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

 

 

Filing Fee

$150.00 per child

Note: This fee may be waived if the person filing for Guardianship can show they are indigent (i.e., petitioner needs to show a current Medicaid card in own name). 

 

Forms Used

PC 651, Petition for Appointment of Guardian of Minor

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.)

 

Service

Publication is required for persons whose address or whereabouts are unknown.  The legal newspaper fee (currently $69.50) 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) 961-6435

 

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 www.state.mi.us/mdoc/asp/otis2.html

 

 

When Full Minor

Guardian can be Appointed

 

A full guardian can be appointed for a minor under one of these situations:

  1. Parental rights of both parents or surviving parent have been terminated or suspended by prior court order, judgment of divorce or separate maintenance, death, adjudication of mental incompetency, disappearance, or imprisonment.
  2. Parent(s) have permitted the minor to reside with another person and have not provided the other person with legal authority for the minor’s care and maintenance and the minor is not residing with their parent(s) when the petition is filed. 
  3. Minor’s biological parents have never been married to each other, the custodial parent dies or is missing and the other parent has not been given legal custody, and the nominated guardian is related to the minor within the fifth (5th) degree by marriage, blood, or adoption.  

 

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/ 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. 

 

 

Location/Hours of Court

 

Rev. 12\08