Michigan Minor Guardianship Clearance Request

State:
Michigan
Control #:
MI-MCB-42
Format:
PDF
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Description

Minor Guardianship Clearance Request

Michigan Minor Guardianship Clearance Request is a form that is used in the state of Michigan to request a clearance that will allow a minor to be placed in the guardianship of another person or entity. It is a legal document that must be completed and submitted to the court for review and approval. There are two types of Michigan Minor Guardianship Clearance Request: 1) Adoption and 2) Legal Guardianship. Adoption is the process of legally transferring parental rights from one person to another, while Legal Guardianship is the process of granting an adult the legal authority to care for a minor child. The Michigan Minor Guardianship Clearance Request must be completed and submitted to the court to be approved before any guardianship can be granted.

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FAQ

To the extent a guardian of a legally incapacitated individual is granted powers by the court under section 5306, the guardian is responsible for the ward's care, custody, and control, but is not liable to third persons because of that responsibility for the ward's acts.

The filing fee for a Guardianship is $175.00 per Petition plus $12.00 for certified Letters of Guardianship. If you are filing for two people, such as both parents, it will cost $350.00 plus $24.00 for the certified copies. If you cannot afford the filing fee, you can ask for a fee waiver.

The parent of an unmarried minor may appoint a guardian for the minor by Will or another writing signed by the parent and attested by at least 2 witnesses. If by Will, the acceptance should be filed where the Will has been probated.

A Michigan probate court can grant a full guardianship of a child to an adult with the interest in the minor's welfare, usually a close relative. A parent, if living and competent to do so, may also consent to a full guardianship of their child.

Filing a Petition for Full Adult Guardianship A judge will appoint a guardian only if the condition of the adult fits specific requirements. The specific conditions that must be met are found in form PC 625, which is available at your local probate court or at .courts.mi.gov/ formssearch.

Juvenile guardianships are intended to be a permanent placement until the age of 18. A juvenile guardian is appointed by the court to act as a legal guardian for a child under section 19a or 19c of chapter XIIA of the probate code, MCL 712A.

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.

A full guardian of a minor in Michigan has the same rights and responsibilities as a parent: care, custody, and control of the minor child.

More info

You can download a copy of the Petition for Guardianship of a Minor here. Macomb County Probate Court Minor Guardianship Clearance Request. 1.All the above forms must be completed prior to filing. 2. This complete packet for Guardianship needs to be filled out as much as possible. The court will accept a current (unexpired) fingerprint clearance card. The Court will provide the correct fingerprint card to you when you file your petition. Annual Report: An Annual Report of Guardian on Condition of Minor is due annually on the date of appointment. At the time of the filing of the Application For Guardianship of the person, or estate of a minor, you need the following: 1. One of the grounds for a guardianship for an unmarried minor must exist in order for the Court to grant the petition for a full guardian. There are two types of guardianships for minors: Full Guardianship and Limited Guardianship.

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Michigan Minor Guardianship Clearance Request