FILING PROCEDURES - LIMITED MINOR 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 minor limited guardianships and may be useful as a guide.  If you have any questions, consider contacting an attorney for assistance.

 

 

Filing Fee

$175.00 per child.

 

Forms Used

PC 650, Petition for Appointment of Limited Guardian of Minor (Note: Please provide the date of birth of the proposed guardian, if available.)

PC 652, Limited Guardianship Placement Plan

PC 571, Acceptance of Appointment

PC 654, Annual Report of Guardian on Condition of Minor (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. 

Who can File

Only the CUSTODIAL PARENT(S) of the child can file a Limited Guardianship Petition.  If there are two custodial parents, both must sign the petition.  If someone other than the custodial parent(s) wants to become guardian of a minor, the person must file a petition for full guardianship. 

 

Placement Plan

The custodial parent(s) must also file a Limited Guardianship Placement Plan (PC 652) with the petition.  The plan must include information on the following:  

 

  1. Reason(s) for limited guardianship.
  2. Visitation and contact by parent(s) sufficient to maintain parent\child relationship.
  3. Length of limited guardianship.
  4. Financial support for minor.
  5. Any other provisions parties agree to include. 

 

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 limited guardian of a minor are:

  1. The minor, if 14 years of age or older,
  2. If known, each person who had the principal care and custody of the minor during the 63 days before the petition was filed,
  3. The parents of the minor or, if neither of them is living, any grandparents and the adult presumptive heirs of the minor, and
  4. The nominated guardian.

 

IN GUARDIANSHIP CASES, IF A PARTY IS INCARCERATED UNDER THE JURISDICTION OF THE MICHIGAN DEPARTMENT OF CORRECTIONS, THEIR NAME, ADDRESS, AND PRISONER NUMBER MUST BE LISTED ON THE PETITION.  TO OBTAIN THIS INFORMATION, CALL (517) 373-0284 OR CLICK ON http://mdocweb.state.mi.us/OTIS2/otis2.html

 

 

 

Hearing Date

Your Petition will be set for hearing by the Court.  If all the interested persons are present when the petition is filed, a hearing may be held immediately.  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/ Attorney

The Court may appoint a Guardian ad Litem (GAL) to investigate the situation and make a recommendation to the court prior to the hearing. 

 

The GAL is not an employee of the court but a licensed practicing attorney assigned by the court. 

 

 

 

 

 

Rev. 3/17