treatment and services

• Coordinating care and support

• Helping with day-to-day personal needs

Because guardianship is created by the probate court, the guardian is accountable to the court and may have to file regular reports.

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Guardianship vs. Power of Attorney: Key Differences

Although both guardianship and power of attorney involve one person making decisions for another, they are very different in how they are created and how they work.

1. Who Chooses the Decision-Maker?

• Power of Attorney

  • The individual chooses their own agent while they still have capacity.

  • They decide who will help them and what powers that person will have.

• Guardianship

  • The probate court decides who will serve as guardian.

  • The judge reviews evidence, hears from family members and other interested persons, and then appoints someone — which may not always be the first choice of the family.

2. Court Involvement

• Power of Attorney

  • Typically involves no court action.

  • The document is signed, witnessed, and/or notarized, and then used as needed.

• Guardianship

  • Requires filing a petition in probate court.

  • Often involves medical statements, evaluations, and a hearing.

  • The court continues to oversee the case and may require annual reports from the guardian.

3. Timing

• POA is proactive planning

  • It is put in place before a crisis, while the person can still understand the document.

  • It is a key part of planning ahead for aging, illness, or unexpected incapacity.

• Guardianship is reactive

  • It is usually pursued after a crisis, when the person can no longer understand or sign legal documents.

  • It often becomes necessary when no power of attorney was ever signed, or when an existing POA is invalid, too limited, or being abused.

4. Impact on Personal Rights

• Power of Attorney

  • The person keeps their legal rights; they are simply authorizing someone to help.

  • If they are still capable, they can override their agent’s decisions or revoke the document.

• Guardianship

  • Often involves a partial loss of rights, because the court is saying the person cannot make some decisions for themselves.

  • Courts are supposed to use the least restrictive alternative, which is why judges may ask whether a power of attorney or other supports would be enough.

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Which Option Is Right for Your Loved One in Michigan?

Every family in Flushing, MI has its own unique circumstances, but these general guidelines may help you start the conversation.

A Power of Attorney May Be More Appropriate If:

• Your loved one still understands what a power of attorney is and who they trust to act on their behalf.

• They live in Flushing, Flint, or elsewhere in Genesee County and want to plan ahead for possible illness or incapacity.

• They want to choose their own decision-maker and keep the court out of their personal affairs as much as possible.

• You want a flexible, private solution that fits into a larger estate plan(wills, trusts, and other planning documents).

In many cases, well-prepared financial and health care powers of attorney allow families to avoid guardianship altogether.

Guardianship May Be Necessary If:

• Your loved one already has significant cognitive impairment and no longer understands legal documents.

• They never signed a power of attorney, or the one they have is outdated, incomplete, or being misused.

• They are at risk of financial exploitation, neglect, or abuse.

• They are refusing essential medical care or help and do not understand the consequences.

In these situations, a Michigan guardianship through the probate court may offer essential protection and oversight when a power of attorney is no longer an option.

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Why Work with a Local Flushing, MI Attorney?

For families in Flushing, Flint, Grand Blanc, Fenton, Davison, and surrounding communities, the choice between guardianship and power of attorney is more than a legal question — it’s a deeply personal one.

An experienced estate planning and elder law attorney in Flushing, Michigan can:

• Evaluate whether your loved one still has the capacity to sign powers of attorney

• Help you create clear, legally sound Michigan powers of attorney for finances and health care

• Advise you when a petition for adult or minor guardianship in Genesee County Probate Court is the best — or only — option

• Coordinate POAs, patient advocate designations, trusts, and other documents into a comprehensive, Michigan-specific estate plan

At Julie A. Williamson, Attorney at Law PLLC, we focus on guiding families through these difficult decisions with practical advice and compassion, helping you choose the least restrictive option that still protects your loved one.

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Taking the Next Step

If you’re worried about an aging parent, a spouse with memory loss, or an adult child with special needs in the Flushing, Michigan area, you don’t have to sort out “guardianship vs. power of attorney” by yourself.

Talking with a knowledgeable local attorney can help you:

• Understand your options under Michigan law

• Clarify whether powers of attorney, guardianship, or a combination of tools makes the most sense

• Put a plan in place that honors your loved one’s wishes while keeping them safe