No such proceeding / No right to counsel

Guardianship

No such proceeding.

Generally, an individual may be appointed  guardian of a child only if the parent consents (for example, the parent appoints the guardian through their will or through another signed writing “attested by at least 2 witnesses”, Mich. Comp. Laws § 700.5202[1]) or if parental rights have been terminated or suspended by prior court order.  Mich. Comp. Laws § 700.5201 (“A person may become a minor’s guardian by parental appointment or court appointment.”); see also Mich. Comp. Laws § 700.5204(2) (describing circumstances under which the court is permitted to appoint a guardian, such as where the parental rights of both parents or the surviving parent have been terminated by prior court order).

Accordingly, in terms of guardianship, the development is classified as “No such proceeding.”

Limited guardianship

Appointment of GAL for a parent who his an unemancipated minor

Mich. Ct. R. Rule 5.404(A)(4) provides, “On the filing of a petition for appointment of a limited guardian for a child whose parent is an unemancipated minor, the court shall appoint a guardian ad litem to represent the minor parent. A limited guardianship placement plan is not binding on the minor parent until consented to by the guardian ad litem.” It is not clear whether the GAL must be an attorney.

Conservatorship

No right to counsel found.

Unlike the Uniform Guardianship Conservatorship and Other Protective Arranges (UGCOPA) Act, Michigan does not appear to provide a right to counsel to objecting parents whose minor children are the subject of a conservatorship matter.  Although Mich. Comp. Laws § 700.5433 specifically speaks about the fact that “all interested persons” (which would include the child’s parents) are entitled to notice of the fact that a temporary conservator has been appointed, and the notice must also inform the parent of their right to object to the appointment, no right to counsel for objecting parents was found.