Legal Question in Family Law in Michigan

Full Guardianship Alternatives

I live in Ingham County and received their packet on Guardianship which states ''A full guardianship may be granted if the parent(s) have permitted the minor to reside w/ another person and have not provided the other person with legal authority for the care and maintenance of the minor.'' How can a parent(s) provide the other person with the legal authority for care and maintenance w/o going through the guardianship procedings?


Asked on 1/11/01, 12:15 pm

1 Answer from Attorneys

Judith Zock Zock & Associates

Re: Full Guardianship Alternatives

Currently in Michigan, a parent may grant the authority through a power of attorney or as of April, 2000, parents may also execute a "parental appointment" of guardianship. The latter alternative requires a writing which appoints a person a guardian over the minor, signed by the parent(s) and then witnessed by two persons. An acceptance of the appointment is then signed by the "guardian. Both documents are then deposited with the Probate or Circuit Court in the county in which the child is present or resides. Note that the court is not acting on these documents at all but only serving as a repository so that other persons may check with them to make sure the guardianship is in effect. A parent may revoke this appointment whenever they choose, just as they may with a power of attorney. Be aware that many counties in Michigan are not yet using the parental appointment and you may run into resistance. However it is the law under EPIC, so check with your Probate Court.

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Answered on 1/30/01, 6:52 am


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