How To Terminate Guardianship In Michigan

A Guardianship allows a person to make medical and placement decisions for another person who is unable to make those decisions (the ward). Guardianship is most often used when a person has lost his or her ability to make decisions because of age or incapacity.

A temporary guardianship can only last up to six months. Any person who has an interest in the welfare of a minor, including the minor if 14 years of age, may file a petition with the court for appointment of a guardian for a minor.

Upon attaining the age of 18, if the child can maintain himself, the court may allow the removal of a guardian who was appointed to take his care or his property.

The Court may appoint an emergency guardian when it appears that an individual lacks capacity, is in need of a guardian, and failure to make such an appointment will result in irreparable harm to the person and/or estate of the alleged incapacitated person (note the term incompetent is no longer used in guardianship

Ask the Court to Undo the Guardianship & Start Over. A person can file a Motion to Set Aside the Order if the guardianship order is wrong or unjust. Ask the Court to Remove and Replace the Guardian. Ask the Court to End the Guardianship.

A guardian may request court approval of the guardian's resignation by submitting a petition and filing a report with the court. On approval of the report and acceptance of the resignation, the court has authority to make other appropriate orders, including termination of the guardianship.

In a Michigan guardianship proceeding, the probate court appoints a person to make necessary decisions for a legally incapacitated individual.

Specific advantages include: Security Once you are named as guardian, you can be confident that you will be able to provide care for your ward for years to come. Legal Rights You will have the legal right to make financial, medical, and other decisions on behalf of your ward (in most cases).

One form of temporary guardianship is the emergency guardianship. This guardianship is generally granted where an emergency exists and someone is needed to give approval for the person to receive immediate services. A temporary guardian is appointed by the court to serve during the emergency only.