Michigan Guardianship Diversion Project: Year in Review and a Look Ahead

Year in Review and a Look Ahead

As noted in the main article, MGDP is very proud of the impact seen in Bay County.  Bay County Probate Court has particularly embraced the goals of the MGDP by referring prospective petitioners to the project before they file for guardianship and allowing time in pending cases for consideration of less restrictive alternatives. Some service providers in Bay County, including nursing homes and attorneys, have also sought the project’s assistance in working with individuals at risk of guardianship.  Project staff have assisted dozens of Bay County residents in understanding legal rights and requirements, considering options, and obtaining services.  In part due to MGDP, guardianship and conservatorship cases have been reduced by approximately 42%. Last month, the Bay County Probate Register wrote to MGDP staff: “I cannot express enough how much the program has benefited the citizens of Bay County!  The program works!”

In Bay County, having MGDP staff physically present in the county, well-connected to the court and community resources, and available for in-person meetings and court visits has been extremely helpful. In addition, the Court’s enthusiasm for the project has been essential to its success. In all the counties, MGDP has been successful educating individuals about alternatives and dispelling myths about when guardianship is appropriate or necessary. 

In one case, an older gentleman with mental and physical health challenges who used a motorized scooter for mobility was facing both eviction from his apartment and a potential guardianship.  By working with the individual and his sister and collaborating with Legal Services of Eastern Michigan, MGDP was able to help the gentleman avoid guardianship and eviction, obtain services, and execute a power of attorney.  As a result, the individual maintained his autonomy, was able to remain living in the community, had a trusted person empowered to make decisions for him if he became unable to make them himself, and had access to both community-based and legal services to assist him in the future. At the same time, the court was spared the burden of another case on its guardianship docket.

MGDP has, however, worked on a number of cases in which individuals with complex needs could utilize less restrictive alternatives but require extensive case management services to ensure they can benefit from available resources.  In the absence of programs and services that provide that extensive support and coordination for weeks or months—a service MGDP is unable to provide—the individual remains at high risk of guardianship.

Project staff are eager to assist in more cases and continue to actively participate in local multi-disciplinary teams, provide training, reach out to entities that frequently file for guardianship such as APS, and keep in touch with the probate courts.  We are also exploring various strategies to increase referrals.

Source:
Michigan Guardianship Diversion Project: Year in Review and a Look Ahead