Order Following Hearing to Terminate Minor Guardianship

Darren Findling of The Probate Pro discusses the process of obtaining an Order Following Hearing to Terminate Minor Guardianship.

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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.

the order following termination of a limited guardianship of a minor hi i'm darren findlay of the probate pro we're going to examine scale forum pc657 scao stands for state court administrative office pc is probate court and this is form 657 is reflected by the yellow arrow in the bottom left corner with all of these scale forms they are created by various statutes and court rules and as you can see from the arrow on the bottom right mcl 700.5209 mcl 700.5217 mcl 700.5219 and the court roll mcr 5.404 e give rise to this particular form and with orders as opposed to petitions this is following the court having made a ruling so if you think about typical motion practice a petition or motion is filed with the court it is served upon the interested persons there's a notice of hearing and then ultimately there's a court hearing in which there's an adjudication by the court this would be following a petition to terminate a minor guardianship and this would be the order that would then arise by virtue of the hearing and the adjudication by the judge so it's an order following a hearing on a minor guardianship so let's work our way through the order itself the top left corner is the county in the top right corner is the file or case number at the top section in the matter of just simply states the name of the minor upon which there is a guardianship in place the date of the hearing and then the judge and with all orders there has to have been notice of hearing given by or waived to the interested parties that are a part of the stat part of the case and those are defined by statute and court rule now again with all orders the court has to make findings the court can't just simply you know flip a coin and say we're going to terminate the court has made findings of fact and conclusions of law on the record to support the ruling that is now made into a court order and here are the findings of the court here for section 4 if there's a limited guardianship that would box would be checked section a is whether the parents have substantially complied with that limited guardianship plan and with a limited guardianship there's a plan that is on paper that has to be complied by by the parent or parents for purposes of reintegrating and terminating that guardianship section b is that the parent of the minor has not substantially complied with limited guardian placement plan it is in the best interest of the minor that the guardian should be continued or terminated so again some flexibility in the document depending on the circumstances whether the guardianship would just continue following a petition to terminate or whether termination is appropriate number five this is a full guardianship so again four would relate to limited guardianships and five would relate to a guardianship that was established as a full guardianship and to understand the difference between a limited guardianship and full guardianship is really just in the word fall limited full means full authority there is a more longevity planned with the guardianship versus limited is based on limit in restrictions and scope and the idea of a limited guardianship is that there's a guardianship plan that if if complied with or substantially complied with cause for the termination of the guardianship more short term or duration so in section five this is a full guardianship it is in the best interest of the guardianship for it to again be either continued or terminated so the court is flexibility in the findings with the use of the scale form six the miners resided with the guardian for more than one year and the parents have provided the minor with the parental care love guidance and attention appropriate for the child a substantial disruption the parent-child relationship has resulted and there's clear and convincing evidence that is in the best interest of minor to continue the guardianship again kind of a broad finding based on the