Filing Procedures -
Limited 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 minor limited 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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$175.00
per child.
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Forms Used
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PC
650, Petition for Appointment of Limited Guardian of Minor (Note: Please provide the date of birth of the proposed guardian, if available.)
PC
652, Limited Guardianship Placement Plan
PC
670, Minor Guardianship Social History
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.)
Forms
may be found at Michigan
Court - Court Forms where you can search for a specific form number (i.e.
pc571). A list of Probate forms is available at the Numerical
Index of Probate Court Forms page.
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Who
can File
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Only
the CUSTODIAL PARENT(S) of the child can file a Limited Guardianship
Petition. If there are two custodial
parents, both must sign the petition. If someone other than the custodial
parent(s) wants to become guardian of a minor, the person must file a
petition for full guardianship.
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Placement Plan
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The
custodial parent(s) must also file a Limited Guardianship Placement Plan (PC 652) with the petition. The plan must include information on the
following:
- Reason(s) for limited
guardianship.
- Visitation and contact by
parent(s) sufficient to maintain parent\child relationship.
- Length of limited
guardianship.
- Financial support for minor.
- Any other provisions parties
agree to include.
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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 $92.00) 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 http://mdocweb.state.mi.us/OTIS2/otis2.html
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Hearing Date
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Your
Petition will be set for hearing by the Court. If all the interested
persons are present when the petition is filed, a hearing may be held immediately.
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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Rev. 10/20
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