Filing Procedures -
Guardianships for Individual with Developmental Disability
Checklist

Important Note: It is strongly recommended you contact the Detroit Wayne Integrated Health Network (DWIHN) at 313 833-2500 for assistance with preparing and filing this petition, including obtaining the required evaluations.

There are different types of guardianships for individuals with developmental disabilities, based upon limitations on the guardian’s authority. One difference relates to powers of the guardian – plenary or partial (with partial guardianships, the guardian’s powers are limited and the individual with the developmental disability retains the authority for areas not granted to the guardian). Additionally, partial guardianships may only last up to 5 years at a time, requiring a new guardianship to be established if needed thereafter. The other difference in this type of guardianship relates to the area of responsibility for the guardian – guardian of the individual or guardian of the estate (with guardians of the estate being responsible to manage the assets and financial affairs of the individual). All types of guardianships for individuals with developmental disabilities are established with the same forms and process.

1. Gather the following documents:

Psychological Evaluation and Assessments: By law (MCL 330.1612), the petition for the appointment of a guardian for an individual with a developmental disability must include a report (PC659) prepared and signed by one of the individuals who prepared the related psychological evaluation or assessments included with the report. The report and psychological evaluation and assessments can be obtained through your own private sources or by contacting the Detroit-Wayne Integrated Health Network (DWIHN) at (313) 833-2500. If a facility or program director is the petitioner, then a recommendation from the Informed Consent Board is also required.

The petition cannot be granted without this report and psychological evaluation and assessment unless it is a request for a temporary guardian. For a temporary request, a letter from a doctor may be included stating the nature and extent of the emergency requiring this temporary appointment. The report and psychological evaluation and assessments must be completed prior to a full appointment.

If the report (PC659) and psychological evaluation are not completed by the time of filing the petition, they must be completed and submitted to the court prior to the scheduled hearing or the matter will have to be rescheduled or may be dismissed.

In addition, by law (MCL 330.1617(5)), a guardian cannot be appointed unless the person who prepared the report or at least one of the persons who performed an evaluation serving in part as basis for the report, testifies in person in court. As such, the physician or psychologist is required to testify at the hearing, and the petitioner may be required to pay any fees of the physician or psychologist for this service.

2. Fill out the following forms:
   Note: DWIHN will provide assistance in almost all cases with preparing these forms.
   1. WCPC 99, Petitioner Filing Coversheet
   2. PC 658, Petition for Appointment of Guardian, Individual with Alleged Developmental Disability
      Click here for video instructions on how to fill out form PC 658
      Note: Addresses of all interested persons must be listed on petition. If missing addresses for any interested persons, after you receive the hearing information, you must arrange for publication. Click here for more information.
      
   3. PC 617, Declaration of Intent to Give Notice by Publication. Complete a separate form PC 617 for each person to be notified by publication
   4. MC 505, Contact Information. This must be completed with the email and phone number of the petitioner and filed in order to schedule a hearing.
   5. MC 97, Protected Personal Identifying Information (information for the individual who is the subject of the petition)
   6. WCPC 805, Acceptance of Appointment for the Developmentally Disabled (Signed by Proposed Guardian)
      Click here for video instructions on how to fill out form wcpc 805
   7. MC 97a, Addendum to Protected Personal Identifying Information (information for the nominated guardian(s))
      
   8. PC659, Report to Accompany Petition to Appoint, Modify or Discharge Guardian of Individual with Developmental Disability (this form is completed and signed by the person who prepared the psychological evaluation and assessments)
      Important Note: You MUST use these forms; you cannot draft your own document.
      
      
3. Click here to find out how you can file your petition
   
   
4. Submit your completed documents to the Court in the following order (as one PDF if submitting electronically):
1. WCPC 99, Petitioner Filing Coversheet
2. PC 658, Petition for Appointment of Guardian, Individual with Alleged Developmental Disability
3. MC 97, Protected Personal Identifying Information
4. MC 97a, Addendum to Protected Personal Identifying Information
5. MC 505, Contact Information
6. PC659, Report to Accompany Petition to Appoint, Modify or Discharge Guardian of Individual with Developmental Disability (signed by person who prepared the psychological evaluation and assessments)
7. The psychological evaluation and assessments of the proposed ward’s mental, physical, social, educational condition, adaptive behavior, and social skills.
8. PC 617, Declaration of Intent to Give Notice by Publication (if any)
9. WCPC 805, Acceptance of Appointment for the Developmentally Disabled (Signed by Proposed Guardian)
   
   
5. Filing Fee
   1. There is no filing fee for this type of petition.
   2. There is a $12 Certified Letter of Guardianship Fee.
   3. If the petition is granted, the person appointed as guardian will receive a notification to pay the Letter of Guardianship fee.
   4. Letters of Guardianship can be paid:
      1. Electronically via ePayment online or
      2. In person at the court (via cash, money order, or in-state check) or
      3. Via mail by CHECK (no out-of-state checks) or MONEY ORDER
      4. If paying by check, make checks payable to: “Wayne County Probate Court”
      5. If paying via mail, send the check or money order along with a letter with your case # referencing what the payment is for to:
         
         Wayne County Probate Court
         

         1305 Coleman A. Young Municipal Center
         

         2 Woodward Ave.
         

         Detroit, MI. 48226
         
         

6. Hearing Date
   1. Once the guardianship petition is processed you will be sent notice of hearing information, including ZOOM instructions.
   2. Additional information and important instructions regarding the hearing is found at: WCPC - Filing.
   3. In addition, answers to frequently asked questions relating to hearings is found at: WCPC - Probate Information
      
7. Attorney

   An attorney will be appointed to represent the person alleged to need the guardianship.
   The attorney will participate in the hearing via ZOOM.

8. Letters of Guardianship

   After the hearing, if your petition has been granted and you have paid the $12 fee you will be sent Letters of Guardianship
   They will be sent via email with an electronic certification
   * If you did not provide an email address they will be mailed to you.* See also: WCPC - How to Request Letters of Authority

Rev. 5/15/25