Nomination of a Guardian in Michigan
A guardian is responsible for caring for minor children or incapacitated people who cannot care for themselves. The state of Michigan provides for many types of guardianship options, depending upon the situation.
While people can name their choice of guardian for their minor children or an incapacitated adult they are currently guardian for in their estate planning legal documents before incapacity, the family may need to file a petition for a court-appointed guardian if the person in question did not complete those documents.
If you or a family member needs to file for the nomination of a guardian in or around Ann Arbor, MI, contact us at Bassett Murray Law Group, PLLC. We help families prepare for life’s changes with estate planning, probate litigation, elder law, and other practice areas.
Guardianship for Minor Children
Michigan offers two types of guardianship options in the case of minor children.
- Full Guardianship. The court may appoint someone to serve a full guardianship of a minor in several limited instances. These include revocation of parental rights, permission by the parents for the minor to live with another person, or a combination of factors establishing the guardian’s ability and interest in caring for the minor child.
- Limited Guardianship. The court may appoint someone as a limited guardian of a minor if the custodial parent consents, agrees to suspend parental rights, and the court approves a Limited Guardianship Placement Plan in agreement with the petitioner guardian and custodial parent.
Guardianship for an Incapacitated Person
Procedures for nominating a guardian for an incapacitated person are different than for minors. Any competent adult may file a petition detailing the incapacity and need for guardianship. They must nominate a choice of guardian in their petition.
If a family member is not capable of serving as a guardian for a loved one, the court may have a list of professional guardians for the family to call.
You may nominate a guardian or request an emergency guardian appointment under time-critical circumstances, such as if you believe a loved one is suffering abuse by their current guardian or if an incapacitated person needs immediate healthcare treatment. A temporary emergency guardian may be approve by the court.
If a person does not name their choice of guardian in their estate planning documents, the court will need to appoint someone as guardian. The person’s choice of guardian has first priority, followed by family, and then a professional guardian. A guardian will need to be appointed by the court to have the legal right to make decisions for the incapacitated person.
While many people often choose a family member to care for the incapacitated person, some families may not have the necessary resources to care for their loved one. The court may be able to provide a list of professional guardians to assist the family in ensuring the best care for their loved one.
Contact a Guardianship Attorney in Ann Arbor, MI, for Help with Guardian Nomination
At Bassett Murray Law Group, PLLC, we have over 25 years of experience helping families manage their nomination of guardian and related legal documents. We strive to help families prepare for life’s changes and handle the unexpected when it happens.