Michigan Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   Michigan's instrument is a power of attorney delegating parental powers under MCL 700.5103 (the statute is titled Delegation of powers by parent or guardian). A parent signs it and names another person. MCL 700.5103 does not prescribe an official form for it.

2. 2

   The delegation may not exceed 180 days. If the parent is serving in the armed forces of the United States and is deployed to a foreign nation, and the power of attorney so provides, it is effective until the thirty-first day after the end of the deployment. The statute says nothing about renewing or signing a new one, and a person may not, for the purpose of permanently transferring custody, knowingly delegate for more than 180 days in violation of MCL 750.136c(3).

3. 3

   MCL 700.5103 requires a properly executed power of attorney but does not define that term, and it does not state notary or witness requirements. It does not say whether one or both parents must sign, and it has no filing step or notice step for a parent's delegation. Only where a guardian delegates must the guardian notify the court within 7 days with the attorney-in-fact's name, address and telephone number.

4. 4

   A parent may delegate any of the parent's powers regarding care, custody, or property of the child, except the power to consent to adoption of a minor ward or to release a minor ward for adoption. The statute does not mention schools or medical treatment by name and has no reliance protection for schools or providers, so acceptance is not assured.

5. 5

   The statute names no revocation procedure and no notice to the other parent, and it sets no relative requirement or age for the caregiver, who may be 'another person'. Do not assume rules that the statute does not state.

6. 6

   This is not a court guardianship. Custody and parental rights are unchanged, and it ends within its stated term. The parent remains the child's parent and the caregiver does not become a legal guardian.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Michigan court options include a temporary guardian pending a guardianship proceeding (MCL 700.5213(3), authority not to exceed 6 months), a limited guardianship by parental consent with a court-approved placement plan (MCL 700.5205 and 700.5206), and a full minor guardianship petition (MCL 700.5204). DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse, neglect or danger to a child, contact Michigan's child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Michigan Requirements for Temporary Guardianship Agreement

• Parent Delegation by Power of Attorney

  A parent may delegate to another person, by a properly executed power of attorney, powers regarding care, custody, or property of the child (MCL 700.5103(1)).

• 180-Day Cap

  The delegation may not exceed 180 days. A parent serving in the armed forces of the United States and deployed to a foreign nation may provide that it lasts until the thirty-first day after the end of the deployment (MCL 700.5103(1)-(3)).

• No Delegation to Permanently Transfer Custody

  A person may not, for the purpose of permanently transferring custody, knowingly delegate for more than 180 days in violation of MCL 750.136c(3) (MCL 700.5103(2)).

• Properly Executed

  The power of attorney must be properly executed. The section does not define the term or state notary or witness requirements (MCL 700.5103(1)).

• Powers Delegated

  Any of the parent's powers regarding care, custody, or property of the child may be delegated (MCL 700.5103(1)).

• Adoption Consent Excluded

  The power to consent to adoption of a minor ward or to release a minor ward for adoption cannot be delegated (MCL 700.5103(1)).

• Caregiver

  The delegation is to 'another person'. The section states no relative requirement and no age (MCL 700.5103(1)).

• Guardian Delegation Notice

  Where a guardian delegates, the guardian must notify the court within 7 days with the attorney-in-fact's name, address and telephone number. No filing is stated for a parent's delegation (MCL 700.5103(4)).