CLOSING 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 closing procedures for minor limited guardianships and may be useful as a guide.  If you have any questions, consider contacting an attorney for assistance.

 

Closing upon Minor Turning age 18:  The Court automatically terminates the guardianship when the minor turns age 18.  There is no fee. 

 

The Following Procedures Apply to Termination of a Limited Minor Guardianship Before the Child Turns age 18:

 

Filing Fee

$20.00 per child

Note: This fee may be waived if the person filing for termination of the Guardianship can show they are indigent (i.e., petitioner needs to show a current Medicaid card in own name). 

 

Forms Used

PC 675, Petition to Terminate\Modify Guardianship

 

Or

 

PC 651, Petition for Appointment of (Full) Guardian of Minor

 

Who can File

Only the CUSTODIAL PARENT(S) of the child can file a Petition to Terminate a Limited Guardianship.  If there are two custodial parents, both must sign the petition.

Any person interested in the child’s welfare can file a petition for the appointment of a full guardian for the minor.  

 

Interested Persons

Only list new interested persons and\or change of addresses for any interested persons since the limited guardianship was opened.  If you are filing a petition for a full minor guardianship, see Filing Procedures – Full Minor Guardianships for information on this procedure.  If an interested person is not included or is not properly served, the hearing cannot be held.  The interested persons in a petition to modify or terminate a  limited  minor guardianship are:

  1. The minor, if 14 years of age or older,
  2. If known, each person who had the principal care and custody of the minor during the 63 days before the petition was filed,
  3. The parents of the minor or, if neither of them is living, any grandparents and the adult presumptive heirs of the minor, and
  4. The 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

 

Hearing Date

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. 

 

Guardian ad Litem/ Attorney

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. 

 

 

Location/Hours of Court

 

 Rev. 1/09