Michigan Laws 722.875c – Guardianship assistance; successor guardian
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Terms Used In Michigan Laws 722.875c
- Child: means a person less than 18 years of age. See Michigan Laws 722.872
- Department: means the department of health and human services. See Michigan Laws 722.872
- Eligible child: means a child who meets the eligibility criteria under section 3 for receiving guardianship assistance. See Michigan Laws 722.872
- 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 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. See Michigan Laws 722.872
- Guardianship assistance agreement: means a negotiated binding agreement regarding financial support as described in section 5 for children who meet the qualifications for guardianship assistance as specified in this act or in the department's administrative rules. See Michigan Laws 722.872
- Relative: means that term as defined in section 13a of chapter XIIA of the probate code, MCL 712A. See Michigan Laws 722.872
- Successor guardian: means a person appointed by the court to act as a legal guardian when the preceding guardian is no longer able to act, as a result of his or her death or incapacitation, under section 19a or 19c of chapter XIIA of the probate code, MCL 712A. See Michigan Laws 722.872
(1) Subject to provisions of this act, the department may pay guardianship assistance to an eligible successor guardian on behalf of an eligible child.
(2) The successor guardian shall apply for guardianship assistance under this act to the department.
(3) The preceding guardianship assistance agreement may be transferred to a successor guardian who has been appointed by the court. This occurs when the successor guardian enters into a written, binding guardianship assistance agreement with the department.
(4) Payment of guardian assistance shall not be made to a successor guardian until the court appoints a successor guardian. If the successor guardian began caring for the child before the court appoints the successor guardian, guardianship assistance payments can be made retroactively to either the date of death of the relative guardian, the date of incapacity of the relative guardian, or the date the successor guardian assumed care of the child, whichever is later.
(5) A successor guardian may be eligible to receive guardianship assistance on behalf of an eligible child if the department determines that all of the following apply:
(a) A guardianship assistance agreement for the child was in effect before the appointment of the successor guardian.
(b) The successor guardian was appointed by the court as a result of the death or incapacitation of the preceding guardian.
(c) The preceding guardian had an active guardianship assistance agreement for the child before his or her death or incapacitation.
(d) The successor guardian meets all of the conditions set forth in this act.