Newaygo, MI asked in Family Law for Michigan

Q: 2 family members petition for guardianship of incapacitated person will both petitions be thrown out and given..

If 2 family members (1 sibling and 1 grandchild) petition for guardianship of an incapacitated individual will the court throw out both petitions and give guardian to a 3rd party because "family is fighting over the person"

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: No. The court will hold a hearing to determine which person, if either, is most suited to be the guardian. It could be the case that the court finds neither person suitable, if which case, yes, a third party may be appointed.

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