guardianship of a minor in michigan

The child may also be at risk from the parents damaging, negligent, or immoral behavior. Subscribe to our YouTube channel today for more advice on Family Law! It can be daunting to think of a future that might come to be, but it is best to be prepared. If all of the following conditions are satisfied, the probate court may, upon the petition of the minors parent or parents, appoint a limited guardian for the unmarried minor: [ i ] The appointment of a limited guardian is approved by the parents who have custody of the minor or, if there is only one parent who has custody of the minor, by that parent alone. Only hire a skilled and knowledgeable advocate when considering if a Limited Guardianship is right for you and your child. Courts will typically appoint the guardianship to someone over the age of 18 and who has never been convicted of a serious crime. Copyright Wayne County Courts. The probate court may appoint a temporary guardian with the status of an ordinary guardian of a minor once a petition for full guardianship or limited guardianship of a minor is filed, but the temporary guardians authority may not exceed six months. Users acknowledge that when selecting a link to an outside website, they are leaving this website and are subject to the accessibility, privacy and security policies of the owners . If the guardian fails to perform any of those duties, the ward or a person interested in the wards welfare may petition the court for appropriate relief, including termination of the guardianship. The court approves the limited guardianship placement plan. The biological parents of the minor have never been married to each other. To answer the question, does guardianship terminate when the child turns 18? A person who loses this ability is called "incapacitated." If a wards incapacity no longer exists, the basis for the guardianship also ceases to exist. No court order has granted legal possession to the other parent. Plymouth, MI 48170 Your California Privacy Rights / Privacy Policy. In the eyes of the law, a person is considered to be a competent adult and free to make any decisions, good or bad, once they turn 18. Legal guardians are typically entitled to compensation, either through the state or, depending on the circumstances, from the parents income or their will or trust. A parent or adult guardian must attend with each child. Alternatively, a guardianship is granted to assure that the needs of the ward are met. The persons interested in this proceeding are: The guardianship should also state a time or reason why the guardianship will end. Call Us Today 734-636-0960 What Are The Grounds For Obtaining Guardianship Of A Minor In Michigan? A limited guardianship can only be established when the parent(s) with custody agree, the proposed guardian agrees, and the court agrees. Application for guardianship is filed in the county where the proposed ward resides; Complete the applicable Probate Forms listed tbelow. Step One: Initial Filing-Payment of $20.00 is due at the time of filing online . If not, the court may dismiss the case or find a different solution that will be in the minors best interests. To protect this process, the law states that anyone who knowingly interferes with transmission to the court of a request of this nature can be found in contempt of court. Many different circumstances can justify or necessitate termination of a guardianship. Therefore a key role of the attorney with regards to developing a limited guardianship cases is to draw up a detailed, specific placement plan. This process can be complex. Even if your child has a disability, you are no longer his or her legal guardian beyond the age of 18. Most court findings will have the child appointed to a family member who lives in the same state as the child. This responsibility will continue until the child has turned 18 years old. If not, the court may dismiss the case or find a different solution that will be in the minors best interests. If the parent(s) fails, without good cause, to follow the plan, his or her parental rightsmay be terminatedby court proceeding. An individuals lack of capacity may occur because of mental or physical illness, a medical or health event, dementia due to Alzheimers or another cause, or for other reasons. Going through a divorce is one of the toughest and most emotional experiences that you. Copyright 2023 by Goldman & Associates Law. Get more information on obtaining an attorney. MCL 700.5204(2)(c). A durable power of attorney containing a nomination of a guardian for the maker's minor children may be filed with the Court for safekeeping and be designated a nomination of a standby guardian. Admission is free. The focus will be on school-age children, ages 5-12. 5/21 By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 6 months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or ado. 8am 5pm, Copyright 2023 KGP LAWYERS. Broadly speaking, a guardian is a person who has legal responsibility for another person, and is put in charge of his or her well-being. Terminate/Modify Guardianship of Minor and Notice of Hearing to all interested parties. Michigan law provides for the establishment of temporary or permanent guardians for minor children. The probate court may appoint a guardian for an unmarried minor if any of the following circumstances exist: [ i ] A prior court order, a divorce or a decision of separate maintenance, a death, a finding of mental incompetency by a judge, a disappearance, or confinement in a detention facility will all result in the termination or suspension of both parents or the surviving parents parental rights. A limited guardianship is one that is formed underMCL 700.5205, and is really a formalized consent arrangement. LEGAL NOTICES - CUSTODY [ORCP 4.4(A)(2)/JUV.R.16], 15.0 Guardianship - Next of Kin of Proposed Ward, 15.01 Judgment Entry Setting Hearing on Application for Appointment of Guardian, 15.3.1 Motion to Dispense with Bond, Inventory, and Periodic Accounts, 15.3.2 Entry Dispensing with Bond, Inventory, and Periodic Accounts, 16.0 Application for Appointment of Guardian of Minor (English), 16.1 Affidavit Regarding Child's Residency for Last Five Years, 16.2 Selection of Guardian by Minor over Fourteen Years of Age, 16.3 Notice of Hearing for Appointment of Guardian of Minor (To Minor Over Age 14), 16.4 Notice of Hearing on Application for Appointment Guardian of Minor to Parent, Known Next of Kin and Person Having Custody, 16.5 Judgment Entry Appointment of Guardian of Minor, 18.3.1 Affidavit of Unknown Name - Residence of Father (previously AF 1.0), 45 (D) Confidential Disclosure of Personal Identifiers. Limited guardianship is created by the filing of a petition by the minor's custodial parent or parent(s), where parental rights are voluntarily suspended. There is more to just taking over the care of a child as there are legal responsibilities such as school enrollment and medical care. According to Michigan Child Welfare Law, anyone can be appointed as a guardian. Guardianship is the judicial process. Nevertheless, other ages may be significant depending on the legal difficulties at hand. What should I do? Before ruling, the court may send a visitor to observe both the guardian and ward in their residences to observe conditions and report to the court in writing. 2023 www.monroenews.com. Our discussion relates only to the laws that apply to termination of a court-approved adult guardianship based on a determination of incapacity. The minor's residence is: guardian's home relative's home: Relationship other: c. The minor has been in the present residence since Date If moved within the past year, state the changes and the reasons for change: d. Under this section, the ward or interested person may petition for termination by submitting an informal letter to the court or judge. To establish a minor guardianship under 5204(2)(b), the court must find that the parent or parents permit the child to live with another person without providing that person with the authority he or she needs to care for the child. [ e ] A guardian may, under certain circumstances, approve the marriage, adoption, or release of a minor ward for adoption (unless this is a limited guardianship). A guardian appointed under MCL 700.5202 (parental appointment of guardian for minor by will) whose Sec. Players can bring their own equipment, but that is not required. The Monroe Family YMCAs free Adaptive Tee-Ball program resumes this weekend. Goldman & Associates Law Firm is here to with information about. 220 orjay@monroefamilyymca.org. On approval of the report and acceptance of the resignation, the court has authority to make other appropriate orders, including termination of the guardianship. A guardianship is by definition a temporary arrangement because it does not nullify a childs parental rights under the law. Monday Friday: For instance, a person in Michigan is legally deemed an adult for criminal law reasons when they become 17 years old. The Age of Majority Act established the age of 18 as the threshold for becoming an adult for the majority of purposes. If the unfortunate circumstance occurs where a parent has died before appointing a guardian for their child, the decision will be based on what courts think will be in the best interest of the child. In the county where the minor lives or is present at the time of filing, an interested party may submit a limited guardianship petition. Approved, SCAOForm PC 675, Rev. To appoint a temporary guardian, the court must hold a hearing and hear testimony. Each state has jurisdiction for guardianship purposes only over individuals residing within the state. Again, depending on the circumstances, the court may order a temporary guardianship due to any number of situations. The state of Michigan allows for legal guardianship of minors, which is custody of a child by a person who is not their parent. The program is still being offered at no cost to participants due to generous grant funding from Ralph. Various factors, such as incarceration or abandonment, may cause this. If you believe your adult child is unable to give informed consent, you might want to think about applying for guardianship so you can help and protect him or her when receiving medical treatment. (1) 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. We offer solutions that are tailored to fit your own specific needs. The Michigan Supreme Court provides these links solely for user information and convenience, and not as endorsements of the products, services or views expressed. The Court will appoint the nominee set forth in the power of attorney, except for good cause shown or disqualification. This placement plan shall set forth the grounds for requesting a limited guardianship, the period of the limited guardianship, the terms for parenting time and child support, and any additional terms that the parties agree the parents shall abide by. which discusses the nuances of moving your ward across state lines for special care or change of domicile. The court approves the limited guardianship placement plan. [ iii ] The following parties agree on a restricted guardianship placement plan, which the court approves: To be placed in a limited guardianship and to take part in a limited guardianship placement plan, a child must have the parents permission. This appointment is regular. In a Michigan guardianship proceeding, the probate court appoints a person to make necessary decisions for a legally incapacitated individual. The second instance is when a parent requests the guardianship to end, again the result hinges on whether or not the parent(s) have substantially complied with the guardianship plan. [ iii ] The person who the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption. 239 or hawkmielke@monroefamilyymca.org. Following a hearing, the court must appoint the person if it determines that person is qualified, the appointment will benefit the minors welfare, the venue is appropriate, the necessary notices have been made, and the legal requirements for a limited guardianship have been met. Court Forms They must fill out the appropriate paperwork and acknowledge that they are not only willing to take on this role but can also support the child financially and emotionally. The name of the tribe is .The minor is not an Indian child as defined by MCR 3.002(12). Until they are fired or pass away, the guardian has legal control over the child. Therefore, its crucial to consider other options. Probate Information Acting for Adults Who Become Disabled Provided by the Probate & Estate Planning Section of the State Bar of Michigan Contents Guardianship for Disabled Adults How a Guardian is Appointed Guardian Compensation Powers & Duties of a Guardian Guardianship can be Modified or Terminated Obtaining Legal Assistance While suspending the birth parents authority, it does give the prospective guardian several rights and obligations surrounding the upkeep and care of the child. When decisions about a childs health or welfare must be made right away, or when the child needs to be placed, it may be essential to appoint a temporary guardian while waiting for the results of a complete hearing on a guardianship petition. Walkers and wheelchairs are welcome. An action within the jurisdiction of the family division of circuit court involving the family or family members of the minor has been previously filed in Court, Case Number , was assigned to Judge , and remains is no longer pending. 10. Other reasons exist as well. In the first instance, a limited guardian can seek greater custody on its Motion, and if the parent(s) have not complied. The best and easiest way to settle any disputes is to plan accordingly. This is typically appointed to aunts, uncles, or grandparents, but occasionally circumstances allow non-relatives to be selected as official guardian. Drop-in sessions will run from 10 to 11 a.m. Saturdays, June 3, 17 and 24 and July . Our substantial guardianship experience positions us extremely well to help clients who encounter any issue involving Michigan guardianship laws and procedures. Guardianship of the Minor's Estate - This is typically granted when the ward has obtained more than $25,000 in property and needs assistance with administration. PC 651, Petition for Appointment of Guardian of Minor. [ b ] The guardian may receive funds made available for the wards maintenance to the wards parent, guardian, or custodian pursuant to the conditions of a private contract, devise, trust, conservatorship, or custodianship, or under the rules of a statutory benefit or insurance system. If you have concerns or questions about termination of a specific Michigan guardianship, a knowledgeable guardianship attorney can explain how the law and procedures apply to your circumstances. Unless it would have been against the law for a parent to have consented, a guardian is not accountable due to this permission for harm to the ward caused by the negligence or actions of third parties. To retain Garmo & Kiste, PLCcall us at(248) 398-7100for a free consultation orcontact uswith aprivate message. MCL 700.5310 addresses removal and resignation of guardians. Protective arrangements that give only financial decision-making to someone are called conservatorships. This program will be very similar to last years, Amanda Schmitz, community outreach director for the Y, said. The guardian of a minor has the same rights and obligations as a parent who is not deprived of custody of the parent's minor and unemancipated child, with the exception that the guardian is not required by law to support the ward with their own money and is not responsible to third parties for the actions of the ward because of their parental . by Kershaw, Vititoe & Jedinak, PLC | Jun 13, 2019 | Guardianships And Conservatorships | Situations may arise where someone may wish to apply for guardianship of a minor at the probate court. The court will appoint guardians. If you need assistance with a situation involving a Michigan guardianship, our experienced probate litigation lawyers and elder law attorneys at BRMM are here to help. C. Wilson Jr. Foundation and Community Foundation of Southeast Michigan, Schmitz said. Essentially, full authority over the child includes responsibility for financial, legal, and personal affairs. To discuss a placement plan or to attempt to terminate aLimited Guardianship in Michiganand toretaincall us at(248) 398-7100for a free consultation orcontact uswith aprivate message. [ ii ] The parent or parents willingly agree to have their parental rights suspended. Those interested can contact Jay Heinzerling at 734-241-2606, ext. There are a lot of types of guardianship, but guardianship for minors has three types: Anyone concerned for a minors welfare or a minor who is 14 years old or older may file a petition in the county where the minor resides or is present to request the appointment of a guardian on their behalf. If that situation occurs, the court will hold a hearing and review the evidence before granting termination requested in a petition. To understand what it means to be a legal guardian of a child, we have broken it down into a few key details that you should know. When one individual is appointed as a guardian due to a compelling circumstance or condition, this is a concept of guardianship. Family law is complicated because families are complicated. Unless a conservator is appointed for the wards estate, in which case the excess shall be given over to the conservator at least annually, the guardian shall take reasonable care to save any excess for the wards future needs. You will need Acrobat Reader in order to view and print these forms. According to Michigan Child Welfare Law, anyone can be appointed as a guardian. Additionally, the court may require appropriate support payments from the minor wards parents at any time, as well as reasonable parenting time and contact between the minor ward and his or her parents, all for the benefit of the minor. Does guardianship terminate when the child turns 18? The program debuted last summer. The report must include information about the wards status, any medical or mental health treatment or care the ward received, and any justifications, if any, for keeping the guardianship in place. We serve clients in Troy, Oakland County, and surrounding areas, as well as out-of-state clients . All rights reserved. An individual wishing to pursue a termination petition should consult with an experienced guardianship attorney who understands the laws and court procedures that apply. In most circumstances, a guardianship proceeding is only necessary if an individual does not have a valid durable power of attorney for health care, also called a patient advocate designation or advance directive in Michigan, which authorizes another person to make personal and health care decisions in the event of the individuals incapacity. temporary, expiring on 11. The guardian is not permitted to act until letters of guardianship are issued. Note: This fee may be waived if the person filing for Guardianship can show they are indigent (i.e., petitioner needs to show a current Medicaid card in own name). In the case the wards parents are unable to care for them, the guardian is in charge of meeting their wards immediate and long-term requirements, including shelter, education, food, and clothes. If parents are unable to parent due to their own mental or physical challenges (including drug/alcohol abuse), the court may allow time for them to show a change in behavior and sustainability to have their child returned to their watch. In case you want to read about a related article on guardianship, we posted one article, How To Transfer Guardianship of a Minor Between States which discusses the nuances of moving your ward across state lines for special care or change of domicile. If the unfortunate circumstance occurs where a parent has died before appointing a guardian for their child, the decision will be based . Durable powers of attorney are part of a complete estate plan. Becoming a legal guardian can mean several things, and it depends on what the situation is for you to become one. Good legal assistance can speed up the court process and prevent costly legal errors. Legal guardians are recognized by the court as responsible for the child. Act 386 of 1998 700.5204 Court appointment of guardian of minor; conditions for appointment. (a) The guardian shall take reasonable care of a ward's personal effects and commence a protective proceeding if necessary to protect the ward's other property. The most common legal guardianship cases are caused by illness, death, or incarceration. 330.287.5575 (Probate)330.287.5561 (Juvenile), A guardianship of a minor is a legal relationship where one person is given the authority and duty to care for the minor's person or property. If the Order or Entry is written in a foreign language, the Applicant should provide a translation. There are three types of Guardianships of a Minor: The Court will appoint the guardian. Until the birth parents can take over again, someone can apply to be appointed as the childs legal guardian for the childs safety. January 01, 2018 If your elder family member or loved one is having difficulty taking care of himself or herself, you may consider seeking appointment of a guardian. The minors parent who has custody of the minor dies or goes missing. Please note: All downloadable forms on this website are in a PDF file format. Is appointed to investigate and to report to the court regarding: the proposed full guardianship under MCL 700.5204(2) as required by MCR 5.404 (A)(2 . Call us at (248) 494-4577 to talk with us about matters relating to guardianship or other areas of concern. Michigan guardianship laws authorize a court to appoint a guardian for an individual who lacks sufficient understanding or capacity to make informed decisions regarding their personal care and well-being. We receive many emails; we will do our best to reply promptly. A Guardianship in Michigan appoints a legal guardian who assumes parental responsibilities for your minor children in the event you are no longer able to do so. The Court exercises the supervisory authority through accountings, reports, citations, investigations, Court Visitors, and removal proceedings. Filing Fee. | Powered by AGI Marketing, STAY CONNECTED WITH US: Child Guardianship Forms. Guardianship should only be used in extreme cases because it denies someone the right to support and accommodations. It grants a person legal rights for the care of their child and enables them to designate family members or other interested parties as the caretakers for their children. Forms must be filled out completely and uploaded to MiFILE (mifile.courts.michigan.gov/login). In certain situations, such as when a child has a handicap, a substance use disease, or is unable of caring for himself, the guardianship may continue to remain in place after the age of 18. In the discussion that follows, our BRMM probate litigation attorneys discuss termination of an adult guardianship. The parents may have abandoned their child with a friend or family member without any intention of coming back or with no legal right to make choices regarding the childs welfare, such as through a power of attorney. GuardianshipActing for Adults Who Become Disabled. After qualification, the guardian shall comply with all relevant requirements under the law. As a parent, you can appoint one guardian for all your children or different guardians for each of your children. Different statutes govern guardianships for minors and for individuals whose disability occurs prior to age 22. Guardians assume the parental role upon the death of the child's parents. When a court grants a guardian authority, it also denies the person those same rights. , Becoming A Legal Guardian Of A Minor In Michigan, How to Prepare for Divorce in Plymouth, MI, Child Custody Cases in Michigan: Frequently Asked Questions and Challenges, Divorce & COVID-19: What You Need to Know, Tips For Navigating Your Child Custody Case. Guardianship of the Minor's Person and Estate- This is typically granted when joint control of the ward and their assets are necessary. Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan. There are two types of court-ordered guardianships for a minor. Occasionally there is willful abandonment of a child. Typically, guardianship ends when a child turns 18 years old. The signing and filing of the Affidavit (Form 16.1) is jurisdictional in every minor's guardianship. Following a hearing, the court must appoint the person if it determines such a person is qualified, the appointment will benefit the minors welfare, the venue is appropriate, the necessary notices have been made, and the legal conditions for full guardianship have been met. A minor over fourteen (14) may nominate a guardian and a childs parents may nominate a guardian by leaving instructions in a last will and testament, or including them in a durable power of attorney. Barron, Rosenberg, Mayoras & Mayoras P.C. Grandparents may be granted guardianship by a parent, for instance, in circumstances when the parent travels frequently. If there have been any prior case filings in any court involving the minor's custody or visitation, those proceedings must be described and a certified copy of the Order or Entry in that case must be provided to the Court with the initial filings. Guardianship of the Minor's Person- This is typically granted when the wards parents are unable or unwilling to provide care and guidance for the ward or when the minor's interest will be otherwise promoted through a guardianship. For more information on the program, visit monroefamilyymca.org or contact Hawk Mielke at 734-241-2606, ext. Removing someones rights increases their vulnerability, not decreases it. Items necessary once a Guardianship for a Minor is estalished: If you are the Guardian of the Person, you will need these forms: Guardianship of the Person If you are the Guardian of the Estate, you will need these forms: Guardianship of the Estate All individuals who are 18 years of age or older are assumed competent under the law, which means they are able to make decisions regarding their health, finances, and other significant areas of their lives. They can continue to exercise this privilege until they die or a judge rules that they are no longer competent. 5204. This is primarily so that the courts can monitor the child more easily. The minor is a member of an Indian tribe, or is eligible for membership in an Indian tribe. 17th Circuit Court Courts 17th Circuit Court Minor Guardianships Minor Guardianships As part of the Circuit and Probate Court's Concurrent Jurisdiction Plan, minor guardianship cases were moved to the Circuit Court in 2020. Under certain conditions this will terminate the parent(s) rights after a juvenile court proceeding. 5209. Fast Facts: The vast majority of full guardianships are established under 5204(2)(b). The Court may request that the court investigator or Court Visitor perform a follow-up investigation and file a report with the Court. A limited guardian has all the powers of a full guardian, except that a minors limited guardian shall not consent to marriage or adoption of the minor ward or to the release of the minor ward for adoption. The most common reason for a limited guardianship is to provide health insurance for the minor child. Games are non-competitive. Registration is not required. The potential limited guardian accepts his or her role as the limited guardian of the minor. When parents are unable to care for their children because of illness, incarceration, or other reasons, Michigan law allows for legal guardianship. A guardian has numerous responsibilities under Michigan law and under a guardianship order. By Maggie Lourdes, J.D. In addition, you are an adult by law if you have been emancipated. A minor guardianship gives an adult other than the parent the power to act on behalf of a minor. In some situations, termination may be justified under the terms of the courts order. If a parent is unable to be there physically to care for the child, a grandmother may act as guardian. DHS-PUB-162 Juvenile Guardianship Assistance Program DHS-PUB-162. Community volunteers are needed to help with the program. $150.00 per child. The guardian is responsible for providing their ward's daily and long-term needs, such as shelter, education, food and clothing in the event their parents cannot provide for them. A guardian has the legal authority to govern decisions that affect a child's medical care, living arrangements, schooling and routine activities. A specific statutory provision, MCL 700.5308, addresses termination of a guardianship. A second court hearing will occur to determine the possibilities after a certain period, often after six months. Donations will be accepted to support the Youth Sports Program. The probate court will appoint a person for the incapacitated individual to make necessary legal decisions. A guardian is vested with the following authority and obligations: [ a ] A wards personal belongings must be handled with reasonable care by the guardian, and if necessary, a protective process must be started to safeguard the wards other property. An adult, or a minor age 14 or older, may file this petition. In case you want to read about a related article on guardianship, we posted one article, , How To Transfer Guardianship of a Minor Between States. Following is a summary of reasons that may result in termination of an adult guardianship in Michigan, in addition to death of the ward or incapacity of the guardian. [ + ] The person or people who will be chosen by the court to serve as the minors limited guardian. Hire a skilled and experienced attorney of family law to help settle any disputes, or to help you be prepared. custody of the minor dies/is missing and other parent has not been granted legal custody under court order; person whom petition asks to be appointed guardian is related to minor within fifth degree by marriage/blood/adoption. Michigan guardianship authority does not automatically transfer to a different state if the ward relocates. A parent whose consent was obtained for the placement plan may have their parental rights terminated by the probate court if they substantially violate the plan without justification. To discuss the creation of a Limited Guardianship in Michigan, or other family law matters, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with . A child between the ages of 16 and 18 can become legally independent from their parents or other legal guardians through the process of emancipation. A guardian has the right to bring legal action to compel someone to carry out their obligation to care for their ward or to make a financial contribution to their welfare. Detailed statutory procedural and substantive requirements apply to guardianship proceedings, including a petition to terminate guardianship by a ward or interested person. The guardianship plan will set out a specific arrangement for parenting time and support of the child during the guardianship. Reasons Termination or suspension of parental rights By prior court order By judgment of divorce or separate maintenance By death By judicial determination of mental incompetency The program debuted last summer. The parent(s) with custody must consent. In specific situations, a person can also apply for complete guardianship of a minor. Sec. There may be circumstances where a guardianship application for a minor should be made before the probate court. The Monroe Family YMCA's free Adaptive Tee-Ball program resumes this weekend. All Rights Reserved. Does Guardianship Terminate When the Child Turns 18 in Michigan. If you are seeking guardianship of a loved one or a family member, there are certain procedures that you can expect to take place. Participants can have developmental, physical or multiple special needs. It is unknown whether the minor is an Indian child as defined by MCR 3.002(12). Therefore, rather than being tried in family court, a 17-year-old who is suspected of a crime will be tried as an adult in either district or circuit court. The parent(s) consent to the suspension of their parental rights is voluntarily. In Michigan, a guardianship proceeding takes place in the county's probate court. After a Michigan court appoints a guardian, guardianship for the incapacitated adult generally continues until it is terminated by the court. A petition, a will, or any written instrument that has been signed by the parent and at least two additional witnesses can be used to nominate potential guardians. A guardian may request court approval of the guardians resignation by submitting a petition and filing a report with the court. Conservatorship is a different process governed by other statutory provisions that provides for court appointment of a conservator to manage finances if an individual no longer has the capacity to handle those responsibilities. A guardian must apply to the probate court for custody of a minor; the court will decide whether to award it or not depending on what it considers to be in the childs best interests. [ g ] The guardian is required to notify the court of the wards new address within 14 days of a change in the wards domicile. Please note that guardianship is not to be confused with custody over the child which only pertains to exist between the parents.

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