Limited Guardianship of a Minor in MichiganĪ limited guardianship is appropriate if the child’s parent or parents who have custody consent to the suspension or termination of their rights as parents and consent to have a guardian appointed. A full guardianship may continue until the minor turns 18 the guardian must file annual reports with the court regarding the child’s well-being, and notify the court of any change in the child’s address within 14 days of the move. They may decide where the child will live, what education and medical care they will receive, what religion (if any) they will be raised in, and make the numerous day-to-day decisions parents make, Guardians are not, however, obligated to support the child with their own funds they may petition for the biological parent or parents to provide support for the child. Other court order (other than an order for a limited guardianship)Ī full guardian of a minor in Michigan has the same rights and responsibilities as a parent: care, custody, and control of the minor child.Judgment of divorce or separate maintenance.A judicial determination of the mental incompetency of the parent(s).Death of the child’s custodial parent when the other parent does not have legal custody.That includes the child, if they are at least 14 years of age.Ĭircumstances in which a full guardian might be appointed include a suspension or termination of parental rights due to: A parent, if living and competent to do so, may also consent to a full guardianship of their child.Īny interested person can petition the court for appointment of a guardian. Full Guardianship of a Minor in MichiganĪ Michigan probate court can grant a full guardianship of a child to an adult with the interest in the minor’s welfare, usually a close relative. A ward may be a legally incapacitated adult, but for purposes of this discussion, we’ll be talking only about full and limited guardianship of a minor. In this blog post, we’ll discuss the difference between full and limited guardianship in Michigan.Ī guardian is a legal adult to whom the probate court has given responsibility for the personal and physical well-being of another person, known as the ward. That person may have a full or limited guardianship. But if the parent isn’t available, or capable of making those decisions, the child needs a legal guardian. For most children, the decision maker is a parent. Being under the age of 18 is such a legal incapacity. When a person lacks the legal capacity to make decisions on their own behalf, they need someone who can make those decisions for them.
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