Why is a Virginia Guardianship Important?

 

 

Guardianship legally affirms an individual as a caretaker for a child with out-of-home care while maintaining the child’s parents’ rights. In Virginia, guardians and conservators are appointed by the state to protect incapacitated persons (individual who cannot make decisions with aid). Only circuit judges in the state of Virginia may decide that an individual is incapacitated; only circuit judges may affirm a Virginia guardianship. 

 

 

A Virginia guardianship’s authority is somewhat broad, for it can be limited to rendering specific decisions. Typically a Virginia Guardianship will render health care and personal decisions but also may be responsible for other decisions that are social in nature (IE visitation issues). The extent of a Virginia guardian’s authority is set forth in a circuit judge’s order and in the Virginia code. 

 

 

The Establishment of a Virginia guardianship removes an individual’s right to make decisions for him/herself. As a result, a Virginia guardianship is typically believed to be a last resort option. Virginia guardianships should only be used when are no less invasive or restrictive alternatives that will protect the interest of the incapacitated party. 

 

 

The primary reason to have a guardianship in place to streamline the delivery of medical treatment required by a disabled person. Medical professionals and medical facilities may refuse to perform needed—but non-emergency procedures—on disabled patients without legally authorized consent. Guardianship bypasses this impediment by providing said consent in an efficient manner.

 

 

Types of Virginia Guardianship:

 

 

When a Virginia circuit judge decides that a Virginia guardianship is necessary for an incapacitated party, the judge possesses significant flexibility in determining what authority to give the conservatory or guardian. The circuit judge may render specific provisions to preserve as much of the disabled party’s independence as possible. Listed below are the different types of Virginia guardianships:

Full Virginia Guardianship:

 

 

• A Virginia Guardianship—unless specifically appointed by a court order—provides full decision-making responsibility for all personal and personal care decisions for the disabled party. Full Virginia Guardianship, again, is only applied as a last resort means—there are no less restrictive methods that provide needed protection. Full VA guardianships are required to report  to the local department of social services regarding the care provided to the incapacitated adult. Said reports are prepared on court documents issued by the Office of Executive Secretary of The Virginia Supreme Court and delivered to the Virginia guardian by the Clerk of the Circuit Court

Limited Virginia Guardianship:

 

 

• These types of Virginia Guardianships are used when decisional aid is only required for specific tasks—these forms of Virginia guardianships do not require the guardian to make all decisions for the incapacitated. For instance, an incapacitated adult may be able to decide certain things as it pertain to their daily life, but need help making health care decisions. In this instance, a judge will appoint a limited VA guardianship to make health care decisions, leaving the incapacitated free to render all other decisions. These forms of VA guardianships possess the same responsibility as full guardians to report annually to the local department of social services concerning the care provided to the disabled or incapacitated party. 

Standby Virginia Guardianship:

 

 

• These types of VA guardianships are people who become the guardian of the incapacitated person when the individual is currently responsible for providing care dies. This type of Virginia guardianship allows parents to plan for the care of a disabled child after they die. This form of a VA guardianship will not assume any duties until the death of both parents. 

 

 

Frequently Asked Questions Pertaining to Virginia Guardianships:

 

 

How Will I know if a Person needs a Guardian or a Conservator?

 

 

• Virginia guardianships are required for people:

 

o VA guardianship is required for people with functional capacity impediments; these problems obstruct the individual from caring for their own basic needs 

 

o VA guardianship is required for people who are at risk of substantial harm

 

o VA guardianship is required for people who have no family members or other people in their lives available to assume responsibility for helping them

What are the Primary Duties of a Virginia Guardianship?

 

 

• A Virginia Guardianship places the following responsibilities on the guardian: make decisions concerning how the disabled or incapacitated person lives, including decisions regarding medical treatment, social activity and residence issues. 

 

 

 

 

What is Massachusetts Guardianship of a Minor?

 

 

You can serve as the legal guardian of a minor child if his or her parents are unfit or unavailable to care for the youth. To secure a Massachusetts Guardianship of a minor, you will have to complete court documents and then file said documents with the Probate and Family Court in the county where you reside. 

 

 

A Massachusetts guardianship will be appointed if the prospective child’s birth parents are unfit, unavailable or dead. A Massachusetts parent may consent to Massachusetts Guardianship by signing an assent in front of a notary. If the child is currently living with his or her parents, the court will only appoint a Massachusetts Guardianship if there is strong evidence that the parents are unfit to care for the child. This standard is ultimately difficult to prove; Massachusetts Probate and Family courts do not require (or expect) ideal parents, only adequate ones. 

 

 

A Massachusetts guardianship possesses almost the same powers and responsibilities of a parent concerning a child’s care, education, support, welfare and health. MA guardianships cam make several routine decisions regarding the child’s daily life—and unless the court states otherwise—whether the birth parents may visit the child. 

 

 

If the birth parents are able to care for the youth, but require period assistance, then they must—according to MA guardianship law– sign a Caregiver Authorization allowing the caregiver to care for the child. In this sense, the parent retains all obligations and rights and may revoke the authorization at any time. The form required for Caregiver Authorization is located here and here. 

 

 

Is a Massachusetts Guardianship Allowed to Manage the Minor’s Money and Property?

 

 

A Massachusetts guardianship assumes a role similar to that of a birth parent. Massachusetts guardianships use the child’s money for the child’s education, welfare and health. A Massachusetts guardianship can manage moderate amounts of the youth’s money and is eligible for receiving up to $5,000 per year to use on the youth’s behalf. An MA guardianship can also become the youth’s representative payee for authority to receive social security income for the youth. 

 

 

Who is Allowed to Become a Massachusetts Guardianship?

 

 

A Massachusetts guardianship must be at least 18 years of age and must live in the United States. Moreover, prospective Massachusetts guardianships must be ruled competent to care for the youth. The applicant must satisfy the Court’s requirements to deem that he/she can serve as the child’s legal guardian. After reviewing the applicant’s basic information, the Court will check the prospective Massachusetts guardianship’s criminal record and their database to see if the child has been involved with the Department of Children and Families. Prospective Massachusetts guardianships do not need to be related to the youth. Moreover, a child— according to MA guardianship law —can have two Massachusetts guardianships. 

 

 

What is the Difference between Massachusetts Guardianships and Adopting?

 

 

A Massachusetts guardianship does not serve as the child’s legal parent. Appointment of Massachusetts guardianships does not cut ties with the birth parent’s responsibilities and rights—the birth parent(s) may still visit the child with the Massachusetts guardianship’s permission or via court order. Moreover, the Court may return custody to the child’s birth parents at any time. Only when birth parents place their children for adoption—or when their parental rights are terminated by the state—will they relinquish all responsibilities and rights toward the child. Massachusetts Guardianships are not permanent legal relationships because parents or interested parties will seek to have the Massachusetts Guardianship removed, and because many Massachusetts Guardianships expire when the youth turns 18. 

 

 

Will the Massachusetts Guardianship Need to Notify Anyone of the Petition?

 

 

A Massachusetts Guardianship must comply with all of the court’s instructions to notify interested parties, including:

 

 

• MA Guardianship provisions include: the Veterans Administration if the department owes the youth any benefits

 

 

• MA Guardianship provisions include: The child, if above the age of 14

 

 

• MA Guardianship provisions include: Any conservator or guardian for the child; and

 

 

• MA Guardianship provisions include: Any individual with whom the youth has lived during the past 60 days (foster parents not included).

 

 

• MA Guardianship provisions include: The child’s parents or the child’s nearest alive relatives over the age of 18

 

 

The state court—based on MA Guardianship law–requires notice the all of the above; petitioners for Massachusetts Guardianships must be able to show the Court that the above party’s received a copy of the citation and the petition. Mail is not sufficient to prove this. 

 

 

Where Do I File a Massachusetts Guardianship?

 

 

A Massachusetts Guardianship petition must be filed in the Family and Probate Court in the Massachusetts County where the youth lives. The child must generally reside in the state for six months for the Court to have jurisdiction to listen to a petition for Massachusetts Guardianships. If the child lives outside of Massachusetts, the petition for Massachusetts Guardianships must be filed in the state or country where the youth lives. 

 

 

The necessary documents required to file a petition for Massachusetts Guardianships can be found on the trial court’s webpage, located here. 

 

 

How Much Does it Cost to Petition for a Massachusetts Guardianship?

 

 

There are no filing fees for a petition of a MA Guardianship. The petitioner is required—according to MA Guardianships–to pay for the cost providing notice to the birth parents and other interested persons. Moreover, MA Guardianships require a $50 filing fee for a bond with sureties. The Massachusetts state court will typically not require a bond with sureties. Prospective Massachusetts Guardianships who cannot afford to satisfy said fees may ask the Court to waive these charges.

 

 

When does a Massachusetts Guardianship End?

 

 

Massachusetts Guardianships typically end when the youth reaches the age of 18 or when the child is adopted, marriages or when a judge determines that the Massachusetts guardianship is deemed no longer necessary. MA guardianships may also resign with permission of the Court. State courts may also remove the MA guardianship at the request of another party or on its own initiative.

 

 

 

 

Quick Guide to NE Guardianship 

 

 

Nebraska Guardianship Laws

 

 

The majority of laws addressing Nebraska guardianships are located in §30-2601 – 2661 of the state’s revised statutes.  These laws on NE guardianship will prove helpful, but the majority of information within this article is referenced form the following website under the state’s Judicial Branch: 

 

 

Requirements for Nebraska Guardianships

 

 

In order to file for Nebraska guardianship, a person over the age of 18 must make sure to submit multiple documents and fully qualify.  Procedures for Nebraska guardianships are extensive compared to some states, and the state will usually give preference to family members and other peers before anyone else in a NE guardianship. 

 

 

According to state law and the Judicial Branch, the following documents are required for Nebraska guardianships: 

 

 

1. A credit report from a credit reporting agency/business

 

 

2. An affidavit of Sex Offender Registry Search, and the registry can be found at the following link: https://www.nsp.state.ne.us/sor/find.cfm.  If the Nebraska guardianship is for a guardian out of state, the applicant should use their home state’s registry. 

 

 

3. A criminal history check and a Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.

 

 

4. An Abuse, Neglect Registry check and clearance

 

 

All of the forms listed above must be submitted to the court 10 days before the Nebraska guardianship is approved.  Additionally, Nebraska guardianships often require educational classes before the person is appointed as guardian.  For more information, visit the information provided by the Judicial Branch.

 

 

How do I initially file for NE Guardianship?

 

 

In order to file for Nebraska guardianship, an applicant must submit a petition to their local county court before a trial is set up.  Complete information about all clerk magistrates in the state is listed here, and if you have questions about the Nebraska guardianship, you can contact the clerks with questions. 

 

 

What Responsibilities come with a NE Guardianship?

 

 

A person has numerous responsibilities within a Nebraska guardianship.  Apart from the responsibilities before the NE guardianship becomes official, a guardian will have to file their Order of Appointment and almost always submit an annual report.

 

 

An Order of Appointment for Nebraska guardianships is an oath the guardian takes after receiving NE guardianship rights.  The Order must be sent to all individuals who received a copy of the petition for the Nebraska guardianship.  

 

 

Additionally, an annual report for Nebraska guardianships usually requires the following information: 

 

 

• description of the current health of the ward and the following;

 

 

• living arrangements within the Nebraska guardianship

 

 

• medical, educational, vocational, and other services provided to the ward

 

 

• summary of your visits during the NE guardianship 

 

 

• statement of whether you agree with the current plan

 

 

• the need for extended Nebraska guardianship

 

 

• other information the court may find useful

 

 

• the compensation you requested for the NE guardianship, and other expenses you incurred

 

 

If guardians fail to meet their responsibilities or the court determines the ward can now take care of themselves, Nebraska guardianships may be terminated.  

 

 

 

 

What are Idaho Guardianship laws?

 

 

Idaho guardians of minor children are appointed by the state courts to care for children or the children’s assets. Any individual who is not an adoptive or biological parent or who does not have a child custody order filed against them may require a guardianship to care for the children, authorize medical care and enroll them in school. Idaho Guardians can include grandparents or any other close relatives. If the prospective child has substantial assets (over $5,000 as determined by Idaho Guardianship Laws) from working, inheritance, gifts etc., the Idaho guardian is awarded authorization to handle the youth’s state.

 

 

Idaho Guardianship Law: How is a Guardian Appointed?

 

 

Idaho guardianship laws permit courts to appoint Idaho guardians for unmarried minor children when parental rights of the biological Barents are terminated or when the child has been abused, neglected or abandoned. Moreover, Idaho guardianship laws permit courts to appoint an Idaho guardianship when the child’s biological parents are deemed financially, emotionally or mentally ill-equipped to care for the minor child. According to Idaho Guardianship law, abandonment refers to failing to care for or support the minor child for at least six months.  

 

 

ID Guardianship Law: How does the State Choose a Guardian?

 

 

ID Guardianship laws specifically state that advanced disabilities or age will not be weighed or viewed as a reason to refuse an Idaho guardianship so long as the potential Idaho guardianship can adequately care for the minor child. According to ID Guardianship law, a fit Idaho guardian who is named as guardian in a parent’s will possesses authority over others unless the Idaho guardian fails to accept the appointment within 30 days of the notice of an Idaho guardianship proceeding. 

 

 

Idaho Guardianship Law: Child Protective Act

 

 

The Child Protective Act is one of the most fundamental aspects of Idaho Guardianship Laws.  This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. An Idaho guardianship—according to ID guardianship   law—may be terminated if/when the child no longer needs a guardianship or the guardian is no longer able to care for the child. 

 

 

Idaho guardianship law declares that a child no longer needs an Idaho guardian when he/she turns 18 years of age, dies, marries, is adopted or is placed with another guardian or his/her biological parents. ID Guardianship laws are instituted and maintained by the state’s Department of Health and Welfare; this department will act as an interested party to any Guardianship proceedings involving minor children who are subject to the state’s Child Protective Act. In these cases, the Idaho Department of Health and Welfare will serve the court with all necessary documents to uphold Idaho Guardianship laws. 

 

 

Idaho Guardianship Law: How does the State Terminate a Guardianship?

 

 

According to Idaho Guardianship law, the court may end a Guardianship if the Idaho guardian fails to provide adequate care for the child. The Guardianship will also be terminated when the youth no longer needs a guardian or the guardian is no longer to provide the child with suitable care. 

 

 

If the Idaho guardian is not incapacitated, but wants to terminate the Guardianship, he or she—according to Idaho Guardianship laws—must petition the court and permit new guardians to be appointed. During this time, the Idaho Guardianship is still responsible for the minor child. If the Idaho Guardianship only applies to the minor child’s assets, the Idaho Guardianship will end if the child’s assets no longer belong to the youth. 

 

 

 

Quick Guide to Guardianships in MS

 

 

Mississippi Guardianship

 

 

Most laws concerning Mississippi guardianship are located in Chapter 13 of the state’s revised code.  For a complete listing of all Mississippi guardianship laws, visit the searchable code under the state’s judiciary.  

 

 

If you are thinking about becoming certified for Mississippi guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Mississippi Guardianships

 

 

Any U.S. citizen in the state of Mississippi can qualify for MS guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a state citizen for MS guardianship, but a court will consider electing a nonresident if the action meets the best interests of the ward  

 

 

If the Mississippi guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified for the MS guardianship.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given for another MS guardianship.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What are Specific Responsibilities within a MS Guardianship?

 

 

Mississippi guardianships require all of the following duties unless the type of MS guardianship is limited or instituted for the estate of the ward: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Mississippi guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement assists the ward more than the last living arrangement 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

The Mississippi guardianship may require the above responsibilities permanently if the ward is incapacitated for the rest of their life.  If the court awards temporary Mississippi guardianships, the responsibilities will end, for example, when the child turns 18.  

 

 

How do I file for a Mississippi Guardianships?

 

 

In order to file for Mississippi guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Mississippi guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  

 

 

 

 

Quick Guide to Iowa Guardianships

 

 

Iowa Guardianship

 

 

Most laws concerning Iowa guardianships are located in Iowa Code Chapter 633.557.  For a complete listing of all Iowa guardianship laws, visit the updated searchable code under the Iowa Legislature.  

 

 

The majority of the information about an IA guardianship within this article is found under the Iowa State Association of Counties (ISAC).  For information to expand on this article.

 

 

Eligibility Factors for IA Guardianship

 

 

Any U.S. citizen in the state of Iowa can qualify for an IA guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of Iowa, but a court will consider a nonresident if the circumstances are right.  

 

 

If the Iowa guardianship involves a minor child, immediate preference is given to the parent unless the court appoints another person who is more qualified.  Iowa Codes 633.559 and Iowa Code 633.571 discuss Iowa guardianships involving minor children.  

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Nonprofit regulations are covered in Iowa Code 633.63-64.  

 

 

What Iowa Guardianships are issued by the Court?

 

 

A court will establish an Iowa guardianship in three different ways:  

 

 

Limited Guardianship

 

 

The court will determine if a limited IA guardianship is necessary and appropriate while first establishing the guardianship, making modifications, or terminating the responsibilities all together.  The limited functions of such an Iowa guardianship are covered in Iowa Code 633.635.  

 

 

Stand-by Guardianship

 

 

These Iowa guardianships are rare.  They can only occur in certain circumstances, and a court must establish this type of IA guardianship as well.  

 

 

Temporary Guardianship

 

 

This type of IA guardianship is covered under Iowa Code 633.558 and only lasts for a specific period of time (e.g. When a minor turns 18).  

 

 

What are Specific Responsibilities of a Guardian?

 

 

Iowa guardianships require all of the following duties: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Iowa guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement restrict the ward’s liberties more 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

How do I file for an Iowa Guardianship?

 

 

In order to file for Iowa guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianships is in the best interests of the ward.  In order to find contact information and more valuable information about your local county court, call the ISAC at (515) 244-7181. 

 

 

 

 

A brief guide to North Dakota guardianship

 

 

Children who have no one to care for them, as well as mentally or physically incapacitated adults, require care from responsible adults. While custodians look after such people's finances, North Dakota guardianships are appointed to ensure that their physical and mental wellbeing is also being looked after. This position entails a great deal of responsibility and is not to be undertaken lightly. Additionally, obtaining a North Dakota guardianship is a lengthy process with many steps.

 

 

It is advisable to create a living will documenting your wishes on this subject. A person who has been named in this document as your preferred choice for a North Dakota guardianship in case of injury will be given preference when this position is being considered. If no living will has been created, the court system will consider several alternatives. An adult child, parent or relative with whom a person has lived for at least six months prior to any accident is also eligible for North Dakota guardianships. Parents who are relinquishing custody of their child will have their wishes regarding this position given priority.

 

 

Regardless of the person who is seeking a North Dakota guardianship, they must pursue this position through the court system. The legal system will begin considering the situation when a petition is filed by the person who wishes to be appointed. A doctor will examine the person who requires care from someone appointed to a North Dakota guardianship and issue a report detailing their needs. Before hearing any case, a judge will review this document and make it the foundation of their decision.

 

 

In court, the person needing care will be represented by an "attorney ad litem." This lawyer's job will be to ensure that any North Dakota guardianships which are appointed are in their client's best interests. Among other things, this means that a person appointed to this position must be patient and capable of devoting as much time and energy as necessary to their ward's needs. In cases where North Dakota guardianships are being considered for a child, it is vital that any person who is appointed be on good terms with the minor and able to communicate with them.

 

 

Should you be appointed to this position, you have the right to receive an inventory from your ward's custodian of all their financial and property resources. People who are appointed to North Dakota guardianships may also take on this role if they feel they are capable of executing both positions. You will be required to submit regular reports to the court regarding any developments in the health of the person in your care.

 

 

Successfully being appointed to a North Dakota guardianship will involve many interactions with the legal system. In addition, it may require a significant financial commitment on your part. When seeking North Dakota guardianships, it is advisable to consult with a lawyer who can help you to understand what kind of timeline you can expect from the law's handling of your case.

 

 

 

A Quick Guide to Texas Guardianship 

 

 

Texas Guardianships and the Law

 

 

Texas guardianship is offered to a court-administered person in order to take care of a minor or incapacitated person or their property.  The incapacitated person is referred to as the ward, and there are two different kinds of Texas guardianship.  

 

 

Under Texas law, a person who takes care of a minor or other person is called the guardian of the person and person who takes care of property is call the guardian of the estate.  In order to maintain Texas guardianships, the minor must be under the age of 18, must not be married, or has not had their minor status or disability removed by the court.  

 

 

In order to take care of an adult under Texas guardianship laws, the person must have a physical or mental condition that prohibits or greatly restricts them from providing food, clothing, and shelter for themselves.  If you need more information on Texas guardianship, you can find more information about who will qualify for guardianship and the procedure in TX.  

 

 

Who will be appointed guardian in Texas?

 

 

Texas guardianships are provided to people in a top-down approach because the court will give preference to family before anyone else.  If the ward is a minor, the court will guardianship in the following order: 

 

 

1. parents

 

 

2. a person the last surviving parent designates for guardianship 

 

 

3. the nearest ascendant to the child after the parents (usually grandparents or aunts and uncles) 

 

 

4. kin

 

 

5. a non-relative that the court determines will satisfy as an appropriate guardian 

 

 

If the ward is an adult, Texas guardianship will be granted in the following order: 

 

 

 

1. the person designated by the ward prior to the incapacity to have Texas guardianship 

 

 

2. the ward’s spouse

 

 

3. next of kin 

 

 

4. a non-relative 

 

 

If more than one person qualifies for Texas guardianships, the court will decide who meets the most qualifications.  

 

 

The Texas Guardianship Process

 

 

The state is very strict when determining Texas guardianships.  The state will usually recommend that a party hire a family law attorney in order to help them with the Texas guardianship process because it is often very complicated. 

 

 

Some general steps are listed below, and you should ask a lawyer for any other steps you should take: 

 

 

1. The incapacity of the person must be proved unless the part is a minor.  In order to prove incapacity, the court must usually obtain certificate form a doctor who examined the person.  

 

 

2. After incapacity is determined, Texas guardianships are then started with the filing of a certificate that can be both long and detailed.  You should always have a lawyer help with the certificate, and this form must usually be filled out 120 days after the application for guardianship was filed.  

 

 

3. After the certificate has been submitted, an attorney ad litem will be assigned to the incapacitated person in order to protect their civil rights and establish specific rights under the Texas guardianship.  

 

 

4. If Texas guardianships are approved, Letters of Guardianship are issued on the ward and will expire in 16 months unless the guardian renews the letters.  

 

 

 

 

Michigan Guardianship Law and Procedure 

 

 

Michigan Guardianship Law

 

 

General Michigan guardianships are described under the MI Constitution in section 700.5204.  The statutes states:

 

 

“A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian of the minor.  The court may order the Department of Human Services or a court employee or agent of the court to conduct an investigation of the proposed guardianship and file a written report of the investigation.”

 

 

Of course, Michigan guardianship is offered for the protection and guidance of an estate if the ward is older, but for the sake of convenience, this article will mainly cover law and procedure for the appointment of a guardian for a minor.  For more information, visit the link. 

 

 

Establishing Michigan Guardianships

 

 

The state will normally give preference to relatives, a parent, or friends of the Department of Human Services caseworkers when parental rights have been terminated by the court or the parent allows the minor to live with another person voluntarily.  

 

 

The court never allows a person or family with a criminal background to have guardianship rights, and individuals who show a weak financial history will not be considered either.  However, in order for a qualified person or family to file for Michigan guardianship, they must take a variety of steps.  

 

 

Filing the Petition

 

 

A prospective guardian must first file a petition to the Department of Human Services describing why they believe they are the best guardian for the child, financial information and more.  After the petition is filed, the court may grant temporary guardianship to a qualified individual for more than 60 days before the court hearing.  

 

 

In this waiting period, a social services worker will conduct a home study that will look into the best interests of the minor under Section 15.12 of the Michigan Child Welfare Act.  Also, the individual or family seeking Michigan guardianships needs to establish a placement plan.  The court will review this plan to establish the Michigan guardianship, and factors of such a document can be found under 15.5.2 of the MI Child Welfare Act.  

 

 

Court Review

 

 

During court reviews of Michigan guardianships, the court will examine the placement plan, any court structured plans, and more.  Ultimately, the court wants to determine if the individual seeking a Michigan guardianship can provide for the minor for an extended period of time and whether the placement is best for the child.  

 

 

If Michigan guardianships are approved by the court, the minor will live with the guardian for any period of time depending on whether the guardianship is temporary or permanent.  

 

 

Termination of the Michigan Guardianship

 

 

Procedures and determinations for the termination of Michigan guardianships are described in Section 15.10 of the Michigan Child Welfare Act.  Some examples include the parents again qualifying for custodial rights with approval of the court, or the child turning 18 and having the right to make decisions on their own.