Michigan Compiled Laws

Mich. Comp. Laws § 700.5204 (2026)

Court appointment of guardian of minor; conditions for appointment.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.5204 Court appointment of guardian of minor; conditions for appointment.

Sec. 5204.

(1) A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor. The court may order the department of health and human services or a court employee or agent to conduct an investigation of the proposed guardianship and file a written report of the investigation.

(2) The court may appoint a guardian for a minor if any of the following circumstances exist:

(a) The parental rights of both parents or the surviving parent are terminated or suspended by prior court order, by judgment of divorce or separate maintenance, by death, by judicial determination of mental incompetency, by disappearance, or by confinement in a place of detention.

(b) The parent or parents permit the minor to reside with another person and do not provide the other person with legal authority for the minor's care and maintenance, and the minor is not residing with his or her parent or parents when the petition is filed.

(i) The minor's biological parents have never been married to one another.

(ii) The minor's parent who has custody of the minor dies or is missing and the other parent has not been granted legal custody under court order.

(iii) The person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.

(3) A minor's limited guardian may petition to be appointed a guardian for that minor, except that the petition must not be based on suspension of parental rights by the order that appointed that person the limited guardian for that minor.

(4) A guardian appointed under section 5202 whose appointment is not prevented or nullified under section 5203 has priority over a guardian who may be appointed by the court. The court may proceed with an appointment on a finding that a guardian appointed in a manner described in section 5202 has failed to accept the appointment within 28 days after the notice of the guardianship proceeding.

(5) For the minor ward's welfare, the court may at any time order the minor ward's parents to pay reasonable support and order reasonable parenting time and contact of the minor ward with his or her parents.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005 ;-- Am. 2023, Act 72, Imd. Eff. July 12, 2023

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Notes of Decisions

Cited in 36 cases (22 in the last 5 years), 2003–2026 · leading case: Deschaine v. St Germain, 671 N.W.2d 79 (Mich. Ct. App. 2003).

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Deschaine v. St Germain, 671 N.W.2d 79 (Mich. Ct. App. 2003). · cites it 18× “Importantly, MCL 700.5204 was preceded by MCL 700.424, which was repealed effective April 1, 2000, by 1998 PA 386 .”

Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009). · cites it 2× “Before establishing a limited guardianship, however, the parent must also be informed that, if he fails without good cause to comply with the placement plan, his parental rights may be terminated under the Juvenile Code.”

In re Williams, 915 N.W.2d 328 (Mich. 2018). · cites it 4× “15 provides: (1) If an Indian child is the subject of a child protective proceeding under section 2(b) of chapter XIIA, including instances in which the parent executed a release under section 28 of chapter X during the pendency of that proceeding, or a guardianship proceeding…”

Falconer v. Stamps, 886 N.W.2d 23 (Mich. Ct. App. 2015). “PROBATE COURT PROCEEDINGS On October 14,2010, Intervener filed a petition in the Calhoun County Probate Court for appointment of a full *602 guardianship of the two-year-old child under MCL 700.5204(2). Intervener told the probate investigator that plaintiff and defendant lived…”

In Re Guardianship of Dpp (Mich. Ct. App. 2026). · cites it 17× “MCL 700.5204(1) permits “[a] person interested in the welfare of a minor” to “petition for the appointment of a guardian for the minor.”

in Re Guardianship of Kathleen Isabella Versalle (Mich. Ct. App. 2020). · cites it 16× “MCL 700.5204 provides in relevant part: (1) A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor.”

In Re Guardianship of Adw (Mich. Ct. App. 2024). · cites it 14× “may petition for the appointment of a guardian for the minor” under MCL 700.5204(1). Here, Amber filed a petition on September 19, 2023, when Dale was in jail serving a sentence for contempt of court and ADW was residing with Dale’s son, Jaron.”

In Re Guardianship of Bam-L (Mich. Ct. App. 2024). · cites it 11× “Notably, “MCL 700.5204 is not applicable unless a parent allows a child to permanently reside with another person and the parent does not grant legal authority to the other person.”

in Re Guardianship of Orta Minor (Mich. 2021). · cites it 9× “Under MCL 700.5204(1), an individual “interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor.”

In Re Guardianship of Luke Tarvis (Mich. Ct. App. 2022). · cites it 9× “5204(2), the court may appoint a guardian for a minor when: (a) The parental rights of both parents or the surviving parent are terminated or suspended by prior court order, by judgment of divorce or separate maintenance, 7 We are aware from the trial court’s factual findings…”

P in Re Guardianship of Aurora Beverly Ann Hoggett (Mich. Ct. App. 2022). · cites it 6× “The court, however, may only appoint a guardian for an unmarried minor when: (a) The parental rights of both parents or the surviving parent are terminated or suspended by prior court order,[23] by judgment of divorce or separate maintenance, by death, by judicial determination…”

In Re Guardianship of Lmw (Mich. Ct. App. 2024). · cites it 5× “MCL 700.5204 authorizes the probate court to appoint a guardian for a minor under certain circumstances.”

Show all 36 citing cases →

— Mich. Comp. Laws § 700.5204(1) — 6 cases

Deschaine v. St Germain, 671 N.W.2d 79 (Mich. Ct. App. 2003). “Importantly, MCL 700.5204 was preceded by MCL 700.424, which was repealed effective April 1, 2000, by 1998 PA 386 .”

In Re Guardianship of Adw (Mich. Ct. App. 2024). “may petition for the appointment of a guardian for the minor” under MCL 700.5204(1). Here, Amber filed a petition on September 19, 2023, when Dale was in jail serving a sentence for contempt of court and ADW was residing with Dale’s son, Jaron.”

in Re Guardianship of Orta Minor (Mich. 2021). “Under MCL 700.5204(1), an individual “interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor.”

P in Re Guardianship of Aurora Beverly Ann Hoggett (Mich. Ct. App. 2022). “The court, however, may only appoint a guardian for an unmarried minor when: (a) The parental rights of both parents or the surviving parent are terminated or suspended by prior court order,[23] by judgment of divorce or separate maintenance, by death, by judicial determination…”

In Re Guardianship of Lmw (Mich. Ct. App. 2024). “MCL 700.5204 authorizes the probate court to appoint a guardian for a minor under certain circumstances.”

— Mich. Comp. Laws § 700.5204(1)(a) — 1 case

— Mich. Comp. Laws § 700.5204(2) — 7 cases

Unthank v. Wolfe, 763 N.W.2d 287 (Mich. Ct. App. 2008).

Tina Veneskey v. Michael Keith Sulier (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 700.5204(2)(a) — 3 cases

In Re Guardianship of Luke Tarvis (Mich. Ct. App. 2022). “5204(2), the court may appoint a guardian for a minor when: (a) The parental rights of both parents or the surviving parent are terminated or suspended by prior court order, by judgment of divorce or separate maintenance, 7 We are aware from the trial court’s factual findings…”

In Re Guardianship of Aurora Beverly Ann Hoggett (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 700.5204(2)(b) — 16 cases

Deschaine v. St Germain, 671 N.W.2d 79 (Mich. Ct. App. 2003). “Importantly, MCL 700.5204 was preceded by MCL 700.424, which was repealed effective April 1, 2000, by 1998 PA 386 .”

In Re Guardianship of Dpp (Mich. Ct. App. 2026). “MCL 700.5204(1) permits “[a] person interested in the welfare of a minor” to “petition for the appointment of a guardian for the minor.”

in Re Guardianship of Kathleen Isabella Versalle (Mich. Ct. App. 2020). “MCL 700.5204 provides in relevant part: (1) A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor.”

In Re Guardianship of Bam-L (Mich. Ct. App. 2024). “Notably, “MCL 700.5204 is not applicable unless a parent allows a child to permanently reside with another person and the parent does not grant legal authority to the other person.”

— Mich. Comp. Laws § 700.5204(2)(c) — 1 case

In Re Guardianship of Am (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 700.5204(2)(c)(ii) — 1 case

In Re Guardianship of Am (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 700.5204(3) — 2 cases

Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009). “Before establishing a limited guardianship, however, the parent must also be informed that, if he fails without good cause to comply with the placement plan, his parental rights may be terminated under the Juvenile Code.”

— Mich. Comp. Laws § 700.5204(5) — 5 cases

In Re Guardianship of Lmw (Mich. Ct. App. 2024). “MCL 700.5204 authorizes the probate court to appoint a guardian for a minor under certain circumstances.”

in Re Erber Guardianships (Mich. Ct. App. 2017).

In Re K Shockley-Wagner Minor (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 700.5204(b) — 1 case

In Re Guardianship of Lucas Moreales Velasquez (Mich. Ct. App. 2022).

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