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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
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$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).
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Forms Used
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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.)
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Service
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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
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Interested Persons
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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:
- The minor, if 14 years of age
or older,
- If known, each person who had
the principal care and custody of the minor during the 63 days before
the petition was filed,
- The parents of the minor or,
if neither of them is living, any grandparents and the adult presumptive
heirs of the minor, and
- 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
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When Full Minor
Guardian can be Appointed
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A
full guardian can be appointed for a minor under one of these situations:
- 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.
- 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.
- 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.
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Hearing Date
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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.
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Guardian ad Litem/ Attorney
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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.
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Location/Hours of Court
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Rev. 4\14
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