Creating and/or Terminating a Limited Guardianship
What is a Limited Guardianship and how is it created?
A limited guardianship is one that is formed under MCL 700.5205, and is really a formalized consent arrangement. A limited guardianship can only be established when the parent(s) with custody agree, the proposed guardian agrees, and the court agrees. A limited guardian has all the powers of a full guardian, “except that a minor’s limited guardian shall not consent to marriage or adoption of the minor ward or to the release of the minor ward for adoption.” The most common reason for a limited guardianship is to provide health insurance for the minor child.
The guardianship plan will set out a specific arrangement for parenting time and support of the child during the guardianship. The guardianship should also state a time or reason why the guardianship will end. If the parent(s) fails, without good cause, to follow the plan, his or her parental rights may be terminated by court proceeding.
Only hire a skilled and knowledgeable advocate when considering if a Limited Guardianship is right for you and your child. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
What is required to form a limited guardianship?
- The parent(s) with custody must consent. If only one parent consents, that parent must have sole custody, not joint physical and/ or legal.
- The parent(s) consent to the suspension of their parental rights is voluntarily
- The potential limited guardian accepts his or her role as the limited guardian of the minor.
- The court approves the limited guardianship placement plan.
How do you terminate a Limited Guardianship?
Termination of a Limited Guardianship occurs in two instances and concerns whether the parent(s) have substantially complied with the guardianship plan. In the first instance, a limited guardian can seek greater custody on its’ Motion, and if the parent(s) have not complied. Under certain conditions this will terminate the parent(s) rights after a juvenile court proceeding. The second instance is when a parent requests the guardianship to end, again the result hinges on whether or not the parent(s) have substantially complied with the guardianship plan. Therefore a key role of the attorney with regards to developing a limited guardianship cases is to draw up a detailed, specific placement plan.