Darren Findling of The Probate Pro discusses the Your Responsibilities as Guardian of a Minor.
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This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.
Your responsibilities as a guardian of a minor. Hi, I’m Darren Findling of The Probate Pro and we're going to examine a particular form created by the Macomb county probate court it is formed MCPC for Macomb county probate court form 33m this form highlighted at the bottom left corner is attached to petitions and people who are petitioning for a guardianship in a minor estate and it gives a basic understanding of your responsibilities as guardian this is not allencompassing there are many other duties and responsibilities as set forth by Michigan statute and court rule but it gives you a basic understanding and the court wants you to understand these basic responsibilities to ensure that you appropriately manage and administer the guardianship we strongly urge you to work with a skilled competent probate lawyer whenever going to probate court and addressing these types of issues the information is not always intuitive the laws are not always really understandable by people who are nonlawyers so working with a skilled lawyer can give you the best opportunity to be in a good position to assure yourself of fulfilling your responsibilities as guardian of a minor let's work our way through this particular form as you can see from the top left corner highlighted in yellow it already is filled in Macomb because it is a Macomb county probate court form the file number or case number is identified the top is pretty intuitive it shows in the matter of so this is the minor upon which the guardianship is occurring and it says in bold responsibility and it says upon until a petition to terminate or modify meaning terminate means to end it modify means to change it is granted the guardian remains responsible for the child now the reason this is highlighted here is that often people think that because the child has moved out um for some reason that they all they are relieved alleviated of the responsibility and in fact that's not the case you'd have to file a petition to modify or terminate the guardianship depending on the circumstances so again until that order is entered you're still responsible as the guardian of the minor and it talks about the next section about change of addresses change of phone numbers it's your obligation to continually keep the court apprised of where you live as guardian your current address and phone number as well as the minor and if you fail to do so within 14 days you could be suspended and that's not a good thing so all of these responsibilities relating to serving as a guardian are really important responsibilities that you should take very seriously you could be sanctioned by the court you can be removed suspended all sorts of things can occur so we really want you to take these responsibilities very seriously the next section says that the department of health and human services and or court guardianship investigator may come out and meet with the ward and guardian after year one this is part of the court's process of having to be assured that the court is constantly monitoring the affairs relating to guardianship now it further provides that the law requires that every minor guardianship case be reviewed after year one and each year until the minor reaches the age of six failure to cooperate could lead to your suspension what that means is that when that person comes out to do this visit they have to appropriately identify themselves make sure you're actually talking to the right person who has the legal authority but then cooperate with them because they have to write a report to the court and if you fail to do that the courts they're simply going to write a report that says you fail to cooperate which could lead your suspension or other penalty so it's important to make sure you confirm their identity and then cooperate with them in their investigation it's part of the statutory