Frequently Asked Questions

This form of guardianship may be necessary when parental duties are not vested in a person by law or court order, or when a parent is unable to effectively carry out his/her duties. One of the grounds for a guardianship for an unmarried minor must exist in order for the Court to grant the petition for a full guardian. MCL 700.5204(2) 

1. The parental rights of both parents or of the surviving parent have been terminated or suspended by: 
   1. Prior court order,
   2. Judgement of divorce or separate maintenance,  
   3. Death,  
   4. Judicial determination of mental incompetency,  
   5. Disappearance,  
   6. Confinement in a place of detention. 
2. The parent(s) have permitted the minor to reside with another person, but have not provided that other person with legal authority for the care and maintenance of the minor. 
3. All of the following exist: 
   1. The minor’s biological parents have never been married to one another, and 
   2. The minor’s parent who has custody of the minor dies or is missing and the other parent has not been granted legal custody under court order, and
   3. The person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.

This type of guardianship can occur when the parents, custodial parent, or surviving parent voluntarily agree to suspend parental rights. MCL 700.5205. The parent(s) would be the petitioners who would file PC 650 Petition for Appointment of Limited Guardian of a Minor. A Limited Guardianship Placement Plan, PC 652, must be completed and signed by the parent(s) and the proposed guardian(s). The Probate Court Judge must approve the plan. A parent agreeing to this plan who substantially fails to comply with the plan without good cause may lose their parental rights. If appointed, a limited guardian has all the powers of a full guardian, except he/she may not release a minor for adoption, or consent to an adoption or marriage. 

There are situations where a parent may execute a power of attorney to delegate to another person, for a time period not to exceed six months, the parent’s powers regarding the care, custody, or property of a minor. However, the power to consent to adoption or release a minor for adoption cannot be delegated. MCL 700.5103. The court does not have, nor does it provide, a Power of Attorney form.

The petition can be filed by any person interested in the welfare of the minor, or a minor who is 14 years or older. MCL 700.5204(1) and MCR 5.402(B). The proper venue for a guardianship petition is the county in which the minor resides or is present.  MCL 700.5211

If the Court feels that the minor’s interests are not being represented adequately, an attorney may be appointed for the minor. MCL 700.5213(4). 

There are situations where the Probate Judge may appoint a temporary guardian for a period not to exceed six months. MCR 5.403(D) and MCL 700.5213.  A temporary guardian may be appointed, if need be, pending the proceeding for a permanent guardian. MCR 5.403(D)(1).  The petitioner would check box #7 on the petition and state, in detail, the reasons why the temporary guardian is necessary. Additionally, a temporary guardian may be appointed if the minor’s guardian is not properly performing his/her duties. MCR 5.403(D)(2).  In such circumstances, the Court may hold a hearing and waive the notice period for the interested persons; however, a minor who is 14 years or older must receive notice. MCR 5.403(B).   

The petitioner must nominate someone to serve as the guardian for the minor. However, the Court has discretion as to who is appointed and must appoint someone that will serve the minor’s welfare. If the minor is 14 years old and has nominated someone to serve as guardian, the Court will appoint the nominated individual, unless it is contrary to the welfare of the minor.  MCL 700.5212. 

The Petitioner must attend the hearing or the petition will be dismissed. The petitioner must provide testimony and evidence establishing that the appointment of a guardian is necessary. *If a parent of the minor is incarcerated, the Court cannot grant the requested relief if the incarcerated party has not been offered the opportunity to participate in the proceedings as required by MCR 2.004.  If all procedural requirements are met, and the Court is satisfied by clear and convincing evidence that the statutory grounds for appointment have been met, a guardian may be appointed. If the petition is granted, the Court will issue an Order Appointing Guardian (PC 653). Once the proposed guardian submits a signed Acceptance of Appointment (PC 571), the Judge will sign Letters of Guardianship (PC 633) that allow the guardian to act.  

In Cass County, the Probate Court Judge typically orders in all guardianship matters that the guardian cannot consent to the marriage or adoption of the minor; cannot consent to a Power of Attorney over the minor; cannot move with the minor out of the State of Michigan without prior approval of the Court; and the guardian shall not allow the minor to reside in any other residence without prior approval of the Court.  

A minor guardianship will terminate automatically when the minor turns 18, marries, becomes emancipated, or dies. Additionally, a party may submit a Petition to Terminate the Guardianship (PC 675) along with a $20 filing fee to the Probate Court. The matter will then be set for hearing and interested persons must receive notice. Generally, the Court will order the Department of Health and Human Services to investigate and report to the Court as to the best interests of the minor. 

A Petition to Modify the Guardianship (PC 675) can be filed by any person interested in the minor’s welfare, including the minor, if 14 years or older. The petition may request, among other relief, that the current guardian be removed or allowed to resign, or to appoint a successor guardian. The matter would be set for a hearing and interested parties must receive notice. A guardian can also be removed by the Court for failing to fulfill his/her responsibilities.