Minor-guardianship proceeding; MCL 700.5204(2)(b); Appellate jurisdiction; MCR 5.801(A); In re Guardianship of Bazakis; A probate court’s authority to order visitation between a ward & his or her relatives; In re ADW; Distinguishing between the probate court’s legal authority & its subject-matter or personal jurisdiction

Holding that the probate court lacked legal authority to order and enforce sibling visitation, the court reversed and remanded. Respondents adopted the children, but their relationship with one of the children broke down and he was eventually placed in the care of petitioner, his great aunt, who sought appointment as his guardian and sibling visitation. The probate court appointed her as guardian and ordered respondents to permit and facilitate sibling visitation. On appeal, as a preliminary matter, the court found it had “jurisdiction to review whether the probate court erred by ordering enforcement of the” order. Turning to the merits, it then agreed with respondents that “the probate court abused its discretion because it lacked authority to order—and consequently, enforce—sibling visitation.” It noted that “ADW makes clear that a probate court in a minor-guardianship proceeding does not have legal authority to order sibling visitation. As such, the probate court abused its discretion when it entered an order enforcing sibling visitation” in this case. “In ADW, it is clear that this Court was concerned about the probate court’s legal authority with regard to sibling visitation, not its subject-matter or personal jurisdiction, and we conclude that this is the proper framework for assessing the issue in this case.”