Under MCL 700.5313, the Court may appoint a guardian if the Court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual. Under MCL 700.1105(a), "Incapacitated individual" means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.
What you need to know before filing a guardianships (PDF)
Any time you are concerned about the welfare of an individual, you may contact the Department of Health and Human Services through their Centralized Intake at 1-855-444-3911.
Per MCL 700.5204(2), the Court may appoint a guardian for an unmarried minor if any of the following situations exist:
- The parental rights of both parents or of the surviving parent have been terminated or suspended by death, disappearance, confinement in a place of detention, judicial determination of mental incompetency, a previous court order other than an order appointing a limited guardian of the minor, or a judgment of divorce or separate maintenance; OR
- The parent(s) have permitted the minor to reside with another person, but have not provided that other person with legal authority for the care and maintenance of the minor, and the minor is not residing with the parent; OR
- The biological parents of the minor were never married to each other, and the custodial parent has died or disappeared, and the other parent has not been granted legal custody by court order. (Under this situation, the proposed guardian must be related to the minor within the fifth degree by marriage, blood, or adoption).
Any time you are concerned about the welfare of a minor, you may contact the Department of Health and Human Services through their Centralized Intake at 1-855-444-3911.
Also, under MCL 700.5205, a custodial parent can petition the Court to have a Limited Guardian appointed for their minor child. In those situations, the parent is voluntarily agreeing to the suspension of parental rights and a Limited Guardianship Placement Plan must be filed.
For more information about the filing procedures for this type of guardianship, please see the Guardianship of a Minor handout.
FOR INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY (DD)
Guardianship for an individual with a developmental disability must be brought under the Mental Health Code, rather than the Estates and Protected Individuals Code. For this type of guardianship, a report containing a current evaluation of the individual’s mental, physical, social, and educational condition, adaptive behavior, and social skills must accompany the petition. The evaluations must have been performed within the last year and one of the individuals who conducted the evaluations must be a physician or psychologist who is competent in evaluating individuals with developmental disabilities. In addition, one of the individuals who completed the report must testify at the court hearing.
For more information regarding this type of proceeding, please contact Summit Pointe and ask for DD Client Services, or visit the Summit Pointe website.
The Court may appoint a conservator, giving them authority and responsibility over the assets and property of another individual.
What you need to know before filing a conservatorship (PDF)