Minor Guardianships
This page is for informational purposes. It is not a substitute for legal advice. The Cass County 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.
- Filing Fee
- Forms Used
- Order for Investigation
- Interested Persons
- Service
- Hearing Date
- Terms and Definitions
- Attorney for the Petitioner
- Frequently Asked Questions
- Responsibilities of a Guardian
- Statutes, Court Rules and Legal Resources
$175, plus $12 for Certified Letters of Guardianship
- PC 670 — Minor Guardianship Social History
- PC 651 — Petition for Appt. of Guardian of Minor, OR
- Death Certificate, if parent(s) are deceased
- Acknowledgement of Paternity, if applicable
- Child Support/Custody Order
- PC 562 — Notice of Hearing
- PC 617 — Declaration of Intent to Give Notice by Publication
- Used if the address for an interested party is unknown.
- PC 563 — Publication of Notice of Hearing
- Used if the address for an interested party is unknown.
- PC 564 — Proof of Service
- PC 571 — Acceptance of Appointment
- MC 97 — Personal Identifying Information Form
- MC 97a — Personal Identifying Information - Addendum
After the guardian is appointed
- PC 653 — Order Regarding Appointment of Guardian of a Minor
- PC 633 — Letters of Guardianship
- PC 654 — Annual Report of Guardian on Condition of Minor
- This is due annually on the date of the anniversary of the appointment. Until the minor reaches the age of seven, the Court will order that the guardianship be reviewed annually.
Once a petition for guardianship is filed, the Court will order the Department of Health and Human Services to conduct an investigation and file a report with the Court.
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. 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. 6. Additional interested persons per MCR 5.125(A), may include:
- Veteranss 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.
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 that 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 Cass County newspaper once at least 14 days prior to the hearing. The publication fee is paid directly to the newspaper. For more information on publication, you may wish to contact the newspaper directly. Leader Publications is commonly used as they publish multiple papers in Cass County. 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. MCR 5.104(B)(1).
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.
Petition
The form filed with the Probate Court that tells the Court why a guardianship is needed and who should be appointed.
Petitioner
The person who signs the petition and brings the matter to the attention of the court.
Guardian of a Minor
The person appointed by the Court who has legal authority as to the care, custody, and control of the minor.
Limited Guardian
A limited guardian has care and control of the minor. However, this type of guardianship differs from a regular guardianship in that the parent(s) are the petitioners and a guardianship placement plan is agreed upon and approved by the Judge. The limited guardian’s authority will be specifically listed on the Court’s order.
Temporary Guardian
A guardian appointed by the Judge for a limited period of time, either pending the appointment of a full guardian, or when the previously appointed guardian is removed for not properly performing his/her duties. A temporary guardian may not exceed six months.
Guardian ad Litem
A person appointed by the Judge to investigate and represent the best interests of the minor.
The law regarding guardianships is complex, and the court personnel cannot give you legal advice or act as your attorney. Failure to understand the applicable law and court rules is not an excuse for non-compliance. Therefore, it is recommended that 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.
- What is full guardianship?
-
This form of guardianship may be necessary when parental duties are not vested in a person by law or court order, or when a parent is unable to effectively carry out his/her duties. One of the grounds for a guardianship for an unmarried minor must exist in order for the Court to grant the petition for a full guardian. MCL 700.5204(2)
- The parental rights of both parents or of the surviving parent have been terminated or suspended by:
- Prior court order,
- Judgement of divorce or separate maintenance,
- Death,
- Judicial determination of mental incompetency,
- Disappearance,
- Confinement in a place of detention.
- 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.
- All of the following exist:
- The minor’s biological parents have never been married to one another, and
- The minor’s parent who has custody of the minor dies or is missing and the other parent has not been granted legal custody under court order, and
- The person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.
- The parental rights of both parents or of the surviving parent have been terminated or suspended by:
- What is limited guardianship?
-
This type of guardianship can occur when the parents, custodial parent, or surviving parent voluntarily agree to suspend parental rights. MCL 700.5205. The parent(s) would be the petitioners who would file PC 650 Petition for Appointment of Limited Guardian of a Minor. A Limited Guardianship Placement Plan, PC 652, must be completed and signed by the parent(s) and the proposed guardian(s). The Probate Court Judge must approve the plan. A parent agreeing to this plan who substantially fails to comply with the plan without good cause may lose their parental rights. If appointed, a limited guardian has all the powers of a full guardian, except he/she may not release a minor for adoption, or consent to an adoption or marriage.
- What are the alternatives to a minor guardianship?
-
There are situations where a parent may execute a power of attorney to delegate to another person, for a time period not to exceed six months, the parent’s powers regarding the care, custody, or property of a minor. However, the power to consent to adoption or release a minor for adoption cannot be delegated. MCL 700.5103. The court does not have, nor does it provide, a Power of Attorney form.
- Who can file the petition and where is it filed?
-
The petition can be filed by any person interested in the welfare of the minor, or a minor who is 14 years or older. MCL 700.5204(1) and MCR 5.402(B). The proper venue for a guardianship petition is the county in which the minor resides or is present. MCL 700.5211
- What is court appointed counsel for the minor?
-
If the Court feels that the minor’s interests are not being represented adequately, an attorney may be appointed for the minor. MCL 700.5213(4).
- What if an emergency exists?
-
There are situations where the Probate Judge may appoint a temporary guardian for a period not to exceed six months. MCR 5.403(D) and MCL 700.5213. A temporary guardian may be appointed, if need be, pending the proceeding for a permanent guardian. MCR 5.403(D)(1). The petitioner would check box #7 on the petition and state, in detail, the reasons why the temporary guardian is necessary. Additionally, a temporary guardian may be appointed if the minor’s guardian is not properly performing his/her duties. MCR 5.403(D)(2). In such circumstances, the Court may hold a hearing and waive the notice period for the interested persons; however, a minor who is 14 years or older must receive notice. MCR 5.403(B).
- Who can be appointed as guardian?
-
The petitioner must nominate someone to serve as the guardian for the minor. However, the Court has discretion as to who is appointed and must appoint someone that will serve the minor’s welfare. If the minor is 14 years old and has nominated someone to serve as guardian, the Court will appoint the nominated individual, unless it is contrary to the welfare of the minor. MCL 700.5212.
- What is required of a hearing?
-
The Petitioner must attend the hearing or the petition will be dismissed. The petitioner must provide testimony and evidence establishing that the appointment of a guardian is necessary. *If a parent of the minor is incarcerated, the Court cannot grant the requested relief if the incarcerated party has not been offered the opportunity to participate in the proceedings as required by MCR 2.004. If all procedural requirements are met, and the Court is satisfied by clear and convincing evidence that the statutory grounds for appointment have been met, a guardian may be appointed. If the petition is granted, the Court will issue an Order Appointing Guardian (PC 653). Once the proposed guardian submits a signed Acceptance of Appointment (PC 571), the Judge will sign Letters of Guardianship (PC 633) that allow the guardian to act.
- What are the standard restrictions?
-
In Cass County, the Probate Court Judge typically orders in all guardianship matters that the guardian cannot consent to the marriage or adoption of the minor; cannot consent to a Power of Attorney over the minor; cannot move with the minor out of the State of Michigan without prior approval of the Court; and the guardian shall not allow the minor to reside in any other residence without prior approval of the Court.
- When does a guardianship terminate?
-
A minor guardianship will terminate automatically when the minor turns 18, marries, becomes emancipated, or dies. Additionally, a party may submit a Petition to Terminate the Guardianship (PC 675) along with a $20 filing fee to the Probate Court. The matter will then be set for hearing and interested persons must receive notice. Generally, the Court will order the Department of Health and Human Services to investigate and report to the Court as to the best interests of the minor.
- Can guardianship be monitored?
-
A Petition to Modify the Guardianship (PC 675) can be filed by any person interested in the minor’s welfare, including the minor, if 14 years or older. The petition may request, among other relief, that the current guardian be removed or allowed to resign, or to appoint a successor guardian. The matter would be set for a hearing and interested parties must receive notice. A guardian can also be removed by the Court for failing to fulfill his/her responsibilities.
Generally, the guardian of a minor has the power and responsibilities of a custodial parent. MCL 700.5215. The guardian can make decisions regarding where the minor lives and what activities he/she takes part in. The guardian has obligation to facilitate the minor’s education and consent to necessary and proper medical or other professional care for the minor. The guardian is authorized to receive money payable for support, care and education of the minor, and to conserve funds not currently needed by the minor for the minor’s future. The guardian cannot pay itself compensation out of the ward’s funds unless such compensation has been approved by the court or an independent conservator. Additionally, the court may, at any time, order reasonable support, or order visitation/contact between the minor and his/her parents, for the minor’s welfare. MCL 700.5204(5). For a full description of the powers and duties of a guardian of a minor, see MCL 700.5215.
In addition to the responsibilities the guardian has to the minor, there are also filing responsibilities to the Court. An annual report must be filed each year on the condition of the minor, (PC 654). The Court will send out a pre-notice reminder along with the necessary paperwork around the due date of the report. As a reminder of the required filings, the Court will mail the guardian a Notice of Duties after appointment. An example of this notice can be found on the last page of this handout.
*The court cannot assist the guardian in filling out the required filings. Failure to file the required paperwork can result in the suspension of the guardian’s authority.
- The Michigan Compiled Laws (MCL) that are referenced in this document can be accessed here.
- Many resources can be found on the Michigan Courts website, including the current court rules and the Probate Court forms, found here.
- State Bar of Michigan
- Legal Resource and Referral Center
- Michigan Legal Help
- Legal Aid of Western Michigan. Contact: (800) 819-0773