Standby Guardianship - Michigan

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Who Can Nominate a Standby Guardian

Citation: Comp. Laws § 700.5205

The court may appoint a limited guardian for an unmarried minor upon the petition of the minor's parent or parents.

How to Establish a Standby Guardian

Citation: Comp. Laws § 700.5205

The court may appoint a limited guardian for an unmarried minor upon the petition of the minor's parent or parents if all of the following requirements are met:

  • The parents with custody of the minor consent or, in the case of only one parent having custody of the minor, the sole parent consents to the appointment of a limited guardian.
  • The parent or parents voluntarily consent to the suspension of their parental rights.
  • The court approves a limited guardianship placement plan agreed to by both of the following parties:
    • The parents with custody of the minor or, in the case of only one parent having custody of the minor, the sole parent who has custody of the minor
    • The person or persons whom the court will appoint as the minor's limited guardian

How Standby Authority is Activated

Citation: Comp. Laws § 700.5205

The parent or parents of a minor who desire to have the court appoint a limited guardian and the person or persons who desire to be appointed the limited guardian must develop a limited guardianship placement plan, using a form given by the State court administrator. A limited guardianship placement plan form must include a notice that informs a parent who is a party to the plan that substantial failure to comply with the plan without good cause may result in the termination of the parent's parental rights.

The proposed limited guardianship placement plan shall be attached to the petition requesting the court to appoint a limited guardian. The limited guardianship placement plan shall include provisions concerning all of the following:

  • The reason the parent or parents are requesting the court to appoint a limited guardian for the minor
  • Parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship
  • The duration of the limited guardianship
  • Financial support for the minor
  • Any other provisions that the parties agree to include in the plan

Involvement of the Noncustodial Parent

This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation: Comp. Laws §§ 700.5205(2)(b); 5206(4)

The limited guardianship placement plan shall provide for parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship.

A limited guardian appointed under this section has all of the powers and duties enumerated in § 5215 except that a minor's limited guardian shall not consent to marriage or adoption of the minor ward or to the release of the minor ward for adoption.

Withdrawing Guardianship

Citation: Comp. Laws § 700.5206(3)

The voluntary suspension of parental rights under § 5205 does not prevent the parent or parents from filing a petition to terminate the limited guardianship at any time as provided in § 5208. Appointment of a limited guardian under this section is a continuing appointment.