Michigan Compiled Laws
386-1998-V-2 - Part 2 Guardians of Minors (700.5201...700.5219)
Section 700.5204 - Court Appointment of Guardian of Minor; Conditions for Appointment.

Sec. 5204.
(1) 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 for the minor. The court may order the family independence agency or a court employee or agent to conduct an investigation of the proposed guardianship and file a written report of the investigation.
(2) The court may appoint a guardian for an unmarried minor if any of the following circumstances exist:
(a) The parental rights of both parents or the surviving parent are terminated or suspended by prior court order, by judgment of divorce or separate maintenance, by death, by judicial determination of mental incompetency, by disappearance, or by confinement in a place of detention.
(b) The parent or parents permit the minor to reside with another person and do not provide the other person with legal authority for the minor's care and maintenance, and the minor is not residing with his or her parent or parents when the petition is filed.
(c) All of the following:
(i) The minor's biological parents have never been married to one another.
(ii) The minor's parent who has custody of the minor dies or is missing and the other parent has not been granted legal custody under court order.
(iii) The person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.
(3) A minor's limited guardian may petition to be appointed a guardian for that minor, except that the petition shall not be based upon suspension of parental rights by the order that appointed that person the limited guardian for that minor.
(4) A guardian appointed under section 5202 whose appointment is not prevented or nullified under section 5203 has priority over a guardian who may be appointed by the court. The court may proceed with an appointment upon a finding that a guardian appointed in a manner described in section 5202 has failed to accept the appointment within 28 days after the notice of the guardianship proceeding.
(5) For the minor ward's welfare, the court may at any time order the minor ward's parents to pay reasonable support and order reasonable parenting time and contact of the minor ward with his or her parents.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005 Popular Name: EPIC

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 700 - Estates and Protected Individuals Code

Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)

Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520)

386-1998-V-2 - Part 2 Guardians of Minors (700.5201...700.5219)

Section 700.5201 - Appointment and Status of Guardians of Minor.

Section 700.5202 - Parental Appointment of Guardian for Minor.

Section 700.5202a - Appointment of Guardian in Another State as Temporary Guardian.

Section 700.5203 - Objection by Minor of 14 Years or Older to Parental Appointment.

Section 700.5204 - Court Appointment of Guardian of Minor; Conditions for Appointment.

Section 700.5205 - Court Appointment of Limited Guardian; Requirements.

Section 700.5206 - Review Modification of Plan; Powers and Duties of Limited Guardian.

Section 700.5207 - Review of Guardianship of Minor.

Section 700.5208 - Petition to Terminate Guardianship of Minor.

Section 700.5209 - Court Action on Petition to Terminate Guardianship of Minor.

Section 700.5210 - Order for Termination of Guardianship of Minor.

Section 700.5211 - Venue.

Section 700.5212 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee.

Section 700.5213 - Procedure for Court Appointment of Guardian, Temporary Guardian, or Lawyer-Guardian Ad Litem for Minor.

Section 700.5214 - Consent to Service by Acceptance of Appointment; Notice.

Section 700.5215 - Powers and Duties of Guardian of Minor.

Section 700.5216 - Compensation; Claim for Burial Expense.

Section 700.5217 - Termination of Appointment of Guardian.

Section 700.5218 - Proceedings Subsequent to Appointment; Venue.

Section 700.5219 - Resignation, Removal, and Other Post-Appointment Proceedings.