Guardianship is a legal relationship by which a court gives a person (the “guardian”) authority to make decisions about another person’s welfare, finances, or both. Because it limits autonomy of a child's parents, minor guardianship should be used only when necessary.  Less restrictive alternatives like a delegation of parental powers should be considered first.

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Guardianship for minors (i.e. people under age 18) is governed by the Estates and Protected Individuals Code in Michigan and may be either a Full Guardianship or a Limited Guardianship.

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In a Full Guardianship of a Minor, the court replaces the parents’ decision‐making authority with an appointed guardian. The parents’ rights (or at least some) are suspended and the guardian has most of the powers a parent would have.

 

A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor.   The petitioner must demonstrate that at least one of the following circumstances exist:

• The parental rights of both parents or the surviving parent are terminated or suspended by prior court order, by judgment of divorce or separate maintenance, by death, by judicial determination of mental incompetency, by disappearance, or by confinement in a place of detention,

• The parent or parents permit the minor to reside with another person and do not provide the other person with legal authority for the minor's care and maintenance, and the minor is not residing with his or her parent or parents when the petition is filed, or

• The minor's biological parents have never been married to one another, the custodial parent dies or is missing and the other parent has not been granted legal custody under court order, and the person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.

 

After the petition and other materials are filed, the court may appoint a person to investigate the circumstances and file a report with the court.  A hearing will take place where the petitioner, the investigator, and other interested parties will present facts and arguments about whether guardianship is needed and whether the proposed guardian is suitable.   If the petition is granted and a guardian is appointed, the court issues an order appointing the guardian that defines the powers, duties, and sometimes the duration of the guardianship.  

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A Full Guardianship can only be modified or terminated by a petition, hearing, and order of the court.

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​In a Limited Guardianship of a Minor, a custodial parent voluntarily agrees to give someone else authority to act as guardian for certain purposes or for certain time, while retaining some parental rights. The limited guardian has many of the same responsibilities, but cannot do everything a full guardian can—specifically, for example, a limited guardian cannot consent to adoption of the minor or release the child for adoption.

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In a Limited Guardianship, the parent is the petitioner.  Along with the petition, a Limited Guardianship Placement Plan that outlines the the powers to be granted, responsibilities, and duration of the guardianship.  After the petition and other materials are filed, the court may appoint a person to investigate the circumstances and file a report with the court.  A hearing will take place where the petitioner, the investigator, and other interested parties will present facts and arguments about whether guardianship is needed, whether the placement plan is appropriate, and whether the proposed guardian is suitable.   If the petition is granted and a guardian is appointed, the court issues an order appointing the guardian that defines the powers, duties, and sometimes the duration of the guardianship.

 

 For Limited Guardianship, parents may petition to terminate once conditions met (e.g. parent substantially complies with the placement plan). The court must hold hearing and determine whether return to parental care is feasible.

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Whether you are a parent, potential guardian, or a teen, we offer free consultations to discuss guardianship options.  Call (734) 519-1019 or email info@maplelawgroup.com to schedule an appointment.