Michigan Laws 722.876 – Guardianship assistance; prohibition; conditions; notice of termination
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Terms Used In Michigan Laws 722.876
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Relative: means that term as defined in section 13a of chapter XIIA of the probate code, MCL 712A. See Michigan Laws 722.872
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- 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) Except as provided in subsection (2), the department shall not provide guardianship assistance after 1 of the following occurs:
(a) The child reaches 18 years of age.
(b) The department determines that the guardian is no longer legally responsible for support of the child.
(c) The department determines that the child is no longer receiving any support from the relative guardian.
(d) The death of the child.
(e) The child is adopted by the guardian or another individual under the Michigan adoption code, chapter X of the probate code, MCL 710.21 to 710.70, or the adoption laws of any other state or country.
(f) The guardianship is terminated by order of the court having jurisdiction in the guardianship proceeding.
(g) The death of the guardian unless a successor guardian has been appointed by the court.
(2) The department may provide extended guardianship assistance until the youth reaches the age of 21 if the youth meets the requirements set forth in the young adult voluntary foster care act, 2011 PA 225, MCL 400.641 to 400.671.
(3) The department shall send notice of termination of guardianship assistance under this section by mail to the guardian at the guardian’s current or last known address and to the court with jurisdiction over the guardianship case. Notice mailed under this subsection shall include a statement of the department’s reason for termination.