A minor's guardian has the powers and responsibilities
of a parent who is not deprived of custody of the parent's minor and
unemancipated child, except that a guardian is not legally obligated to
provide for the ward from the guardian's own money and is not liable to
third persons by reason of the parental relationship for the ward's
acts. A guardian has all of the following powers and
duties: (a) The guardian shall take reasonable
care of a ward's personal effects and commence a protective proceeding
if necessary to protect the ward's other property. (b) The guardian may receive money payable for
the ward's support to the ward's parent, guardian, or custodian under
the terms of a statutory benefit or insurance system, or a private
contract, devise, trust, conservatorship, or custodianship. The guardian
may receive the ward's money or property paid or delivered under section
5102. Money or property received under that section shall be applied to
the ward's current needs for support, care, and education. The guardian
shall exercise due care to conserve any excess for the ward's future
needs unless a conservator is appointed for the ward's estate, in which
case the excess shall be paid over at least annually to the conservator.
The guardian shall net use that money or property for compensation for
the guardian's services except as approved by court order or as
determined by a duly appointed conservator other than the guardian. A
guardian may institute a proceeding to compel a person's performance of
a duty to support the ward or to pay money for the ward's welfare. (c) The guardian shall facilitate the ward's
education and social or other activities, and shall authorize medical or
other professional care. treatment, or advice. A guardian is not liable
by reason of this consent for injury to the ward resulting from the
negligence or acts of third persons unless it would be illegal for a
parent to have consented. (d) A guardian may consent to a minor ward's
marriage. (e) Subject to the conditions and restrictions
of chapter X of 1939 PA 288, MCL 710.21 to 710.70, a guardian may
consent to marriage or adoption of a minor ward or to the release of a
minor ward for adoption. (f) A guardian must report the condition of the
ward and of the ward's estate that is subject to the guardian's
possession or control as ordered by the court on petition of a person
interested in the minor's welfare or as required by court rule. The
report must derail the condition of the ward, medical or mental health
treatment or care to which the ward was subjected, and what reason, if
any, exists for the continuation of the guardianship. (g) Within 14 days after a change in the ward's
place of residence, the guardian shall give to the court notice of the
ward's new address.
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Hon. Carol Hackett Garagiola - Chief Judge, Livingston County Probate Court
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Last updated: Friday, October 16, 2009
Updated by: L. Ibarra
Powers & Duties of Minor
Guardianship![]()

Livingston County Probate Court
Judicial Center Building - 204 S. Highlander Way, Suite 2, Howell, MI 48843
Phone 517.546.3750 FAX 517.552.2511
Email: probatecourt@co.livingston.mi.us
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