Michigan Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children

State:
Multi-State
Control #:
US-01977BG
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

Full Guardianship of a Minor in Michigan That includes the child, if they are at least 14 years of age. Circumstances in which a full guardian might be appointed include a suspension or termination of parental rights due to: Death of the child's parents.

Every year that the guardianship continues, the guardian must file with the Probate Court the Annual Report on Condition of Minor (PC 654) which updates the Probate Court on the condition of the minor. This form must be filed each year on the anniversary date of the issuance of the Letters of Guardianship.

722.1555 Temporary delegation of parental power; limitations; revocation or withdrawal. Sec. 5. (1) By a properly executed power of attorney, a parent or guardian of a minor child may temporarily delegate to another person his or her powers regarding care, custody, or property of the minor child under this act.

The Probate Court can appoint a temporary guardian through application if the following are met: A guardianship has not been established in Michigan. The proposed guardian files an Application and order for Appointment of Out-of-State Guardian of a minor (PC 684).

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.

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.

Any competent person may be appointed as a guardian. The person must be over age 18, suitable, and willing to serve.

In Michigan, this is entirely dependent on how the guardianship is set up. Full or permanent guardianships do override parental rights, as one of the requirements to implement these in the first place is the forfeiture of parental rights.

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Michigan Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children