Understanding Minor Guardianships in Michigan
For many different reasons, a minor may require the appointment of a legal guardian. Guardianship for minors in Michigan is an important legal process governed by specific statutes and regulations to ensure the welfare and protection of children. In this article, the experienced probate attorneys of Thompson Legal will discuss the important aspects of minor guardianships, explain basic requirements and consideration, and provide valuable legal insights for Michigan guardians.
Please note that this post is not exhaustive, and every situation is unique. In the event that you have questions about your specific case, it’s advisable to speak with an attorney. Contact Thompson Legal to schedule a discovery call with an experienced probate attorney.
When to Seek Guardianship of a Minor
There are many different circumstances which may lead a minor to require a guardian. Seeking legal guardianship of a minor can arise in various situations where the minor's well-being and interests need protection. Some common scenarios include:
Parental Incapacity: If a minor's parents are incapacitated due to illness, disability, or incarceration, a guardian may be sought to ensure the minor's care and upbringing.
Parental Death: In the unfortunate event of a parent's death, a guardian may be needed to provide ongoing care and support for the minor.
Abandonment or Neglect: When a parent abandons or neglects their parental responsibilities, a guardian can step in to provide a stable environment and meet the minor's needs.
Parental Substance Abuse: If a parent struggles with substance abuse issues, resulting in an inability to properly care for the minor, seeking guardianship may be necessary to ensure the child's safety and well-being.
Domestic Violence: In cases where a minor is exposed to domestic violence or unsafe living conditions, a guardian may be sought to remove the child from harm and provide a secure environment.
Special Needs or Disabilities: Minors with special needs or disabilities may require guardianship to make legal and financial decisions on their behalf, ensuring their rights and interests are protected.
International Custody Issues: In cases involving international custody disputes or relocation, guardianship may be sought to establish legal authority and protect the minor's interests across borders.
Educational or Medical Needs: Guardianship may be sought to make decisions regarding the minor's education, healthcare, or other essential aspects of their upbringing, especially if parents are unable or unwilling to fulfill these responsibilities.
Financial Management: In situations where a minor inherits assets or receives financial benefits, a guardian may be appointed to manage these resources in the minor's best interests until they reach adulthood.
Foster Care Transition: Minors transitioning out of foster care may benefit from guardianship to provide ongoing support, guidance, and stability as they navigate adulthood.
Each of these situations may warrant the appointment of a legal guardian to ensure the minor's safety and well-being. If it is in the best interest of the minor, the proposed legal guardian should petition the probate court for protection.
Jurisdiction and Venue
The probate court holds jurisdiction over minor guardianships, except for cases governed by the juvenile code. Ancillary jurisdiction is granted to the family division of the circuit court for cases initiated after January 1, 1998. Therefore, when seeking guardianship, the local county probate court where the minor resides is typically the best venue for a guardianship petition.
Types of Guardianships
Michigan probate courts have a variety of options when it comes to appointing a guardian. Courts may choose to appoint a party on a temporary basis, to limit the guardian authority, or to order a full guardianship.
Temporary Guardianships
Temporary guardians may be appointed during proceedings for permanent guardianship or if an appointed guardian is unable to fulfill their duties adequately. However, such appointments are temporary and typically not to exceed six months, providing interim care and protection for minors.
Limited Guardian
The probate court may also choose to appoint a Limited Guardian. A limited guardian has almost the same powers as a full guardian, except that they may not consent to the minor’s marriage, adoption, or release for adoption. The court may also choose to limit the guardian’s authority further through court order.
Full Guardianships
Full guardians have all the powers and responsibilities of custodial parents, except that they are not legally obligated to support the ward out of their own funds. The initial appointment of a full guardian for a minor can occur through parental appointment or court appointment. Court appointments are initiated by any person interested in the minor's welfare, ensuring proper legal oversight and consideration of the minor's best interests.
Who Can Petition for Guardianship?
Any person interested in the welfare of the minor, or a minor 14 years of age or older, may petition for the appointment of a guardian of the minor. Petitioners are often close family members or loved ones who propose to serve as guardians. Sometimes, an agency such as DHHS is the petitioner. If a minor is older than 14, they can submit the petition themselves.
Lawyers and Investigations
In minor guardianship cases, the court may appoint lawyers or guardians ad litem to represent the minor's interests, especially if they are inadequately represented. These lawyers will conduct and interview and write a report to the court. Additionally, the court may order investigations by relevant agencies, such as the Department of Health and Human Services, to gather information pertinent to the case.
Court Considerations
The court may appoint a guardian for a minor under the following circumstances:
If both parents' parental rights are terminated or suspended by court order, divorce, death, mental incompetency, disappearance, or confinement in a place of detention.
If a parent permits the minor to live with someone else without granting legal authority for the minor's care, and the minor is not living with the parent when the petition is filed.
If the minor's biological parents were never married, the custodial parent dies or is missing, the other parent lacks legal custody, and the proposed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.
Guardian Powers and Responsibilities
In Michigan, a legal guardian of a minor is entrusted with significant powers and duties to ensure the well-being of the minor under their care. These responsibilities include overseeing the minor's personal effects, managing their current needs, facilitating their education and social activities, and authorizing necessary medical or professional care. Additionally, guardians are required to file annual reports with the court detailing the minor's condition, as well as notify the court of any changes in residence or contact information.
Terminating Guardianships
Guardianships may be terminated under various circumstances, including the minor's death, adoption, marriage, or attainment of majority. Additionally, guardianship can be terminated by court order upon the guardian's death, resignation, or removal. The termination process involves legal proceedings and considerations of the minor's best interests.
Conclusion
Minor guardianships in Michigan can be a complex legal proceeding, aimed at ensuring the well-being and protection of minors. By understanding the processes involved individuals can navigate minor guardianship cases effectively. If you have questions regarding a minor guardianship — contact with Thompson Legal to speak with a Michigan probate attorney.
Applicable forms:
Petition for Appointment of Guardian of Minor, PC651
Petition for Appointment of Limited Guardian of a Minor, PC650
Annual Report of Guardian on Condition of Minor, PC654
Minor Guardianship Social History, PC670
This blog is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with an experienced probate attorney about your case Contact Us at (734) 743-1646 to schedule a consultation.
