Michigan Laws 700.5202 – Parental appointment of guardian for minor
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Terms Used In Michigan Laws 700.5202
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- 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
- 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
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107
- Testator: A male person who leaves a will at death.
- Testator: includes an individual of either gender. See Michigan Laws 700.1107
(1) The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least 2 witnesses.
(2) Subject to the right of the minor under section 5203, if both parents are dead or have been adjudged to be legally incapacitated or the surviving parent has no parental rights or has been adjudged to be legally incapacitated, a parental appointment becomes effective when the guardian‘s acceptance is filed in the court in which the will containing the nomination is probated or, if the nomination is contained in a nontestamentary nominating instrument or the testator who made the nomination is not deceased, when the guardian’s acceptance is filed in the court at the place where the minor resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.
(3) A parental appointment effected by filing the guardian’s acceptance under a will probated in the state of the testator‘s domicile is effective in this state.
(4) Upon acceptance of appointment, the guardian shall give written notice of acceptance to the minor and to the person having the minor’s care or the minor’s nearest adult relative.