1/27/2024 0 Comments Guardianship papers michiganSee MCL 700.5317(2) (“If the court in the county where the ward resides is not the court in which acceptance of appointment is filed, the court in which a proceeding is commenced after the appointment in appropriate cases shall notify the other court, in this or another state, and after consultation with that court, shall determine whether to retain jurisdiction or transfer the proceeding to the other court, whichever is in the best interests of the ward. First, the guardianship provisions of the Estates and Protected Individuals Code indicate that the Michigan probate court retains jurisdiction, even if the ward moves to another state, until it decides otherwise. However, the probate court refused to enter an order giving effect to the transition plan, because it believed that it would lose jurisdiction over Alice if she went to North Carolina, even on a trial basis.Īlice’s guardian appealed, and the Michigan Court of Appeals ruled that the probate court’s belief that it would lose jurisdiction over Alice was erroneous. The agreement called for the Michigan probate court to hold a hearing after Alice had been in North Carolina for 180 days and decide whether to continue the Michigan guardianship or transfer the guardianship to North Carolina. There, Alice Krause’s guardian, daughter, and court-appointed attorney agreed to a transition plan for moving Alice from Michigan to North Carolina on a trial basis. 27, 2018) (unpublished), a decision recently issued by the Michigan Court of Appeals. That was the issue in In re Guardianship of Alice Krause, Docket No. However, that process can be complicated if a Michigan probate court has already appointed another person as the parent’s Michigan guardian. The parent and child may desire to move the parent to where the child lives, so the child can provide assistance. Michigan Probate Litigation Cases & News Michigan Court of Appeals Addresses Mechanics of Transferring Guardianship from Michigan to Another StateĪn elderly parent who requires assistance may have an adult child who lives outside of Michigan.
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