Contesting a Guardianship Petition: When Michigan Siblings Fight Over Aging Parents

Watching a parent's cognitive health decline due to Alzheimer's or dementia is heartbreaking, but the situation rapidly turns into a nightmare when siblings cannot agree on who should be in charge. If your parent failed to sign a Power of Attorney while they were still competent, the only way to manage their medical and financial affairs is to ask a judge to appoint a guardian and a conservator. When one sibling files a petition, and another sibling believes they are unfit for the role, a fierce, emotionally draining court battle begins.

Contested guardianships in Michigan are complex, high-stakes litigation cases. The court's primary concern is never the siblings' feelings; the sole focus is the safety and well-being of the vulnerable adult. If you are facing a family war over an aging parent, you cannot fight it alone. You should immediately search our US Lawyers directory to find an aggressive, experienced Michigan probate litigator to protect your parent from an unsuitable guardian.

Navigating a Contested Guardianship in Michigan

Under Mich. Comp. Laws § 700.5313, Michigan law establishes a strict priority list for who should be appointed as a guardian. The adult child of an incapacitated person is high on the list. However, if multiple adult children want the job and they despise each other, the judge in the Washtenaw County Probate Court, Ann Arbor or the Genesee County Probate Court, Flint must hold a trial to decide who is best suited for the responsibility.

Challenging a Sibling's Suitability in Court

To stop a sibling from becoming the guardian, you cannot simply say 'I don't like them.' You must file a formal objection and present hard evidence proving they are unsuitable. Suitability challenges often involve exposing a sibling's criminal history, a recent bankruptcy, or a history of financially exploiting the parent. If your brother has been secretly draining your mother's bank account or neglecting her hygiene, your attorney will bring this evidence before the judge to instantly disqualify him from the appointment.

Proposing a Neutral Professional Guardian

When family toxicity reaches a breaking point, judges are extremely hesitant to appoint any of the warring siblings. Giving one sibling total legal control over the parent often leads to endless retaliatory litigation. In these scenarios, the judge may appoint a neutral, third-party professional guardian. Under Mich. Comp. Laws § 700.5106, the probate court has statutory authority to appoint an independent professional guardian or county public guardian if no family member is deemed suitable to serve. While it costs the parent's estate money, a professional guardian eliminates the family drama and ensures the parent receives objective, high-quality care. This approach is frequently utilized in high-conflict cases, a dynamic explored in precedents like In re Guardianship of Gerstler, 324 Mich. App. 494 (MI Court of Appeals 2018).

Evidentiary Hearings for Undue Influence

Contested cases often involve allegations of 'undue influence.' This occurs when one sibling isolates the parent, manipulates them, and suddenly tries to push a guardianship petition through the court to gain control of the estate. The court will appoint a Guardian ad Litem (GAL)-an independent attorney who acts as the eyes and ears of the court. The GAL will interview the parent alone, review medical records, and submit a report to the judge detailing whether the parent is being coerced.

Who Pays the Legal Fees When a Petition is Fiercely Contested?

Legal fees in contested guardianships are a massive point of contention. Generally, the person who successfully petitions for guardianship can have their attorney's fees reimbursed from the aging parent's estate, because their actions were deemed to benefit the parent. However, if a sibling files a frivolous petition out of spite, or if they are found guilty of financial abuse, the judge will refuse to let the estate pay their legal bills. In those cases, the sibling must pay out of their own pocket.

How Much Does a Contested Guardianship Cost in Michigan?

Because contested cases require discovery, depositions, and a full trial, the costs escalate very quickly.

How Long Does the Process Take?

While an uncontested guardianship can be finalized in 4 to 6 weeks, a contested family battle can drag on for 6 to 12 months. If the parent is in immediate danger during this time, the judge may appoint a temporary guardian for a period of up to 28 days to stabilize the situation while the litigation proceeds.

Frequently Asked Questions (FAQ)