Guardianship of Minors in Michigan: When You Step Up Because a Child Needs You

Sometimes parents can’t provide the care their children need—because of illness, addiction, incarceration, military deployment, or circumstances that make parenting impossible. When that happens, someone has to step in. Guardianship gives grandparents, relatives, family friends, and other caring adults the legal authority to make decisions, provide stability, and protect children who would otherwise fall through the cracks.

At Boroja, Bernier & Associates, we help people who are already doing the hard work of raising someone else’s child get the legal recognition they need to do it properly.

Serving Southeast Michigan, Central Michigan & Mid-Michigan

Meet Our Family Law Team

You’re Already Raising This Child. Now You Need the Law to Recognize It.

You didn’t plan to become a parent again—or maybe for the first time. But here you are: getting kids to school, making doctor’s appointments, signing permission slips, staying up when they’re sick. You’re doing everything a parent does because the actual parents can’t.

The problem is, legally, you’re nobody.

Without guardianship, you can’t enroll the child in school without jumping through hoops. You can’t consent to medical treatment—not even routine care, let alone emergencies. You can’t add the child to your health insurance. You can’t make decisions about their education, their activities, their lives. Every institution that matters—schools, doctors, insurance companies, government agencies—wants to know: where are the parents? And when you explain the situation, they want paperwork you don’t have.

Guardianship solves this. Under Michigan’s Estates and Protected Individuals Code (EPIC), specifically MCL 700.5204 et seq., a court can appoint you as the child’s legal guardian—giving you the authority to make the decisions that need to be made, access the records that need to be accessed, and provide the stability this child desperately needs.

The process isn’t simple. You’ll need to petition the court, notify the parents (and sometimes other relatives), potentially face objections, and satisfy a judge that guardianship serves the child’s best interests. But for families who are already living this reality—already doing the work without the legal authority—guardianship provides the foundation that makes everything else possible.

At Boroja, Bernier & Associates, we’ve helped grandparents, aunts, uncles, older siblings, family friends, and other caregivers obtain guardianship of children throughout Michigan. We understand both the legal complexity and the human stakes. These aren’t abstract cases—they’re about children who need protection and adults willing to provide it.

Quotable Expert Statement: “Most people who come to us for minor guardianship have been caring for the child for months, sometimes years, before realizing they need legal authority. They’ve been making it work through informal arrangements, hoping the parents would get better, not wanting to ‘make things official.’ By the time they contact us, they’ve usually hit a wall—a school that won’t enroll without documentation, a medical situation requiring legal consent, or simply the recognition that this arrangement needs to be formalized for everyone’s protection.”

What Guardianship Actually Means—And What It Doesn’t

Guardianship grants legal authority over a child, but it’s not adoption. Understanding the difference matters because it affects parental rights, the permanence of the arrangement, and what happens if circumstances change.

Guardianship: Legal Authority Without Terminating Parental Rights

When a court appoints you as guardian, you receive legal authority to:

• Make decisions about the child’s education, healthcare, and welfare
• Consent to medical treatment
• Enroll the child in school
• Access the child’s records
• Apply for benefits on the child’s behalf
• Make day-to-day parenting decisions

What guardianship doesn’t do:

• Terminate the parents’ legal rights
• Create a parent-child legal relationship between you and the child
• Change inheritance rights—the child doesn’t automatically inherit from a guardian under Michigan’s intestacy laws the way they would from a legal parent, and the guardian doesn’t inherit from the child. If you want to include the child in your estate plan, you’ll need to do so explicitly through a will or trust. (This is one reason many long-term guardians eventually explore adoption.)
• Automatically entitle you to child support from the parents (though support can be ordered separately)
• Make the arrangement permanent—guardianships can be modified or terminated

The parents remain the legal parents. They may retain certain rights—including the right to visitation, the right to be informed about major decisions, and the right to petition the court to regain custody when circumstances improve. The guardian has authority, but the parents aren’t erased.

Adoption: Complete Legal Replacement

Adoption terminates the biological parents’ rights entirely and creates a new legal parent-child relationship. The adoptive parents become the child’s legal parents in every sense—the child inherits from them, takes their name (if desired), and the biological parents have no further rights or obligations.

Adoption is permanent. Guardianship is not.

When Guardianship Makes More Sense Than Adoption

Guardianship is often the right choice when:

• The parents’ inability to care for the child may be temporary (addiction treatment, incarceration with a release date, mental health stabilization, military deployment)
• The parents aren’t willing to voluntarily terminate their rights
• You want to preserve the child’s legal relationship with biological family
• The situation doesn’t warrant the permanence and complexity of adoption
• Cultural or family considerations favor maintaining the parental relationship

Adoption may be better when:

• The parents have abandoned the child or are permanently unable to parent
• Parental rights have been or should be terminated
• You want the full legal parent-child relationship, including inheritance rights
• Permanence is important for the child’s sense of stability and belonging

For families where guardianship has been in place for years and the parents show no realistic prospect of returning, adoption creates the permanent legal relationship that guardianship cannot. Boroja, Bernier & Associates helps families evaluate both paths and transition from one to the other when the time is right. Learn more on our Adoption in Michigan page.

When Guardianship Becomes Necessary: Common Situations

Guardianship arises when parents cannot—or will not—provide adequate care. The circumstances vary, but the core reality is the same: a child needs someone to step up.

Parental Substance Abuse or Addiction

One of the most common scenarios. Parents struggling with drug or alcohol addiction may be unable to provide consistent care, safe housing, or the stability children need. Grandparents or other relatives often step in, initially thinking the situation is temporary—then realize months or years later that formal guardianship is necessary.

Parental Mental Health Crisis

Severe mental illness can render parents unable to care for children, whether temporarily during acute episodes or longer-term when conditions are difficult to stabilize. Guardianship provides children with stability while parents receive treatment.

Parental Incarceration

When a parent is incarcerated—especially for extended sentences—children need someone with legal authority to care for them. Guardianship allows relatives or family friends to make decisions without requiring the incarcerated parent’s involvement in every matter.

Military Deployment

Service members deploying overseas need to ensure their children are cared for with proper legal authority. Military guardianships can be structured to automatically terminate when the parent returns from deployment.

Parental Abandonment or Neglect

Some parents simply leave—physically, emotionally, or both. Children left with relatives, neighbors, or family friends need guardians who can provide legal stability even when parents have disappeared.

Parental Death

When parents die without designating a guardian in their estate plan, the court must appoint one. Relatives seeking to care for orphaned children need guardianship to formalize the arrangement.

Parental Illness or Disability

Serious illness or disability may prevent parents from providing adequate care. Guardianship ensures children’s needs are met while honoring the parents’ continued relationship to the extent possible.

Child Protective Services Involvement

When CPS removes children from parental custody, relatives willing to provide care may need to pursue guardianship rather than foster care placement. This keeps children within the family while satisfying the state’s concerns about parental fitness.

The Michigan Guardianship Process: Step by Step

Understanding the process helps you prepare for what’s ahead. Guardianship petitions in Michigan follow procedures established under EPIC (MCL 700.5204 et seq.).

Step 1: Filing the Petition

The process begins by filing a Petition for Appointment of Guardian of a Minor with the probate court in the county where the child lives. The petition must include:

• Information about the child (name, age, residence)
• Information about the proposed guardian (you)
• Information about the parents and their whereabouts
• Explanation of why guardianship is necessary
• Statement that guardianship serves the child’s best interests

Filing fees vary by county—typically $150–$250.

Step 2: Notifying Interested Parties

Michigan law requires that certain people receive notice of the guardianship petition:

• Both parents (unless parental rights have been terminated)
• Any person having legal custody of the child
• Any court-appointed guardian or conservator
• The child, if 14 or older

Notice must be provided in specific ways—typically personal service or registered mail—with proof of service filed with the court. If a parent’s location is unknown, you may need to pursue alternative service methods (publication).

Step 3: The Waiting Period

After filing and serving notice, there’s typically a waiting period before the hearing—usually 14–28 days depending on the type of notice provided. This gives interested parties time to respond or object.

Step 4: Potential Objections

Parents or other interested parties can object to the guardianship. Common objections include:

• The parent disputes that guardianship is necessary
• Another relative wants to be appointed guardian instead
• Someone believes the proposed guardian is unsuitable

If objections are filed, the matter becomes contested and may require a full evidentiary hearing.

Step 5: The Hearing

The probate court holds a hearing to determine whether guardianship should be granted. You’ll need to demonstrate:

• The parents are unable or unwilling to provide proper care
• You are suitable to serve as guardian
• Appointment serves the child’s best interests

Evidence may include:

• Testimony about the parents’ situation and inability to provide care
• Your qualifications and relationship with the child
• The child’s needs and current living situation
• Any relevant reports (CPS records, school records, medical records)

The child may be present at the hearing, depending on age and circumstances. Children 14 and older have the right to object to the proposed guardian.

Step 6: Court Order

If the court grants the petition, it issues Letters of Guardianship—the official document establishing your authority. You’ll receive certified copies to present to schools, doctors, insurance companies, and anyone else who needs verification of your legal status.

Timeline and Costs

Uncontested guardianships—where parents consent or don’t appear to object—can often be completed in 4–8 weeks.

Contested guardianships take longer, potentially several months, depending on the complexity of issues and court scheduling.

Attorney fees for minor guardianship typically range from $4,000–$6,000 for straightforward matters. Contested cases involving evidentiary hearings cost more—potentially $5,000–$10,000 or higher depending on complexity. At Boroja, Bernier & Associates, we provide transparent fee estimates during your initial consultation so you understand the likely costs before moving forward. Call (586) 991-7611 to discuss your situation.

Guardian’s Powers and Responsibilities

Guardianship grants significant authority—and significant responsibility. Understanding both helps you fulfill the role properly.

Powers of a Guardian

Under MCL 700.5215, a guardian of a minor has the powers and responsibilities of a parent, including:

Custody and residence: The guardian has legal custody and determines where the child lives.

Education: Authority to enroll the child in school, make educational decisions, access school records, and participate in IEP meetings for special needs children.

Healthcare: Authority to consent to medical, dental, and mental health treatment. This includes routine care and, with some limitations, major medical decisions.

Daily care: All the day-to-day decisions parents make—discipline, activities, religious participation, social activities.

Legal matters: Authority to act on the child’s behalf in legal proceedings, apply for benefits, and manage the child’s affairs.

Limitations on Guardian Authority

Guardians aren’t completely autonomous. Certain actions may require court approval:

• Major medical decisions in some circumstances
• Decisions that would significantly alter the child’s life circumstances
• Actions that conflict with known parental wishes (though guardian authority generally supersedes)

Parental rights, though limited during guardianship, may include:

• Right to reasonable visitation (unless restricted by court order)
• Right to be informed of major decisions
• Right to petition for modification or termination of guardianship

Responsibilities and Accountability

Guardians must:

• Provide for the child’s care, maintenance, and education
• Make decisions in the child’s best interests
• Maintain the child’s relationship with parents when appropriate
• Report to the court as required (typically annual reports on the child’s status)
• Keep the child’s funds separate from personal funds (if managing any assets for the child)
• Comply with all court orders

Failure to fulfill guardian responsibilities can result in removal and appointment of a successor guardian.

“Guardianship isn’t just about getting legal authority—it’s about accepting legal responsibility. The court entrusts you with a child’s welfare, and that trust comes with obligations. You’re accountable to the court, to the child, and in some sense to the parents whose role you’re filling. We make sure our clients understand not just what powers they’re gaining, but what duties they’re accepting.”

Contested Guardianships: When Parents Object

Not every guardianship proceeds smoothly. Parents may object, other relatives may seek appointment instead, or disputes may arise about whether guardianship is necessary at all.

When Parents Fight Back

Parents have constitutional rights to raise their children. A guardianship petition essentially asks the court to override those rights—not terminate them, but supersede them with your authority. Courts don’t take that lightly.

If parents object, you’ll need to prove:

• The parents are unable or unwilling to provide proper care
• The child’s welfare requires a guardian
• You are the appropriate person to serve

Evidence matters. Documentation of the parents’ inability to care for the child—police reports, CPS records, medical records, witness testimony, school records showing problems—supports your petition. Vague claims that the parents are “unfit” won’t suffice.

When Relatives Compete

Sometimes multiple relatives want to be guardian. Grandparents on both sides of the family, aunts and uncles, older siblings—any of them might believe they’re the best choice.

Courts consider:

• The child’s existing relationship with each proposed guardian
• Each person’s ability to provide care
• Stability and continuity (who has the child been living with?)
• The child’s preferences (particularly for older children)
• Practical considerations (housing, resources, proximity to school/community)

When CPS Is Involved

If Child Protective Services has removed the child from parental custody, guardianship proceedings intersect with the child welfare system. Relatives seeking guardianship instead of foster care placement must navigate both probate court and the CPS process.

This coordination can be complex, but keeping children with family rather than in foster care is generally preferred—both by courts and by families.

Protecting Your Position

If you anticipate a contested guardianship:

• Document everything—the child’s current situation, your involvement in their care, incidents demonstrating parental inability
• Gather supporting evidence before filing
• Identify potential witnesses
• Be prepared for a full evidentiary hearing
• Retain experienced counsel who can present your case effectively

Contested guardianships are more expensive and time-consuming than uncontested ones, but when a child’s welfare is at stake, pursuing proper legal authority is worth the fight.

Temporary and Emergency Guardianship: When Time Is Critical

Some situations can’t wait for the full guardianship process. Michigan law recognizes this.

Temporary Guardianship

A temporary guardian can be appointed when a child needs immediate protection and the full guardianship process—which takes weeks—would leave the child in limbo. Temporary guardianship is especially important when:

• A parent has been arrested or hospitalized and children need immediate care
• A CPS removal requires emergency family placement
• The child’s current living situation is unsafe and waiting isn’t an option
• A parent is deploying on short notice and needs to transfer authority quickly

Temporary appointments can often be obtained within days rather than weeks. They provide immediate legal authority while the full guardianship petition works through the standard process. Think of temporary guardianship as the bridge—it gets the child legally protected now while you build the permanent structure.

Limited Guardianship Under MCL 700.5306, courts can grant guardianship limited to specific areas where the child needs protection. This means a parent who is capable in some areas but not others doesn’t lose all authority—the guardian handles only what the parent cannot. Limited guardianship respects the reality that parenting ability isn’t always all-or-nothing.

Modifying and Terminating Guardianship

Guardianship isn’t necessarily permanent. Circumstances change, and the law provides mechanisms for modifying or ending guardianships when appropriate.

When Parents Seek to Regain Custody

A parent whose circumstances have improved can petition to terminate the guardianship and regain custody. The court will evaluate:

• Whether the conditions that necessitated guardianship have been resolved
• Whether the parent can now provide proper care
• What serves the child’s best interests
• The child’s current stability and attachment to the guardian

Courts balance parents’ fundamental rights against children’s need for stability. A parent who completes addiction treatment, stabilizes mental health, or is released from incarceration may have strong grounds—but the child’s welfare remains paramount.

When Guardians Want to Resign

Guardians can petition to resign if they’re no longer able or willing to serve. The court must appoint a successor guardian before accepting the resignation—children can’t be left without legal protection.

If you’re considering resignation, identify potential successor guardians before filing. The court will need alternatives.

When Circumstances Change

Other changes might warrant modification:

• The guardian becomes unable to serve (illness, death, incapacity)
• The child’s needs change significantly
• Conflict develops between guardian and child
• The guardianship arrangement is no longer serving the child’s best interests

Automatic Termination

Guardianship of a minor terminates automatically when:

• The child reaches age 18 (majority)
• The child is legally emancipated
• The child is adopted
• The child dies
• The court terminates the guardianship

Transitioning to Adulthood

If you’re guardian of a teenager approaching 18, remember that your authority ends at majority. If the young adult has special needs requiring ongoing assistance, you may need to pursue adult guardianship or conservatorship—a separate process with different requirements. Plan ahead rather than discovering at 18 that you no longer have authority.

How BBA Law Handles Minor Guardianship Matters

Guardianship cases involve vulnerable children and families in difficult circumstances. We approach them with both legal rigor and human understanding.

We Assess Your Situation Thoroughly

Before filing anything, we need to understand the full picture: the child’s situation, the parents’ circumstances, your relationship with the child, potential objections, and what outcome truly serves everyone’s interests. Sometimes guardianship is the clear answer. Sometimes other options—informal arrangements, custody orders, or adoption—might serve better.

We Prepare Comprehensive Petitions

A well-prepared petition anticipates questions and provides the court with everything needed to evaluate your request. We gather supporting documentation, prepare clear explanations of why guardianship is necessary, and present your qualifications as guardian effectively.

We Handle Contested Cases

When parents or others object, we’re prepared to present evidence, examine witnesses, and advocate effectively at evidentiary hearings. Contested guardianships require courtroom experience—not just paperwork skills.

We Coordinate Related Issues

Guardianship often intersects with other legal matters—child support, parenting time for biological parents, CPS involvement, benefit applications. We ensure all related issues are addressed so you leave with comprehensive protection, not just a guardianship order that ignores everything else.

We Recognize the Human Stakes

Every guardianship case involves a child who needs protection and adults trying to provide it—often while navigating complicated family dynamics, parental conflict, and their own emotional responses to difficult situations. We provide legal guidance with appropriate sensitivity to what families are actually experiencing.Quotable Expert Statement: “The families who come to us for minor guardianship aren’t looking for a legal technicality—they’re looking for the authority to protect a child they already love. Our job is to build the legal framework around what they’re already doing: showing up every day for a child who needs them. We move with urgency because these families have already waited too long.”

Questions Michigan Families Ask About Minor Guardianship

That Child Needs Legal Protection. So Do You.

If you’re already caring for a child whose parents can’t—doing the school runs, the doctor visits, the daily work of parenting—you’re already functioning as a guardian. The question is whether you have the legal authority to match the responsibility you’ve accepted.

Consider consulting with a guardianship attorney if:

• You’re caring for a relative’s child and need legal authority
• Schools, doctors, or other institutions are demanding documentation you don’t have
• The parents are unable to care for the child due to addiction, incarceration, mental health, or other issues
• You want to formalize an informal caregiving arrangement
• Child Protective Services is involved and you want to keep the child within the family
• A parent is contesting your care of the child
• You need to establish authority for medical decisions, school enrollment, or benefits

At Boroja, Bernier & Associates, we help families formalize guardianship arrangements that protect children and give caregivers the legal standing they need.

You Stepped Up When This Child Needed Someone. Now Get the Legal Authority to Do It Right.

You didn’t choose this situation—but you chose to be there for a child who needed you. You’re doing the hard work of parenting without the legal recognition that makes everything easier. Every permission slip, every doctor’s visit, every enrollment form becomes more complicated than it should be.

Guardianship changes that. It gives you the authority to make decisions, access records, and provide the stability this child needs—with the legal documentation that schools, doctors, and institutions require.

You deserve an attorney who understands both the legal process and the family realities that brought you here. You deserve someone who handles guardianship efficiently while recognizing that every case involves real children and families navigating difficult circumstances.

Schedule a consultation with Boroja, Bernier & Associates. Let’s discuss your situation and give you the legal foundation to keep doing what you’re already doing—caring for a child who needs you.

Because stepping up deserves more than good intentions. It deserves legal recognition.

Learn About Adoption in Michigan

Office Hours: Monday–Thursday: 9:00 AM–5:00 PM | Friday: 9:00 AM–3:00 PM | Saturday & Sunday: By Appointment

Service Area Statement: Boroja, Bernier & Associates handles minor guardianship matters throughout Southeast Michigan (Macomb, Oakland, Wayne, Washtenaw, Livingston, Monroe, St. Clair Counties), Central Michigan (Ingham, Eaton Counties), and Mid-Michigan (Genesee, Lapeer Counties). Headquarters in Shelby Township (49139 Schoenherr Rd., Shelby Township, MI 48315) with additional offices in Troy, Ann Arbor, and Lansing.