Michigan — How to Sign and Use Your Guardian Appointment

Read this before you sign. Do not sign the document until you have two witnesses in the room with you. Do not staple this sheet to the signed document.

What you just created

Michigan law lets a parent appoint a guardian for a minor child by a writing signed by the parent and attested by at least two witnesses. That is what this document is. It is stronger than a bare wish: a guardian appointed this way has priority over a guardian the court would otherwise choose.

Signing — do it in this order

• Find two witnesses, each 18 or older. They should not be anyone you named as guardian. A neighbor or coworker is ideal.
• All three of you in the same room at the same time. You sign first, in blue ink, while they watch.
• Each witness then prints their name and address and signs, while you watch.
• A notary is optional. Michigan does not require one for this document, but it helps if you ever move or the document is read outside Michigan. If you want it notarized, do everything above in front of the notary.
• Do not remove, add, or re-order pages after signing.

Two things that can limit this document

• It becomes effective when your appointed guardian files an acceptance with the court, and only if both parents have died or been adjudged legally incapacitated, or the surviving parent has no parental rights or is legally incapacitated. If the other parent is alive and has parental rights, that parent comes first.
• A child who is 14 or older can object to the person you appointed, and that objection can prevent or nullify the appointment. If you have a teenager, talk to them about your choice now.

What this document does not do

• It does not cover the first few hours. If you are in an accident tonight, nobody has filed anything with a court yet. For that gap, Michigan lets you sign a separate power of attorney delegating your parental powers for up to 180 days. Ask us about it it needs re-signing about twice a year.
• It does not say who manages money left to your children, and it does not have to be the same person raising them.
• It is not a will and does not leave anyone any property.

Where it goes

• Keep the signed original somewhere a family member can reach it, not a safe deposit box only you can open.
• Give copies to each person you named, and to your children's school and pediatrician.
• Tell your witnesses to expect a call someday. They may be asked to confirm they watched you sign.

Update it when

• You have another child, move to another state, marry, or divorce.
• Someone you named moves, has a health change, or you change your mind.
• Otherwise every two years.

This sheet explains a document; it is not legal advice about your situation, and preparing this form does not by itself create an attorney-client relationship.