Guardianship for minors in Michigan lets a probate court give another adult the legal authority to care for a child when the child’s parents can’t or won’t. The court can appoint a limited, full, or temporary guardian, each fitting different family situations, and the filing fee is $150 regardless of type.1Michigan Courts. Probate Court Fee Tables February 2025 Before appointing anyone, the judge has to find that the arrangement actually serves the child’s welfare.
The Three Types of Guardianship
Which type fits depends on why the parents can’t care for the child, whether they agree to the arrangement, and how long it needs to last.
Limited Guardianship
Limited guardianship is voluntary. The custodial parent files the petition, consents to the appointment, and agrees to suspend their parental rights while the guardianship is in effect. The parents and the proposed guardian develop a placement plan on a state-prescribed form covering parenting time, how long the arrangement will last, and what rights the parents keep. The court reviews the plan and can approve, reject, or modify it.2Michigan Legislature. Michigan Compiled Laws 700.5205 – Court Appointment of Limited Guardian Requirements
This is the route parents typically use when they expect to resume care later. Military deployment, hospitalization, substance abuse treatment, or short-term financial hardship all fit here. Because the parents start the process themselves, these cases tend to move faster than contested full guardianships.
Full Guardianship
Full guardianship doesn’t require parental consent and is usually filed by someone other than the parents. It transfers comprehensive decision-making authority to the guardian and stays in place until the child turns 18 or the court terminates it.3Michigan Legislature. Michigan Compiled Laws Chapter 722 – Age of Majority Act A court can appoint a full guardian only when one of three statutory conditions is met:
- Both parents’ rights (or the surviving parent’s) have been terminated or suspended by a prior court order, divorce judgment, death, mental incompetency finding, disappearance, or confinement.
- The parents have allowed the child to live with someone else without giving that person legal authority, and the child is not living with the parents when the petition is filed.4Michigan Legislature. Michigan Compiled Laws 700.5204 – Court Appointment of Guardian for Unmarried Minor
- The biological parents were never married, the custodial parent has died or is missing, the other parent never had legal custody, and the proposed guardian is related to the child within the fifth degree.5Michigan Courts. Appointment of Guardian of Minor Checklist
The middle category is probably the most common path — a grandparent or aunt has been raising the child informally and now needs legal authority to enroll them in school or consent to medical care. Even when a condition is met, the judge can still deny the petition if appointment would be contrary to the child’s welfare. As part of a full guardianship, the court can also order the child’s parents to pay reasonable support and allow parenting time.5Michigan Courts. Appointment of Guardian of Minor Checklist
Temporary Guardianship
When a child needs immediate protection and waiting for a full hearing would cause harm, the court can appoint a temporary guardian with the same authority as an ordinary guardian. Temporary guardianship lasts up to six months. You can request it on the same petition you use for a full or limited guardianship, and the $150 fee is the same.5Michigan Courts. Appointment of Guardian of Minor Checklist
How to File the Petition
Any person interested in the minor’s welfare can petition for a guardian. So can a minor who is at least 14, or an existing limited guardian seeking to convert to a full guardianship.5Michigan Courts. Appointment of Guardian of Minor Checklist The petition goes to the probate court in the county where the child lives and identifies the child, the proposed guardian, and the statutory basis for the appointment. The $150 filing fee applies to all three types.1Michigan Courts. Probate Court Fee Tables February 2025 Attorney fees are separate.
Notice
The petitioner has to give notice of the hearing to everyone the statute lists, including the minor if the child is 14 or older.6Michigan Legislature. Michigan Code 700.5213 – Procedure for Court Appointment of Guardian of Minor That typically means both parents (if living and identifiable), any person currently caring for the child, and other interested parties. Faulty notice can delay or invalidate the whole proceeding.
The Hearing
At or before the hearing, the court may order the Department of Health and Human Services or a court employee to investigate the proposed guardianship and file a written report. The court can also appoint a lawyer-guardian ad litem to represent the child; if the minor is 14 or older, the court gives weight to the child’s preference.6Michigan Legislature. Michigan Code 700.5213 – Procedure for Court Appointment of Guardian of Minor
To grant the petition, the court must find that a qualified person seeks the appointment, that venue is proper, that required notices were given, that a statutory condition is satisfied, and that the appointment serves the child’s welfare.5Michigan Courts. Appointment of Guardian of Minor Checklist A guardian named in a parent’s will has priority over a court-selected one.
What a Guardian Can and Can’t Do
A guardian holds essentially the same powers and duties as a custodial parent, with two important exceptions: the guardian is not legally required to support the child out of the guardian’s own money, and the guardian isn’t liable to third parties for the child’s actions the way a parent would be.7Michigan Legislature. Michigan Code 700.5215 – Powers and Duties of Guardian of Minor
Specific responsibilities include:
- Supporting the child’s education and social activities, and authorizing medical and other professional care. Consenting to treatment doesn’t make the guardian liable for a third party’s negligence during that treatment.
- Receiving money payable for the child’s support — from benefits, insurance, trusts, or private contracts — and applying it to the child’s current needs. Any excess must be conserved for the child’s future needs or, if a conservator has been appointed, turned over to that conservator at least once a year.
- Taking reasonable care of the child’s personal property and starting a protective proceeding if needed. A guardian cannot sell the child’s real estate without court authorization through a specially appointed conservator.
- Consenting to the child’s marriage or adoption, or to the child’s release for adoption.7Michigan Legislature. Michigan Code 700.5215 – Powers and Duties of Guardian of Minor
One rule catches new guardians off guard: you cannot pay yourself for your services out of the child’s money unless a court order or a separately appointed conservator approves it. If managing the child’s finances or care takes real time, you can petition the court for compensation, but you can’t just deduct it.7Michigan Legislature. Michigan Code 700.5215 – Powers and Duties of Guardian of Minor
Ongoing Court Oversight
Guardianship in Michigan isn’t a one-time appointment. The court retains authority to review any guardianship whenever it considers a review necessary, and for children under six the court must review the guardianship annually.8Michigan Legislature. Michigan Compiled Laws 700.5207 – Review of Guardianship Guardians must report on the child’s condition and on any estate under their control when the court orders it or when an interested person petitions for a report.7Michigan Legislature. Michigan Code 700.5215 – Powers and Duties of Guardian of Minor Expect questions about the child’s living situation, school, health, and any significant changes. Organized records from day one make this much easier than reconstructing details later.
Ending or Changing a Guardianship
Guardianship ends automatically when the child turns 18 or dies. It can also end by court order. A parent can petition to terminate either a limited or full guardianship. For limited guardianships, termination can be sought by the parents or the sole parent with custody rights; for full guardianships under section 5204, either parent can petition.9Michigan Legislature. Michigan Code 700.5208 – Petition to Terminate Guardianship of Minor
Once a termination petition is filed, the court has broad authority to investigate — ordering a DHHS or court-employee report, appointing a guardian ad litem, or drawing on other community resources — before deciding what serves the child’s best interests.9Michigan Legislature. Michigan Code 700.5208 – Petition to Terminate Guardianship of Minor The standard is the child’s best interests, not whether the parent’s circumstances have improved in the abstract.
Modification works similarly. A guardian, parent, or other interested party can ask the court to adjust an existing guardianship. For limited guardianships, the court can revisit and modify the original placement plan as circumstances change.10Michigan Courts. Appointment of Limited Guardian of Minor Checklist
Naming a Successor
If you become a guardian, think about what happens if you can no longer serve. You can name a successor guardian in your will, and Michigan law gives a testamentary appointment priority over a court-selected one.5Michigan Courts. Appointment of Guardian of Minor Checklist Without a named successor, the court picks one.
How Guardianship Differs From Adoption
Guardianship and adoption are often compared, but they do different things. Guardianship preserves the biological parents’ legal relationship with the child. Parents can petition to terminate the guardianship and regain custody, and the court keeps supervising. Adoption permanently severs the legal parent-child relationship with the biological parents and creates a new one with the adoptive parents; once finalized, the biological parents have no legal right to seek custody.
Inheritance also splits along that line. An adopted child has the same inheritance rights as a biological child of the adoptive parent. A child under guardianship does not automatically inherit from the guardian. If you want your ward to inherit from you, that has to be handled in your estate plan.
Guardianship tends to be the better fit when the goal is temporary care with eventual reunification, when the biological parent relationship should be maintained, or when the parents’ inability to care for the child is expected to resolve. Adoption fits when the separation is permanent and the child needs the legal security of full membership in a new family.
Tax Benefits for Guardians
Guardians can claim the same federal tax benefits as parents when the requirements are met. The Child Tax Credit for 2026 is worth up to $2,200 per qualifying child.11Internal Revenue Service. Child Tax Credit The child generally must live with you for more than half the year, be under 17 at year’s end, and be claimed as your dependent. Depending on income and expenses, you may also qualify for the Earned Income Tax Credit and the dependent care credit. A conversation with a tax professional in your first year as guardian helps make sure you don’t leave anything on the table.