Guardianship Abuse: Understanding Incapacitated Adult Protections in Indiana and Michigan
Guardianship abuse occurs when a guardian misuses their authority, neglects an incapacitated adult’s needs, or fails to act in that person’s best interests. Some examples often involve isolation, financial misuse, or even physical neglect.
In both Indiana and Michigan, guardians of incapacitated adults have a duty to submit an annual or biennial report addressing the incapacitated adult’s health, finances, and place of residence. While these reports may alert the court to potential concerns, the reports often do not reveal true misconduct by the guardian. This is because the guardian themselves prepares and files the report.
Indiana and Michigan differ in how they review guardianships for incapacitated adults.
In Indiana, court ordered reviews of guardianships are discretionary. Judges often use the annual or biennial reports, or the lack thereof, to aid in their decision to perform a court ordered review. This process can lead to guardianship abuse that goes undetected. Where applicable, in Indiana, the duty falls on the incapacitated adult, a family member, or another interested person to report suspected guardian abuse to the court.1 In practice, this may be especially difficult as the guardian is legally the incapacitated adult’s decisionmaker.
In Michigan, in addition to the mechanisms mentioned above, the probate court is required by law to conduct an initial annual review of every guardianship from the date of appointment. After the initial review, the probate court conducts additional reviews every three (3) years. An outside investigator communicates separately with the incapacitated adult and guardian to gather their perspectives on the guardianship. The investigator also visits the incapacitated adult’s residence, whether it is a private home or a nursing facility. The investigator then submits a report to the court describing the findings. If appropriate, a hearing about the guardianship is scheduled. Although Michigan provides an additional safeguard against guardian abuse, the process still leaves room for human error.
Given these limitations, it is important to understand the resources and reporting options available in your state. If you believe you or a loved one may be experiencing guardianship abuse, knowing where to seek help can be valuable. Speaking with an attorney may help identify options for addressing the potentially abusive guardianship and working toward greater protection and quality of life for the incapacitated individual.
If you or a loved one is faced with immediate danger, please contact emergency services.
Written by Joscelin Stewart-Hughes under the supervision of Jon Rogers. Joscelin was a 2026 Summer Associate at May Oberfell Lorber, LLP and is going into her third year at Michigan State University School of Law. Jon Rogers is a partner at May Oberfell Lorber, LLP.
This article is for information purposes only and is not intended to constitute legal advice.
- This is often accomplished by consulting a trusted attorney for assistance with filing. ↩︎
