Guardianship of a Child or Adult in Michigan

A person interested in the minor's welfare, or a minor 14 or older, may petition the probate court to appoint a guardian. The court may appoint one if the parents' rights are terminated or suspended (for example, by death, divorce judgment, incompetency, disappearance or confinement); if the parents let the child live with another person without giving that person legal authority and the child is not living with a parent when the petition is filed; or, for a child of never-married parents, if the custodial parent dies or is missing and the proposed guardian is a relative within the fifth degree. The court may order an investigation, and may order the parents to pay support and allow parenting time.

The probate court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that guardianship is necessary to provide continuing care and supervision. The court grants only the powers, and only for the time, needed for the demonstrated need, and must design the guardianship to encourage maximum self-reliance and independence. A limited guardian is appointed when the person can do some but not all self-care tasks; a full guardian only when the person is totally without capacity. A guardian may not exercise medical decision powers held by a patient advocate the person designated earlier, unless the court finds a problem with that designation.