Guardianship

Guardianships provide legal options for individuals trying to achieve a safe custody situation for children and disabled individuals.

Three types available in Michigan:

Protection of a child through the use of guardianship may be particularly appropriate where the parent or parents will be temporarily absent from the child’s life and thereby unable to provide care, for reasons such as incarceration, extended in-patient mental health or substance abuse treatment, or hospitalization. Guardianship may also be a valuable alternative to termination of parental rights where there are important family ties, both psychological and legal, that one wishes to preserve and yet the biological parent is unable to properly care for the child in the foreseeable future. A minor who is 14 years or older may nominate a person to be their guardian so the court will take their feelings into consideration.

Three types of Guardianship are available under Michigan law: general guardianship, limited guardianship, and temporary guardianship. If a petition to terminate an existing guardianship is filed, the court may also order a permanent guardianship. The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least two witnesses. A professional guardian may also be appointed.

To schedule a private consultation with a licensed attorney, call (231) 726-4484.