A legal guardian can help minors and incapacitated adults meet their needs and make their lives easier. However, there are times when it’s necessary to end or change a guardianship. These situations include cases where the ward (the person for whom the guardian cares) regains their mental and/or physical capacity or when the guardian neglects their duties or takes advantage of their ward or their assets.
Terminating or changing guardianship in Michigan is not easy and requires adherence to specific court procedures. Accordingly, it’s essential to get help from an experienced attorney like Lisa D. Stern. Attorney Stern has spent nearly 30 years helping Michigan residents with complex family law issues, from child custody disputes to the parental rights of LGBT couples. If you want to end or modify a guardianship in Michigan, you need a lawyer to guide you through the process.
When Guardianships End Automatically
Guardianships for minors typically end automatically when the child turns 18 and becomes a legal adult. However, guardianship may continue past someone’s 18th birthday if they don’t have the mental or physical capacity to care for themselves.
Furthermore, state law requires courts to review a guardianship for a minor every year if the child is under six years old. This annual review can lead to the end or modification of the guardianship. Michigan law also dictates that the courts must review the guardianship of an incapacitated adult one year after the guardian’s initial appointment, with additional reviews at least every three years after each review.
Procedure to Modify or Terminate a Guardianship
The process to modify or end guardianship for a minor or incapacitated adult typically begins with a petition to the courts. Michigan law allows a minor’s parent or parents to submit a petition to terminate the guardianship of a minor. Another law allows the ward in an adult guardianship or anyone else interested in the ward’s welfare can submit a petition to modify or terminate the guardianship.
In either case, the courts will review the petition and investigate to determine whether the guardianship is still necessary or if a change is warranted. This investigation may include sending a neutral party to observe the ward and guardian, as well as consulting with medical experts to determine the appropriate course of action.
If the court finds that a change or termination of the guardianship is in the ward’s best interest, they’ll issue an order to that effect. Otherwise, the guardianship will continue the same terms.
Reasons to Modify or End a Guardianship
Guardianship arrangements are meant to serve the best interests of the ward, but circumstances can change. Here are some common reasons for seeking a change or end to guardianship:
- The ward’s health or personal situation has improved, making guardianship unnecessary.
- The current guardian is not fulfilling their duties properly or is unsuitable due to misconduct or neglect.
- The needs of the ward have changed and they require different support or care than the current guardian can provide.
- The guardian or ward is moving to a different state or area, making the current guardianship arrangement impractical.
- The ward, if capable, expresses a desire for a different guardian or to end the guardianship.
Get Legal Help with a Guardianship Today
Attorney Lisa D. Stern can file a petition to modify or end guardianship and can make a persuasive case to the courts on your behalf. Call today at 248-973-7842 or complete this contact form for a consultation.