When one individual is appointed as a guardian due to a compelling circumstance or condition, this is a concept of guardianship. Does guardianship terminate when the child turns 18? Grandparents may be granted guardianship by a parent, for instance, in circumstances when the parent travels frequently. If a parent is unable to be there physically to care for the child, a grandmother may act as guardian.
Click here to watch the video Does Guardianship Terminate When the Child Turns 18 in Michigan?
Typically, guardianship ends when a child turns 18 years old. In certain situations, such as when a child has a handicap, a substance use disease, or is unable of caring for himself, the guardianship may continue to remain in place after the age of 18.
What is Guardianship?
A guardian is a person chosen to represent another person in court (called the ward). Guardianship is the judicial process. When a court grants a guardian authority, it also denies the person those same rights. A guardianship can only be ended once it has been established by a judicial order.
Guardianship should only be used in extreme cases because it denies someone the right to support and accommodations. Removing someone’s rights increases their vulnerability, not decreases it. Therefore, it’s crucial to consider other options.
Legal guardianship of children, or the custody of a child by someone who is not their parent, is permitted in the state of Michigan. In the case the ward’s parents are unable to care for them, the guardian is in charge of meeting their ward’s immediate and long-term requirements, including shelter, education, food, and clothes. Various factors, such as incarceration or abandonment, may cause this.
The court will appoint guardians. A petition, a will, or any written instrument that has been signed by the parent and at least two additional witnesses can be used to nominate potential guardians. In specific situations, a person can also apply for complete guardianship of a minor.
A guardian must apply to the probate court for custody of a minor; the court will decide whether to award it or not depending on what it considers to be in the child’s best interests. Full and limited guardianships are both subject to termination by the court at the request of the child’s parents or the child himself in Michigan.
What Are the Types of Guardianship for Minors?
When parents are unable to care for their children because of illness, incarceration, or other reasons, Michigan law allows for legal guardianship. It grants a person legal rights for the care of their child and enables them to designate family members or other interested parties as the caretakers for their children.
There are a lot of types of guardianship, but guardianship for minors has three types:
[ a ] Full Guardianship
Anyone concerned for a minor’s welfare or a minor who is 14 years old or older may file a petition in the county where the minor resides or is present to request the appointment of a guardian on their behalf. The probate court may appoint a guardian for an unmarried minor if any of the following circumstances exist:
[ i ] A prior court order, a divorce or a decision of separate maintenance, a death, a finding of mental incompetency by a judge, a disappearance, or confinement in a detention facility will all result in the termination or suspension of both parents or the surviving parent’s parental rights.
[ ii ] When the petition is filed, the minor is not living with his or her parents and the parent or parents have allowed the minor to live with someone else without giving that person legal custody or responsibility for the minor’s care and maintenance.
[ iii ] The person who the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption. The biological parents of the minor have never been married to each other. The minor’s parent who has custody of the minor dies or goes missing. No court order has granted legal possession to the other parent.
The family independence agency, a court employee, or another agent may be instructed by the court to look into the proposed guardianship and submit a written report of their findings. Additionally, the court may require appropriate support payments from the minor ward’s parents at any time, as well as reasonable parenting time and contact between the minor ward and his or her parents, all for the benefit of the minor.
Following a hearing, the court must appoint the person if it determines such a person is qualified, the appointment will benefit the minor’s welfare, the venue is appropriate, the necessary notices have been made, and the legal conditions for full guardianship have been met. If not, the court may dismiss the case or find a different solution that will be in the minor’s best interests.
[ b ] Limited Guardianship
In the county where the minor lives or is present at the time of filing, an interested party may submit a limited guardianship petition. If all of the following conditions are satisfied, the probate court may, upon the petition of the minor’s parent or parents, appoint a limited guardian for the unmarried minor:
[ i ] The appointment of a limited guardian is approved by the parents who have custody of the minor or, if there is only one parent who has custody of the minor, by that parent alone.
[ ii ] The parent or parents willingly agree to have their parental rights suspended.
[ iii ] The following parties agree on a restricted guardianship placement plan, which the court approves:
- [ + ] The minor’s parents, or the only parent if there is only one parent with custody, are those who have legal custody of the child.
- [ + ] The person or people who will be chosen by the court to serve as the minor’s limited guardian.
To be placed in a limited guardianship and to take part in a limited guardianship placement plan, a child must have the parent’s permission. This placement plan shall set forth the grounds for requesting a limited guardianship, the period of the limited guardianship, the terms for parenting time and child support, and any additional terms that the parties agree the parents shall abide by. A parent whose consent was obtained for the placement plan may have their parental rights terminated by the probate court if they substantially violate the plan without justification.
Following a hearing, the court must appoint the person if it determines that person is qualified, the appointment will benefit the minor’s welfare, the venue is appropriate, the necessary notices have been made, and the legal requirements for a limited guardianship have been met. If not, the court may dismiss the case or find a different solution that will be in the minor’s best interests.
[ c ] Temporary Guardianship
The probate court may appoint a temporary guardian with the status of an ordinary guardian of a minor once a petition for full guardianship or limited guardianship of a minor is filed, but the temporary guardian’s authority may not exceed six months.
The courts may appoint a temporary guardian for a period of six months in situations where a minor’s safety is in danger and need immediate protection. Unless otherwise limited by the court, the temporary guardian has all the rights and obligations of a full guardian during this time.
When decisions about a child’s health or welfare must be made right away, or when the child needs to be placed, it may be essential to appoint a temporary guardian while waiting for the results of a complete hearing on a guardianship petition. To appoint a temporary guardian, the court must hold a hearing and hear testimony.
Why Would You Need Guardianship?
There may be circumstances where a guardianship application for a minor should be made before the probate court. The parents may have abandoned their child with a friend or family member without any intention of coming back or with no legal right to make choices regarding the child’s welfare, such as through a power of attorney. The child may also be at risk from the parents’ damaging, negligent, or immoral behavior. Until the birth parents can take over again, someone can apply to be appointed as the child’s legal guardian for the child’s safety.
A guardianship is by definition a temporary arrangement because it does not nullify a child’s parental rights under the law. While suspending the birth parents’ authority, it does give the prospective guardian several rights and obligations surrounding the upkeep and care of the child.
What Is the Guardian Authorized to Do?
The guardian of a minor has the same rights and obligations as a parent who is not deprived of custody of the parent’s minor and unemancipated child, with the exception that the guardian is not required by law to support the ward with their own money and is not responsible to third parties for the actions of the ward because of their parental relationship. A guardian is vested with the following authority and obligations:
[ a ] A ward’s personal belongings must be handled with reasonable care by the guardian, and if necessary, a protective process must be started to safeguard the ward’s other property.
[ b ] The guardian may receive funds made available for the ward’s maintenance to the ward’s parent, guardian, or custodian pursuant to the conditions of a private contract, devise, trust, conservatorship, or custodianship, or under the rules of a statutory benefit or insurance system. Unless a conservator is appointed for the ward’s estate, in which case the excess shall be given over to the conservator at least annually, the guardian shall take reasonable care to save any excess for the ward’s future needs. The guardian is not permitted to utilize that money or property as payment for their services unless specifically authorized by a court order or as determined by a conservator who has been legally appointed but is not the guardian. A guardian has the right to bring legal action to compel someone to carry out their obligation to care for their ward or to make a financial contribution to their welfare.
[ c ] The guardian must support the ward’s educational, social, and other activities and must approve any professional medical or other care, treatment, or guidance. Unless it would have been against the law for a parent to have consented, a guardian is not accountable due to this permission for harm to the ward caused by the negligence or actions of third parties.
[ d ] The guardian may approve the marriage of a minor ward.
[ e ] A guardian may, under certain circumstances, approve the marriage, adoption, or release of a minor ward for adoption (unless this is a limited guardianship)
[ f ] As requested by the court on the petition of a person concerned for the welfare of the juvenile or when required by court regulation, a guardian is required to report the condition of the ward and of the ward’s estate that is under their ownership or control. The report must include information about the ward’s status, any medical or mental health treatment or care the ward received, and any justifications, if any, for keeping the guardianship in place.
[ g ] The guardian is required to notify the court of the ward’s new address within 14 days of a change in the ward’s domicile.
Does Guardianship Terminate When the Child Turns 18 Years of Age?
In the eyes of the law, a person is considered to be a competent adult and free to make any decisions, good or bad, once they turn 18. They can continue to exercise this privilege until they die or a judge rules that they are no longer competent.
Until they are fired or pass away, the guardian has legal control over the child. Likewise, the guardianship is revoked in the event that the minor child dies, weds, is adopted, or reaches the age of majority.
The Age of Majority Act established the age of 18 as the threshold for becoming an adult for the majority of purposes.
Nevertheless, other ages may be significant depending on the legal difficulties at hand. For instance, a person in Michigan is legally deemed an adult for criminal law reasons when they become 17 years old. Therefore, rather than being tried in family court, a 17-year-old who is suspected of a crime will be tried as an adult in either district or circuit court. The legal drinking age is 21 in Michigan, too, according to the state constitution. In addition, you are an adult by law if you have been emancipated.
A child between the ages of 16 and 18 can become legally independent from their parents or other legal guardians through the process of emancipation.
Even if your child has a disability, you are no longer his or her legal guardian beyond the age of 18. All individuals who are 18 years of age or older are assumed competent under the law, which means they are able to make decisions regarding their health, finances, and other significant areas of their lives.
Competency in the context of health care implies the capacity to give “informed consent” for medical treatment or the capacity to comprehend all the advantages and disadvantages of that treatment.
To answer the question, does guardianship terminate when the child turns 18?
In Michigan, the answer is yes.
If you believe your adult child is unable to give informed consent, you might want to think about applying for guardianship so you can help and protect him or her when receiving medical treatment.
In case you want to read about a related article on guardianship, we posted one article, “How To Transfer Guardianship of a Minor Between States” which discusses the nuances of moving your ward across state lines for special care or change of domicile.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.