How Do I Name a Guardian for My Minor Children in Michigan?

See how a parent names a guardian for their minor children in Michigan, what weight the court gives your choice, and your options for temporary care.

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Naming a Guardian in Michigan

Where you name one: A will or a separate signed writing
What it takes to sign: Your signature and 2 witnesses
Official form: None
Age of majority: 18

What the Court Does With Your Choice

Weight given to your nomination: Priority, subject to best interest
Your child's own preference: Child 14+ may choose

Name a guardian alongside the rest of your plan, and set aside how your children's inheritance is managed until they are grown.

Create a Revocable Trust in 15 minutes

Temporary Care Without Going to Court

Power of Attorney Delegating Parental Powers (delegation of care of a minor)

Any adult · up to 6 months · no custody transfer

Who Cannot Serve as Guardian

Michigan uses a best-interest and suitability standard rather than a fixed list of bars — the court can decline anyone it finds unsuitable to serve.

This guide summarizes state guardian-designation statutes and is not legal advice. Rules vary by state and locality. Consult a licensed attorney for guidance specific to your family's situation.

Frequently Asked Questions

In Michigan, a parent names a guardian for a minor child in a will or a separate signed writing (MCL 700.5202, 700.5204). It needs your signature and 2 witnesses. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest finding (MCL 700.5202, 700.5204).

Yes. Michigan recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Michigan allows a Power of Attorney Delegating Parental Powers (delegation of care of a minor) (MCL 700.5103): any adult can be authorized for a limited time (up to 6 months) without transferring custody.

In Michigan, a child 14 or older may choose their guardian, subject to the court's approval (MCL 700.5203, 700.5212).

Michigan uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (MCL 700.5212)

Naming a Guardian in Michigan

In Michigan, the age of majority is 18. Until a child reaches it, a parent may name a guardian in a will or a separate signed writing.

When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest finding. A backup guardian named in the same document applies if the first choice cannot serve.

Michigan recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nomination. For short-term needs, Michigan allows a Power of Attorney Delegating Parental Powers (delegation of care of a minor), under which any adult can be authorized for a limited time (up to 6 months) without transferring custody.

A child's own wishes: a child 14 or older may choose their guardian, subject to the court's approval.

A last will is the standard place to name a guardian, and a revocable living trust sets aside how a child's inheritance is managed until they are grown.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Michigan statutes and official state code. How we research.

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