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GUARDIANSHIP FOR MINORS

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					GUARDIANSHIP AND ALTERNATIVES FOR MINORS

DEFINITIONS MINOR. Person under 18 years of age. GUARDIAN. Adult with same powers and responsibilities of a parent except:
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Not legally obligated to provide from own funds for minor ward Not liable to third persons by reason of parental relationship for minor’s actions

A. Parental rights of both parents or surviving parent have been terminated or suspended by prior court order, divorce or separate maintenance, death, judicial determination of mental incompetence, disappearance, or confinement in a place of detention, or B. Parent or parents have permitted minor to reside with another person and have not provided other person with legal authority for minor’s care, or C. Minor’s biological parents have never been married to one another, minor’s custodial parent dies or is missing, other parent has not been granted legal custody under court order and person whom petition asks to be appointed guardian is related to minor within fifth degree by marriage, blood or adoption. A LIMITED GUARDIAN for an unmarried minor may be appointed only if: A. Both parents, or parent with legal custody, sign petition, and B. Both parents, or parent with legal custody, consent to guardianship and suspension of parental rights. SUPPORT AND PARENTING TIME In GUARDIANSHIP court may order reasonable support, parenting time and contact between a minor and a minor’s parents. In LIMITED GUARDIANSHIP a Limited Guardianship Placement Plan explaining support and parenting time must be signed

LIMITED GUARDIAN. Adult with same power and authority as a guardian except:
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Cannot give consent for minor ward to be adopted or to marry

TYPES OF MINOR GUARDIANSHIPS There are two types of minor guardianships: 1. Guardianship 2. Limited Guardianship WHERE TO START GUARDIANSHIP File petition for appointment of a guardian with Probate Court in county where minor resides or is present. WHO MAY PETITION For GUARDIANSHIP, any interested person or a minor age 14 years old or older. For LIMITED GUARDIANSHIP, custodial parent. GUARDIANSHIP REQUIREMENTS A GUARDIAN for an unmarried minor may be appointed only if:
OCPC PI 20 (12/03)

by limited guardian and parents or parent with legal custody and approved by judge. HOW TO START A GUARDIANSHIP File with court:

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Petition for Appointment of a Guardian of a Minor, or Petition for Appointment of a Limited Guardian of a Minor, and Filing fee of $150.00 or Affidavit and Order Suspension of fees/costs Additional $20.00 filing fee for an emergency hearing and appointment of temporary guardian or Affidavit and Order Suspension of fees/costs Birth Certificate, Acknowledgment of Paternity, or Order of Filiation Judgment of Divorce or other legal document establishing the custodial parent in a limited guardianship BEFORE HEARING

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Person who has care and custody of minor at time petition filed Parents of minor If neither parent is living, or cannot be located, notice must be given to minor’s nearest relatives Each person who had principle care and custody of minor during sixty days before petition was filed Person nominated as guardian

2. File Proof of Service before the hearing If address of a parent is unknown, petitioner must:
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File an Affidavit in Support of Order for Publication Publish notice once as ordered by court in Oscoda County Herald at least 14 days before hearing Pay newspaper for publication File Proof of Publication before hearing AT HEARING

Court will:
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Require a home investigation Require written report recommendation for or guardianship Schedule a hearing

with against

Hearing will be in the courtroom in front of the judge. Petitioners, proposed guardian, custodial parent in a limited guardianship, and minor must be present in court for hearing. At hearing, petitioner and any other witnesses will be sworn in and their testimony recorded. After everyone has testified, the judge will decide whether to grant or deny petition for guardianship. AFTER HEARING If judge grants guardianship, new guardian must go to Probate Court office to pick up a copy of:
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Court may:
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Appoint guardian ad litem for minor Appoint an attorney for minor

Petitioner must: 1. Serve a copy of Petition and Notice of Hearing by first class mail, at least 14 days before hearing, or by personal service at least 7 days before hearing, on all interested parties, including:
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Minor, if 14 years of age, or older
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Order Regarding Appointment of Guardian/Limited Guardian of Minor Letters of Guardianship

OCPC PI 20 (12/03)

These papers prove that a guardian has been appointed and has authority to act in place of minor’s parent. ANNUAL DUTIES Each year guardian must file with court:
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AFTER TERMINATION HEARING Court may:
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Terminate guardianship if it is in the best interest of the minor Terminate limited guardianship if minor’s parent or parents have substantially complied with limited guardianship placement plan Enter orders to facilitate the reintegration of the minor into the home of the parent for a period of up to six months Terminate and Order Independence Agency to: Supervise transition Provide services for reintegration Family

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Annual Report of Guardian on Condition of Minor Account of Fiduciary, if guardian has control of minor’s money or property TERMINATION OF GUARDIANSHIP

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Guardianship terminates automatically when minor turns 18. Petition for termination may be filed at any time by minor’s parent or parents. Even if a guardianship is terminated, guardian remains liable to account for services provided and disposition of minor’s assets until discharged by the court. BEFORE TERMINATION HEARING Court may:
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Continue the Guardianship for up to one year and order the parents to: Follow court structured plan that enables child to return home Comply with limited guardianship placement plan Comply with court modified limited guardianship placement plan

Order Family Independence Agency or an employee or agent of the court to conduct an investigation and file a written report regarding the best interest of the minor or to testify concerning the investigation Utilize community resources in behavioral sciences and other professions in the investigation and study of the best interest of the minor Appoint a guardian ad litem or attorney to represent the minor Take any other action considered necessary in a particular case

A hearing will be scheduled before the expiration of the period of time for which the guardianship is continued.
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Continue guardianship if continuation would serve best interests of minor and: Minor resided with guardian or limited guardian for at least one year Parents failed to provide care, love, guidance and attention appropriate to child’s age and needs resulting in

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OCPC PI 20 (12/03)

substantial disruption of parent/child relationship
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Refer for child protective proceedings in juvenile court and appoint an attorney or refer to Family Independence Agency to file a complaint ALTERNATIVE TO GUARDIANSHIP FOR A MINOR

A child placed with a person other than a relative under a Parental Power of Attorney does not become a resident of the school district in which the person resides. OBTAINING PARENTAL POWER OF ATTORNEY There is no standard form for a Parental Power of Attorney. A Parental Power of Attorney should be prepared by an attorney after discussion regarding the specific circumstances of minor and minor’s parents. The parent or parents with legal custody must sign the Parental Power of Attorney before two witnesses and a notary public.

Parental Power of Attorney is an alternative to guardianship. It is a legal document that allows a minor’s parent to delegate to another person any of the parent’s powers regarding care, custody or property of the minor except power to consent to marriage or adoption and except power to release minor for adoption. DURATION OF PARENTAL POWER OF ATTORNEY Parental Power of Attorney is good for up to six months. New Parental Power of Attorney may be completed at the end of each six month period. There is no limit to how often a power of attorney may be reissued. EFFECT OF PARENTAL POWER OF ATTORNEY ON SCHOOL ENROLLMENT A child placed with a relative under a Parental Power of Attorney for the purpose of securing a suitable home for the child becomes a resident of the school district in which the relative resides. A child placed under a Parental Power of Attorney for educational purposes does not become a resident of the school district in which the person resides.

MCL 700.1211 Court personnel may provide general information, blank forms, and information concerning the preparation of a form provided by the court. Court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or interested person and shall not complete a form, petition or document for a fiduciary or interested person.

IF YOU HAVE QUESTIONS ABOUT YOUR LEGAL RIGHTS YOU SHOULD CONSULT AN ATTORNEY.

OCPC PI 20 (12/03)


				
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