Any interested adult, or a minor over the age of 14, can file a petition with the probate court asking the court to appoint a guardian. A court appointed guardian makes important decisions such as housing, education, medical treatment and other things usually decided by a parent for the minor.
A general guardian would be appropriate if a minor has no living parents, or the parents cannot be found. If a guardian is named in the parent's will, the proposed guardian is given priority by the court. This is called a testamentary guardian. A general guardian has all the legal powers of a parent, but is not legally required to support the minor.
In a limited guardianship, the proposed guardian and the custodial parent decide what powers the guardian will exercise and both must sign a limited guardianship placement plan. This plan tells the court the reason for the guardianship, how long it will last, how the child will be supported, and how the parent will stay in contact with the child. A limited guardian cannot consent to the marriage or adoption of a child.
The placement plan must be approved by the court. If the parent does not keep the agreement made in the plan, the guardian or another person named by the court may ask the family division of the circuit court to terminate the parent's rights to the child and make the child available for adoption.
Limited guardianships for minors under age six must be reviewed by the court every year, less often for older children, to make sure the placement plan still works. The court may modify the plan when it is reviewed.
A parent must go to court to end the guardianship. In some cases, the court may decide that the parent is not ready to have the child back, and may set some conditions for the parent to meet before the child is returned.
If a guardian is unable to keep the child, the guardian must petition the court to appoint someone else.
You can get a petition, a placement plan, and other forms from the probate court. You may want to check with an attorney if you have any other questions.
2/99
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Last updated 2-18-99
Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov