Guardianships

Generally, a person that needs guardianship is someone who is incapacitated enough to need a someone else to care for their needs. Under MCL 700.5306, the Court may appoint a guardian if the Court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual. Under MCL 700.1105(a), "Incapacitated individual" means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.

Click “What you need to know” to learn more about Guardianships.

Click “Probate Filing Procedure” for Guardianships.

Adult Guardianships

Petition for an Adult Guardianship

Petition for Appointment of Guardian of Incapacitated Individual - PC 625

Acceptance of Appointment - PC 571

Proof of Service - PC 564

Report of Physician/Mental Health Professional - PC630

Notice of Rights to Alleged Incapacitated Individual - PC626

Protected Personal Identity Information - MC 97

Addendum to Protected Personal Identifying Information - MC 97a

The Court appoints a Guardian Ad Litem (GAL) to interview all persons who are the subject of a petition for guardianship before the appointment is made, to determine if the person understands the proceedings or has any objections. They also interview them periodically after the appointment to determine if they are being cared for properly.

Forms Required to be Filed Annually by the Guardian of an Adult

Use the following document after a guardian is appointed. This must be filed each year and can be mailed to Probate Court at the address in the left navigation pane. There is no fee to file this document.

Annual Report of Guardian on Condition of Legally Incapacitated Individual - PC 634

Forms to Modify or Terminate an Adult Guardianship

The Filing Fee to petition to modify or terminate each adult guardianship case is $20.00. Include the filing fee with the following document and mail it to the address given above. It is then the petitioner’s responsibility to complete a notice of hearing when the court is open. In the case that the court is closed, a completed copy of the notice of hearing will be sent to the petitioner.

Petition to Terminate/Modify Guardianship - PC 675

Minor Guardianships

Depending on the type of case, you will need to follow specific steps to file in each of the following circumstances:

• You are seeking to gain a limited guardianship,

• You are seeking to gain a full guardianship, or

• You are seeking to modify or terminate a guardianship.

In all cases, the Court will appoint Child Protective Services to investigate guardianships involving minor children and report to the court their recommendation as to the appointment of the guardian and the best interest of the minor. The following will outline the forms, in order, that need to be filed in each case.

Per MCL 700.5204(2), the Court may appoint a guardian for an unmarried minor if any of the following situations exist:

• The parental rights of both parents or of the surviving parent have been terminated or suspended by death, disappearance, confinement in a place of detention, judicial determination of mental incompetency, a previous court order other than an order appointing a limited guardian of the minor, or a judgment of divorce or separate maintenance; OR

• The parent(s) have permitted the minor to reside with another person, but have not provided that other person with legal authority for the care and maintenance of the minor, and the minor is not residing with the parent; OR

• The biological parents of the minor were never married to each other, and the custodial parent has died or disappeared, and the other parent has not been granted legal custody by court order. (Under this situation, the proposed guardian must be related to the minor within the fifth degree by marriage, blood, or adoption).

Also, under MCL 700.5205, a custodial parent can petition the Court to have a Limited Guardian appointed for their minor child. In those situations, the parent is voluntarily agreeing to the suspension of parental rights and a Limited Guardianship Placement Plan must be filed.

Forms to Petition for a Limited Guardian of a Minor

Only a parent with physical custody of the child can gain a limited guardianship. In a limited minor guardianship, the guardian may not consent to marriage or to adoption of the minor.

The custodial parent(s) must sign the first two forms listed below (forms PC 650 and 652) and ATTEND THE HEARING UNLESS EXCUSED BY THE JUDGE.

The following forms must be completed:

Petition for Appointment of Limited Guardian of Minor - PC 650

Limited Guardianship Placement Plan - PC 652

Minor Guardianship Social History - PC 670

Forms to Petition for a Guardianship of a Minor

A full minor guardianship suspends the parent’s rights and transfers authority to a guardian. It may be initiated by anyone as long as certain criteria are met. In a full minor guardianship, the guardian may consent to marriage or adoption.

The following forms must be completed:

Petition for Appointment of Guardian of Minor - PC 651

Minor Guardianship Social History - PC 670

Acceptance of Appointment - PC 571

Forms Filed Annually in a Minor Guardianship

File the following form annually within 56 days after your anniversary date starting 1 year after your appointment. Fill it in completely, including the specific reporting period dates and your complete name, address, and telephone number. There is no fee for filing this form.

Annual Report of Guardian on Condition of Minor - PC 654

Forms to Modify or Terminate a Minor Guardianship - Full/Limited

The Filing Fee to petition to modify or terminate each minor guardianship case is $20.00. Complete the following documents to ask the court’s permission to modify or close a case. Mail the documents to the court address with the filing fee included, and the matter will be set for a hearing.

Petition to Terminate/Modify Guardianship - PC 675

If you are filing a petition to modify the guardianship to add another guardian or replace the current guardian(s), you must complete the following as well as the Petition :

Minor Guardianship Social History - PC 670

Developmental Disability (DD) Guardianships

When petitioning for guardianship of an individual with a developmental disability, a report containing an evaluation of the individual’s mental, physical, social, and education condition, adaptive behavior, and social skills must be submitted with the petition. Any of these evaluations must have been performed within the last year and one of the individuals conducting the evaluations must be a physician or psychologist who is competent in evaluating individuals with developmental disabilities. In addition, one of the individuals who completed the report must testify at the court hearing.

List of Independent Evaluators This is for guardians for developmentally disabled persons.

Complete the following forms: 

Petition for Appoint of a Guardian, Individual with Alleged Developmental Disability - PC658

Report to Accompany Petition - PC659