Michigan

Adult Guardianship Statute: 
Mich. Comp. Laws 700.5101 to .5520
Right to Counsel in Statute: Initial Guardianship Proceedings: 
Yes
Right to Counsel in Statute: Post-Appointment Guardianship Proceedings: 
Yes
Right to Counsel Statututory Citation: 
Mich. Comp. Laws §§ 700.5303(3), 700.5305(3)-(4), 700.5310(4)
Right to Counsel Definition in Statute: 
"Unless the allegedly incapacitated individual has legal counsel of his or her own choice, the court shall appoint a guardian ad litem to represent the person in the proceeding." Mich. Comp. Laws §§ 700.5303(3). "If the individual alleged to be incapacitated wishes to contest the petition, to have limits placed on the guardian's powers or to object to a particular person being appointed guardian and if legal counsel has not been secured, the court shall appoint legal counsel to represent the individual alleged to be incapacitated. If the individual alleged to be incapacitated is indigent, the state shall bear the expenses of legal counsel."  Mich. Comp. Laws §§ 700.5305(3). "If the individual alleged to be incapacitated requests legal counsel or the guardian ad litem determines it is in the individual's best interst to have legal counsel, and if legal counsel has not been secured, the court shall appoint legal counsel. If the individual alleged to be incapacitated is indigent, the state shall bear the expense of legal counsel."  Mich. Comp. Laws §§ 700.5303(4). "An individual for whom a guardian is sought or has been appointed under section 5306 has the following rights: (u) to periodic review of the guardianship by the court, including the right to a hearing and the appointment of an attorney if issues arise upon the review if the guardianship..." Mich. Comp. Laws §§ 700.5306a (1)(u).
Advocacy Role of Counsel Defined in Statute: 
Not stated
Professional Rules &/or Ethics Opinions: 

MRPC Rule 1.14-"(a) When a client's ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority or mental disability or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. (b) A lawyer may seek the appointment of a guardian or take other protective action with respect to a client only when the lawyer reasonably believes that the client cannot adequately act in the client's own interest." Ethics Opinion No-CI-882-"An attorney may not petition the probate court for a determination of the client's mental competency where to do so would compromise the client's best interests in the matters for which the attorney was retained, unless the attorney reasonably  believes that the client cannot adequately act in the client's best interests."  Ethics Opinion No-RI-76: "A lawyer may seek the appointment of a guardian or take other protective action with respect to a client, who has a history of mental illness and who has refused to accept a personal injury settlement or pay for an appeal, only when the lawyer reasonably believes the client cannot adequately act in the client's own interest. Petitioning for such protective action does not create an impermissible conflict of interest between the lawyer who would collect a fee upon acceptance of the settlement offer and the client who has rejected the settlement when an independent adjudicator determined the client's disability and whether the settlement be accepted."

Other Case Law: 
"Proper remedy when a question of mental competency arises is the petition in probate court for finding of incapacity, and appointment of guardian pursuant to statute." Redding v. Redding, 543 N.W. 2d 75 (1995). "The fact that a person is under a guardianship as insane does not take away his legal capacity to be sued." Ingersoll v. Harrison, 12 N.W. 179 (1882).