Michigan Petition for Appointment of Guardian of Minor

State:
Michigan
Control #:
MI-PC-651-0
Format:
PDF
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Description

Petition for Appointment of Guardian of Minor

The Michigan Petition for Appointment of Guardian of Minor is a legal document that must be filed in the probate court in order to appoint a guardian for a minor. The petition must be accompanied by a certificate of medical necessity, a plan for the guardianship of the minor, and a consent form signed by the minor’s parents. The petition can be filed by a parent, legal custodian, or any other person who believes that the minor requires a guardian. There are two types of Michigan Petition for Appointment of Guardian of Minor: a petition for guardianship of the person and a petition for guardianship of the estate. The guardianship of the person provides for the care, custody, and control of the minor’s person and the guardianship of the estate provides for the management of the minor’s assets and money.

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FAQ

Developmental disability. ? Court appoints a partial or plenary guardian ? An individual who possesses legal rights and powers. of a guardian of the person, or of the estate, or both. ? Partial guardian is preferred (MCL 330.1602(2))

The parent of an unmarried minor may appoint a guardian for the minor by Will or another writing signed by the parent and attested by at least 2 witnesses. If by Will, the acceptance should be filed where the Will has been probated.

Filing a Petition for Full Adult Guardianship A judge will appoint a guardian only if the condition of the adult fits specific requirements. The specific conditions that must be met are found in form PC 625, which is available at your local probate court or at .courts.mi.gov/ formssearch.

The parent of an unmarried minor may appoint a guardian for the minor by Will or another writing signed by the parent and attested by at least 2 witnesses. If by Will, the acceptance should be filed where the Will has been probated.

If a parent leaves a child in the home of a grandparent for an extended period of time, without any legal authority (ex power of attorney), then a grandparent can petition the Court for a guardianship to assume legal authority over the child. The guardianship can be temporary, limited or full.

The filing fee for a Guardianship is $175.00 per Petition plus $12.00 for certified Letters of Guardianship. If you are filing for two people, such as both parents, it will cost $350.00 plus $24.00 for the certified copies. If you cannot afford the filing fee, you can ask for a fee waiver.

The key difference is that guardianship is generally awarded by the court, while the owner of the estate plan appoints a power of attorney. If you have any questions about creating a guardianship and/or a power of attorney, our firm is here to help.

A full guardian of a minor in Michigan has the same rights and responsibilities as a parent: care, custody, and control of the minor child.

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Michigan Petition for Appointment of Guardian of Minor