Full Guardians
There are two ways to obtain a guardianship. One is to select the guardian of your choice during your lifetime and after both parents of the minor child die, the Probate Division of the family court will implement your wishes, unless very unusual circumstances dictate otherwise.
The other way to obtain full guardianship is to file a petition for with the Probate Division of the Family Court. A court hearing is held after all "interested persons" are notified. The term "interested persons" is defined by the Michigan Probate Code. Notice must be provided the parents (if the person is a minor) and the individual if they are 14 years old or older.
The person over whom the guardianship is granted is called a ward. A ward can be an unmarried minor or any person who is "legally incapacitated" person. Guardians do not have the right to dispose of the ward’s property. The name of the person who has the right to deal with the ward’s property is called a conservator.
Temporary Guardian
The person filing the petition for a Full Guardianship may ask the court to grant a Temporary Guardianship while waiting for the hearing. If the court finds that a Temporary Guardian is needed, it will appoint one to be effective until the hearing on the Full Guardianship is held. The authority of the Temporary Guardian is limited to six months.
Limited Guardian
A petition for a Limited Guardian may be filed by the parent(s) who has custody. This Petition is also filed in the Probate Division of the Family Court. Either a the parent(s) or the Limited Guardian may petition to end the Guardianship. This type of guardianship does not have to specify a termination date.
Informal Change of Custody
A guardian or the parents of an unmarried minor or legally incapacitated person may give another person custody of that child or person without going to court. This type of power of attorney is limited to a six month period of time. It can be renewed.
This informal temporary type of voluntary change of custody happens all the time without any written agreements. If parents permit your child to reside with another for an extended period of time while they are out of town is a typical example of an informal change of custody. During such temporary intervals it is advisable to sign a medical power of attorney authorizing a responsible person to make medical decisions in the event of an emergency. A medical power of Attorney can be purchased from an attorney or sometimes may be obtained from a hospital for free.
Temporary Power of Attorney
A guardian or the parents of an unmarried minor or legally incapacitated person may give another person custody of that child or person without going to court. This type of power of attorney is limited to a six month period of time. It can be renewed.
This informal temporary type of voluntary change of custody happens all the time without any written agreements. If parents permit your child to reside with another for an extended period of time while the parents or guardian are out of town is a typical example of an informal change of custody. During such temporary intervals it is advisable to sign a medical power of attorney authorizing a responsible person to make medical decisions in the event of an emergency during your absence. A medical power of Attorney can be purchased from an attorney or sometimes may be obtained from a hospital for free.