Filing Procedures -

Adult Guardianships

 

Note:  The Court is prohibited by law (Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing legal advice and completing forms.  This item provides general information concerning the filing procedures for adult guardianships and may be useful as a guide.  If you have any questions, consider contacting an attorney for assistance.

 

 

Filing Fee

$175.00

 

 

Forms Used

PC 625, Petition for Appointment of Guardian of Incapacitated Individual

PC571, Acceptance of Appointment

PC634, Annual Report of Guardian on Condition of Legally Incapacitated Individual (Note: This form is used after a guardian is appointed and must be filed each year.)

Forms may be found at Michigan Court - Court Forms where you can search for a specific form number (i.e. pc571). A list of probate forms is available at the Numerical Index of Probate Court Forms page.

 

Service

Publication is required for persons whose address or whereabouts are unknown.  The legal newspaper fee (currently $80.25) is paid to the Detroit Legal News when the petition is filed.  For more information on publication, you may wish to contact:  

 

Detroit Legal News
1409 Allen Dr., Suite B

Troy, Mich. 48083

(313) 409-6398

 

Interested Persons

The interested persons need to be listed on the petition, along with their proper address.  If an interested person is not included or is not properly served, the hearing cannot be held.  The interested persons in a petition for appointment of a guardian of a legally incapacitated individual are:

1. The alleged legally incapacitated individual,

2. If known, a person named as attorney in fact under a durable power of attorney,

3. The alleged legally incapacitated individual's spouse,

4. The alleged legally incapacitated individual's adult children and the individual's parents,

5. If no spouse, child, or parent is living, the presumptive heirs of the individual,

6. The person who has the care and custody of the alleged legally incapacitated individual, and

7. The nominated guardian.

Note: The petition must include specific facts about the adult's condition and examples of the adult's recent conduct that demonstrates the need for the appointment of a guardian. 

 

Hearing Date

Your Petition will be set for hearing by the Court.  Typically, the hearing date is 4-6 weeks after the petition is filed.  Your Hearing Reminder form displays the correct date, time, place, and assigned Judge.  You, the Petitioner, must attend the hearing or your Petition will be dismissed. 

 

Guardian ad Litem

The court must, by law, appoint a Guardian ad Litem (GAL) to represent the interest of the alleged legally incapacitated individual unless the person has his/her own attorney.  It will be the GALís responsibility to visit the person and make a recommendation as to whether or not a guardian is needed. 

 

The GAL is not an employee of the court but a licensed practicing attorney appointed by the court.  If there is no conservatorship, or there are no funds in the conservatorship, the county will be billed for the legal services of the Guardian ad Litem.  

 

Attorney

If the person alleged to be legally incapacitated objects to the petition, the guardian ad litem must report this to the court.  The court must then remove the guardian ad litem and appoint an attorney to represent the subject of the petition.  The attorney will appear at the hearing to represent the alleged legally incapacitated individual.

 

 

 

Rev. 3/17