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What can make someone ineligible to be appointed an adult guardian in Michigan?

Dearborn, MI |

two children want to be guardian over a parent, what can make one child get appointed over the other, does misdemeanors and a felony have anything to do with it

Attorney Answers 4


  1. Criminal convictions can have a lot to do with it. So can education, experience, character, etc.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. It certainly could. Being a guardian puts someone in a position of trust over another, and if that person cannot obey the law, it calls into question their ability to fulfill the duties and responsibilities that come with being in charge of another person's affairs.


  3. Courts have a lot of discretion in this and will do a full inquiry. It is there object to discover what would be in the best interest of the protected individual. Obviously crimes can be an important part of this. Relationship with the parent. Living situation. Level of responsibility and education. Who the parent would choose. There are a lot of factors a court will consider.


  4. I agree with my colleagues. While I know of no express statutory bar for someone with a criminal background to serve as guardian for their parent, this is certainly going to be a major red flag for the judge. Probate judges are under a great deal of pressure and scrutiny due to the large number of crimes that are committed against vulnerable individuals. While the court has no direct control or supervision over these cases, there have been SEVERAL instances where judges have been removed from the bench because of these situations happening, "on their watch." So these appointments are something taken very seriously by judges.

    What the crime involved would certainly have an impact, as well.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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