Michigan Laws 700.5215 – Powers and duties of guardian of minor
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Terms Used In Michigan Laws 700.5215
- Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
- Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Do-not-resuscitate order: means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333. See Michigan Laws 700.1103
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
- 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
- Minor ward: means a minor for whom a guardian is appointed solely because of minority. See Michigan Laws 700.1106
- Money: means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card. 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
- Person: means an individual or an organization. See Michigan Laws 700.1106
- Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
- Probate: Proving a will
- Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106
- Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106
- Protective proceeding: means a proceeding under the provisions of part 4 of article V. See Michigan Laws 700.1106
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107
- Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108
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 because 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) The guardian may receive money payable for the ward’s support to the ward’s parent, guardian, or custodian under the terms of a statutory benefit or insurance system, or a private contract, devise, trust, conservatorship, or custodianship. The guardian may receive the ward’s money or property paid or delivered under section 5102. Money or property received under section 5102 must be applied to the ward’s current needs for support, care, and education. The guardian shall exercise due care to conserve any excess for the ward’s future needs unless a conservator is appointed for the ward’s estate, in which case the excess must be paid over at least annually to the conservator. The guardian shall not use that money or property for compensation for the guardian’s services except as approved by court order or as determined by an appointed conservator other than the guardian. A guardian may institute a proceeding to compel a person‘s performance of a duty to support the ward or to pay money for the ward’s welfare.
(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 because 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) Subject to the conditions and restrictions of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, a guardian may consent to marriage or adoption of a minor ward or to the release of a minor ward for adoption.
(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) Within 14 days after a change in the ward’s place of residence, the guardian shall give to the court notice of the ward’s new address.
(h) A guardian may execute a do-not-resuscitate order on behalf of the ward as provided in section 3a of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1053a.