Probate Court

Power of Attorney & Guardianship of Minors

There are various types of arrangements available under the Estates and Protected Individuals Code when a minor needs someone other than a parent to make decisions usually made by a parent. The Estates and Protected Individuals Code is an Act adopted by the legislature to govern proceedings in Probate Court.

Power of Attorney: MCL 700.5103

A parent can execute a power of attorney delegating the parent's power regarding the case, custody, or property of a minor for a period not to exceed 6 months. A guardian of a minor may also execute a power of attorney. MCL 700.5103. If a guardian executes a power of attorney, the guardian must notify the Court within 7 days and provide the Court with the person's name, address, and telephone number.

This power is limited to the extent that it cannot include a power to release a minor for adoption or consent to adoption and marriage. The power of attorney cannot contain an automatic renewal clause. Therefore, any renewal of the power must result from another execution of the power for each period not to exceed 6 months. The Supreme Court has ruled that a power of attorney may be used to establish school residency when the child resides with a relative. Feaster v Portage Public Schools, 451 Mich. 351 (1996).

Power of Attorney is not filed with the Probate Court.

Power of Attorney for a Minor form
Power of Attorney Rescission Letter