Michigan Temporary Guardianship Agreement

State:
Multi-State
Control #:
US-01975BG
Format:
Word
Instant download

Description

A temporary guardianship involves a document in which a parent grants temporary custody of his or child to another person or institution. Temporary guardianship occurs when an adult takes legal responsibility for a minor child who is not his or her own. In order for guardianship to be considered temporary, the adult must be legally responsible for the child for less than six months in some states. Temporary guardianship may be established without going to court. A child's parent may sign an agreement naming another adult as his or her child's temporary guardian. For example, a parent who is going on active duty in the military, or who will be stationed for a short period of time overseas, may choose to sign an agreement naming a grandparent, relative, or family friend temporary guardian of his or her child. Because a temporary guardian isn't permanently responsible for the child in his or her care and was not ordered by a court to be a guardian, doctors may refuse to treat the child and schools may refuse to admit the child to classes without a parent's consent. For this reason, some states have enacted a law that allows schools and medical providers to accept a Caregiver's Authorization Affidavit from a temporary guardian. This allows the temporary guardian to take full responsibility for a child.

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FAQ

? Plenary guardian means a guardian who. possesses the legal rights and powers of a full guardian of the person, or of the estate, or both.

(3) A temporary guardian is entitled to the care and custody of the ward, and the authority of a permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. A temporary guardian may be removed at any time.

How a Guardian is Appointed. A guardian is appointed by the probate court at the request of a concerned person (petitioner) and after a hearing is held to consider the request. To make a request to the court, a concerned person must file a request on a legal document called a petition.

Guardianship is a court order that allows one person to make decisions for another person. There are two types of adult guardianships in Michigan. The first is for persons described as ?legally incapacitated individuals? and the other is specifically for people with intellectual or developmental disabilities.

The type of guardian the court will appoint depends on a variety of factors, including on the needs of the child and the child's family situation. A guardian can either be a guardian of the person or a guardian of the estate.

Limited Guardian of Minor - This guardian has the care and control of the minor. However, this guardianship differs from a regular guardianship in that the guardian can not consent to the marriage of the minor, the adoption of the minor or the release of the minor for adoption.

Michigan law allows a judge to appoint a ?guardian? of an adult in certain situations where help is needed. A court-appointed guardian can make decisions for the person who needs help. The judge will determine what decisions the guardian can make.

If an emergency exists, the Judge may appoint a temporary guardian at a hearing. A letter from a doctor or social worker may be required to explain the nature of the emergency. Please note that a second hearing is required.

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Michigan Temporary Guardianship Agreement