Legal Question in Juvenile Dependency in Michigan

Re: Death of 17 year old's parents

You need not put a provision in the will.

Re: Death of 17 year old's parents

He can be legally emancipated.

MCL 722.4 provides that emancipation occurs by operation of law or pursuant to a petition filed by a minor. When your child turns 18, he is emancipated by operation of law.

In the event that you die before your child turns 18, he may file a petition with the family court to become emancipated. You do not need to put a provision in your will regarding emancipation, however, you certainly can. You can put whatever you want in your will. Your child will have to petition the court and state their case for emancipation. If you put a provision in the will regarding your child's capacity to take care of themselves as an adult would and the fact that you consent to emancipation and you do not believe a guardian is necessary, your child could present this to the court in their favor.

You can even specify that if your child were to have a guardian it would be Mrs. X, however, you prefer that they be given an opportunity to become emancipated and live independently.

If you have any further questions, please do not hesitate to inquire of me via my website at www.lawrefs.com.

Re: Death of 17 year old's parents

Emancipation cannot be based on what is in the parents' wills.

Emancipation occurs (i) when a minor turns 18 years old, or (ii) petitions the probate court to be emancipated and the judge approves it, (iii) a minor marries with his/her parents' consent, or (iv) a minor is in active military duty. (See www.eatoncounty.org/prosecutor/define.htm#emancipation)

If your child wants to petition the court to be emancipated, he/she has to prove that he/she can manage his/her financial and social affairs (including proof of employment or other means of support; proof of appropriate housing; etc.), and attach affidavits from a physician, psychologist, therapist, nurse, clergy, school administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider, or certified social worker with personal knowledge of the minor's circumstances and a belief that emancipation is in the minor's best interests. Receipt of General Assistance or ADC-F is not qualified "other means of support" and is not proof of self-support by the minor.

So, just asking for emancipation isn't enough. The child has to show an actual ability to care for him/herself, provide for him/herself, and have the maturity to undertake that responsibility. This is easier requested than established.

If you both die before your child turns 18 or is otherwise emancipated already, a guardian will have to be appointed. A guardian is an adult who is given Probate court-approved powers similar to a parent (e.g., consent to medical treatment, decide where the child lives, enter into contracts for the child, etc.). In your will, you might want to list several people who you want to be the child's guardian if both of you die while the child is a minor (e.g., Grandma Nora, Uncle Paul, close friends Bob and Mary Jones). That doesn't guarantee that they will be appointed, but your preference may later tip the scale.