Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.5205 (2026)

Court appointment of limited guardian; requirements.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5205 Court appointment of limited guardian; requirements.

Sec. 5205.

    (1) The court may appoint a limited guardian for an unmarried minor upon the petition of the minor's parent or parents if all of the following requirements are met:

    (a) The parents with custody of the minor consent or, in the case of only 1 parent having custody of the minor, the sole parent consents to the appointment of a limited guardian.

    (b) The parent or parents voluntarily consent to the suspension of their parental rights.

    (c) The court approves a limited guardianship placement plan agreed to by both of the following parties:

    (i) The parents with custody of the minor or, in the case of only 1 parent having custody of the minor, the sole parent who has custody of the minor.

    (ii) The person or persons whom the court will appoint as the minor's limited guardian.

    (2) A minor's parent or parents who desire to have the court appoint a limited guardian for that minor and the person or persons who desire to be appointed limited guardian for that minor must develop a limited guardianship placement plan. The parties must use a limited guardianship placement plan form prescribed by the state court administrator. A limited guardianship placement plan form must include a notice that informs a parent who is a party to the plan that substantial failure to comply with the plan without good cause may result in the termination of the parent's parental rights under chapter XIIA of 1939 PA 288, MCL 712A.1 to 712A.32. The proposed limited guardianship placement plan shall be attached to the petition requesting the court to appoint a limited guardian. The limited guardianship placement plan shall include provisions concerning all of the following:

    (a) The reason the parent or parents are requesting the court to appoint a limited guardian for the minor.

    (b) Parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship.

    (c) The duration of the limited guardianship.

    (d) Financial support for the minor.

    (e) Any other provisions that the parties agree to include in the plan.

History: 1998, Act 386, Eff. Apr. 1, 2000

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Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 2005–2026 · leading case: In Re Utrera, 761 N.W.2d 253 (Mich. Ct. App. 2008).
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In Re Utrera, 761 N.W.2d 253 (Mich. Ct. App. 2008). · cites it 3× “Roach as the limited guardian for the minor child pursuant to MCL 700.5205, because respondent lacked housing.”
Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009). · cites it 4× “MCL 700.5205(2). A parent has the right to petition to terminate the limited guardianship under MCL 700.”
In Re Bz, 690 N.W.2d 505 (Mich. Ct. App. 2005). “(3) Whose parent has substantially failed, without good cause, to comply with a limited guardianship placement plan described in section 5205 of the estates and protected individuals code, 1998 PA 386 , MCL 700.5205, regarding the juvenile. (4) Whose parent has substantially…”
in Re G H Stout Minor (Mich. Ct. App. 2020). · cites it 3× “2(b)(4) because the most important part of the guardianship plan was to provide the child with a stable home environment and “put the least responsibility on” respondent.”
In Re I B Gillmore Minor (Mich. Ct. App. 2026). · cites it 3× “MCL 700.5205, regarding the juvenile.” Respondent argues that she did not substantially fail to comply with the limited-guardianship plan because she exercised parenting time until petitioner unilaterally terminated it.”
in Re Lanning Minors (Mich. Ct. App. 2017). “5103, and had been appointed the children’s limited guardian under MCL 700.5205. It is undisputed that the children lived with Miller and not with respondents at the time the petition was filed and there was no allegation that Miller’s home was an unfit place for the children to…”
in Re Lanning Minors (Mich. Ct. App. 2017). “5103, and had been appointed the children’s limited guardian under MCL 700.5205. It is undisputed that the children lived with Miller and not with respondents at the time the petition was filed and there was no allegation that Miller’s home was an unfit place for the children to…”
in Re H J Haff Minor (Mich. Ct. App. 2018). “] -1- See also MCL 700.5205(2)(b) (requiring that a limited guardianship placement plan include a provision concerning “parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship”).”
in Re H J Haff Minor (Mich. Ct. App. 2018). “In January 2015, HH’s mother died, leaving HH in the care of her legal guardian.”
in Re H J Haff Minor (Mich. Ct. App. 2018). “] -1- See also MCL 700.5205(2)(b) (requiring that a limited guardianship placement plan include a provision concerning “parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship”).”
in Re H J Haff Minor (Mich. Ct. App. 2018). “In January 2015, HH’s mother died, leaving HH in the care of her legal guardian.”
in Re Guardianship of Orta Minor (Mich. 2021). “See MCL 700.5205. As that form of guardianship was not at issue in this case, my discussion is limited to full guardianships.”
Show all 14 citing cases →
— Mich. Comp. Laws § 700.5205(2) — 1 case
Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009). “MCL 700.5205(2). A parent has the right to petition to terminate the limited guardianship under MCL 700.”
— Mich. Comp. Laws § 700.5205(2)(b) — 2 cases
in Re H J Haff Minor (Mich. Ct. App. 2018). “] -1- See also MCL 700.5205(2)(b) (requiring that a limited guardianship placement plan include a provision concerning “parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship”).”
in Re H J Haff Minor (Mich. Ct. App. 2018). “] -1- See also MCL 700.5205(2)(b) (requiring that a limited guardianship placement plan include a provision concerning “parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship”).”
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