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A guardian is appointed by the probate court at the request of a concerned person (petitioner) and after a hearing is held to consider the request. To make a request to the court, a concerned person must file a request on a legal document called a petition.
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 an emergency exists, the Judge may appoint a temporary guardian at a hearing. A letter from a doctor or social worker may be required to explain the nature of the emergency. Please note that a second hearing is required.
Probate Court Filing Information Petitions and other forms are available at the court website. (probate court packets) or at the counter in the Probate Court. There is a $175.00 filing fee for guardianships.
Every year that the guardianship continues, the guardian must file with the Probate Court the Annual Report on Condition of Minor (PC 654) which updates the Probate Court on the condition of the minor. This form must be filed each year on the anniversary date of the issuance of the Letters of Guardianship.
Guardianship is a court order that allows one person to make decisions for another person. There are two types of adult guardianships in Michigan. The first is for persons described as ?legally incapacitated individuals? and the other is specifically for people with intellectual or developmental disabilities.
What is the purpose of the Guardianship Assistance Program? The purpose of the Guardianship Assistance Program (GAP) is to provide financial support to ensure permanency for children who may otherwise remain in foster care until reaching the age of majority (18).
A Guardianship is started by filing a petition with the Probate Court. You can obtain this form from the Probate Court office. This form is also available online. Try to include as much information as possible in the Petition to help the Judge understand why a guardian is necessary.