Minor Guardianship Checklist

This list is for informational purposes.  It is not a substitute for legal advice.  The Probate Court staff cannot give you legal advice and cannot tell you what to do.  If you have legal questions, you should speak with an attorney.

Filling Fee
$175.00 plus $11.00 for Certified Letters of Guardianship


Forms                 


  • Minor Guardianship Social History - Full Legal Names Must be used - PC 670
  • Petition for Appt. of Guardian of Minor - PC 651 - OR
  • Petition for Appt. of Limited Guardian - PC 650 – along with Limited Guardianship Placement Plan - PC 652 For a limited guardianship, only the custodial parent(s) can petition
  • Death Certificate
  • Acknowledgement of Paternity, if applicable
  • Child Support/Custody Order
  • Notice of Hearing - PC 562
  • Declaration of Intent to Give Notice by Publication - PC 617 - Used if the address for an interested party is unknown
  • Publication of Notice of Hearing - PC 563 - Used if the address for an interested party is unknown
  • Proof of Service - PC 564
  • Acceptance of Appointment - PC 571
  • Personal Identifying Information Form - MC 97
  • Personal Identifying Information Addendum - MC 97a


After the guardian is appointed

  • Annual Report of Guardian on Condition of Minor - PC 654 This is due annually on the date of the anniversary of the appointment
  • Proof of Service - PC 564
  • Order for Investigation – Once a petition for guardianship is filed, the Court will order an investigation conducted by the Probate Court and a report will be filed prior to the hearing.

Interested Persons
The interested persons need to be listed on the petition, along with their proper address with phone number.  If an interested person is not included or is not properly served, the hearing cannot be held.  Per MCL 700.5213 and MCR 5.125(C)(20) the following people must be served with the Notice of Hearing:

  • The minor, if 14 years or older (must be personally served);
  • Anyone the minor lived with for the past 63 days before the petition was filed;
  • The minor’s parents; if the parents are not living, then the minor’s grandparents and the adult heirs of the minor
  • Proposed guardians;
  • The guardian or conservator appointed in another state to make decisions for the minor, if applicable
  • Additional interested persons per MCR 5.125(A), may include
    • Veteran’s Affairs if the individual is receiving benefits
    • Any guardian, conservator, or guardian ad litem for an interested person; Any attorney who has filed an appearance
    • Any special fiduciary’
    • Any person who has filed a request for notice
    • If the minor is an Indian child, the minor’s tribe and the Indian custodian, if any, and if the parent, custodian, or tribe is unknown, the Secretary of the Interior.

Service

The Petitioner must serve a copy of the Petition and Notice of Hearing on the person to be protected and all interested persons.  The interested parties must be served 14 days prior to the hearing if served by mail, or 7 days prior to the hearing if served personally.  The Petitioner must then submit a Proof of Service PC 564 prior to the hearing date confirming all interested persons were served.  If all interested persons did not receive proper service, the Judge may dismiss the petition or adjourn the hearing to a later date.  Proper notice of the new hearing date will then have to be served on the interested persons by the Petitioner.

Publication may be completed for interested persons whose address or whereabouts are unknown per MCR 5.105(A)(3).  In such situations, the Petitioner must complete PC 617 – Declaration of Intent to Give Notice by Publication and PC 563 – Publication of Notice of hearing.  The notice must be published in a Lapeer County newspaper once at least 14 days prior to the hearing. The publication fee is paid directly to the newspaper.  For more information on the publication, my may wish to contact the newspaper directly.  The newspaper will provide the Petitioner with a Proof of Publication, which the Petitioner must file with the Court prior to the hearing.

An interested person can waive notice of a hearing and consent to the relief requested in the petition by completing PC 561 Waiver/Consent.


Hearing Date
The petition will be set for a hearing by the Court, which will typically be held 4/6 weeks from the date of filing.  The petitioner must attend the hearing or the petition will be dismissed.


Attorney for the Petitioner
The law regarding guardianships can be complex, and the court personnel cannot give legal advice or act as the attorney. Failure to understand the applicable law and court rules is not an excuse for non-compliance.  Therefore, it is recommended the Petitioner seek the advice of an attorney.  This informational packet and forms are provided to help you understand the procedure involved.  It is not a complete statement of the law and it is not intended to teach you the law.  If you have legal questions you will need to speak with an attorney.


Definitions & FAQs