Taylor, MI asked in Probate for Michigan

Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf of Matthew's mother, against another one of the petitioner's progeny, he was incarcerated. Later, she went to press charges against Mathew and family after a violent unprovoked attack against his mother. Wasn't this grounds to disqualify as guardian and reject the petition, because of the animosity and violent history?! Guardian separated ward from a protective mother, violence was inflicted upon him until he died.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: This is FAR too complicated and fact specific to provide any general guidance. You need to talk with a local guardianship attorney.

Additionally, something doesn't ring true: "granted a protective order against the petitioners progeny"

Courts don't grant protective orders against a class of individuals -- only a specific individual. It is part of living in a free society that you don't get punished for someone else's acts. You've either misunderstood something or been lied to about things.

Get some local legal advice!

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