Michigan Laws 700.5207 – Review of guardianship of minor
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(1) The court may review a guardianship for a minor as it considers necessary and shall review a guardianship annually if the minor is under 6 years of age. In conducting the review, the court shall consider all of the following factors:
(a) The parent‘s and guardian‘s compliance with either of the following, as applicable:
Terms Used In Michigan Laws 700.5207
- Agent: includes , but is not limited to, an attorney-in-fact under a durable or nondurable power of attorney and an individual authorized to make decisions as a patient advocate concerning another's health care. See Michigan Laws 700.1103
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104
- Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106
- Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106
(i) A limited guardianship placement plan.
(ii) A court-structured plan under subsection (3)(b)(ii)(B) or section 5209(2)(b)(ii).
(b) Whether the guardian has adequately provided for the minor’s welfare.
(c) The necessity of continuing the guardianship.
(d) The guardian’s willingness and ability to continue to provide for the minor’s welfare.
(e) The effect upon the minor’s welfare if the guardianship is continued.
(f) Any other factor that the court considers relevant to the minor’s welfare.
(2) The court may order the family independence agency or a court employee or agent to conduct an investigation and file a written report of the investigation regarding the factors listed in subsection (1).
(3) Upon completion of a guardianship review, the court may do either of the following:
(a) Continue the guardianship.
(b) Schedule and conduct a hearing on the guardianship’s status and do any of the following:
(i) If the guardianship is a limited guardianship, do either of the following:
(A) Continue the limited guardianship.
(B) Order the parties to modify the limited guardianship placement plan as a condition to continuing the limited guardianship.
(ii) If the guardianship was established under section 5204, do either of the following:
(A) Continue the guardianship.
(B) Order the parties to follow a court-structured plan designed to resolve the conditions identified at the review hearing.
(iii) Take an action described in section 5209(2).