Michigan Guardianship And Conservatorship Legal Questions

I'm so sorry that you've been going through this.  In Michigan, the minimum age for emancipation is 16.  However, it's possible that you could petition the court to have a legal guardian and conservator other than your Father.  Do you have any other close family that lives closer to your school than your Grandparents?  Could you consider switching schools to live with them?... Read More

It may or may not be evidence of a lack of legal capacity and a need for a guardian.  Guardianship turns on the inability, due to a mental or physical condition, to manage one's own finances or to provide for one's own food, shelter and medical care.  Take pictures.  Call Adult Protective Services.... Read More

From your description it appears that a court already ordered that you be placed under guardianship with your grandmother acting as guardian.  Ask the attorney involved to file a Motion for an Order to Show Cause.  The Court can order your mother to appear in court to explain to the judge why she has not signed and delivered the necessary papers.  She may prefer to sign them and ask that the Motion be withdrawn.... Read More

In most states you do not need a lawyer to ask the Court to restore your rights and remove the guardian.  You can just write a letter to the judge.  If the health and rehab center became your guardian, you can also write that there is a conflict of interest so that if you do need a guardian, it should not be the health and rehab center.... Read More

If the mother's parental rights were legally terminated, voluntarily or involuntarily, you may be able to become your grandchildren's guardian.  In some states they must have resided with you for six months first. If the mother's parental rights were not legally terminated, voluntarily or involuntarily, she may be willing to sign a special form of power of attorney, revocable at will, which allows the children to live with you and allows you to enroll them in school, take them to the doctor, etc.   Please contact a local family attorney.... Read More

The power of attorney document that your husband signed may give him the right to delegate authority to his sister.  Absent that, he may be able to resign as agent and allow the successor agent to handle the responsibility. If no successor agent is named, his sister must petition the probate court to become the legal conservator (and possibly guardian); at which time your husband can resign. If the person (I assume a parent) to which your brother has power of attorney is able to create a new document, that option would be best.... Read More

The guardian has powers under MCL 700.5215 A minor's guardian has the powers and responsibilities of a parent who is not deprived of custody of the parent's minor and unemancipated child, except that a guardian is not legally obligated to provide for the ward from the guardian's own money and is not liable to third persons by reason of the parental relationship for the ward's acts. A guardian has all of the following powers and duties: (a) The guardian shall take reasonable care of a ward's personal effects and commence a protective proceeding if necessary to protect the ward's other property. If a guardian commences a protective proceeding because the guardian believes that it is in the ward's best interest to sell or otherwise dispose of the ward's real property or interest in real property, the court may appoint the guardian as special conservator and authorize the special conservator to proceed under section 5423(3). A guardian shall not otherwise sell the ward's real property or interest in real property. (b) ... (c) The guardian shall facilitate the ward's education and social or other activities, and shall authorize medical or other professional care, treatment, or advice. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would be illegal for a parent to have consented. (d) A guardian may consent to a minor ward's marriage. (e) ... (f) A guardian must report the condition of the ward and of the ward's estate that is subject to the guardian's possession or control as ordered by the court on petition of a person interested in the minor's welfare or as required by court rule. The report must detail the condition of the ward, medical or mental health treatment or care to which the ward was subjected, and what reason, if any, exists for the continuation of the guardianship. (g)...  ... Read More