FILING PROCEDURES - ADULT GUARDIANSHIPS/GUARDIANSHIPS
FOR LEGALLY INCAPACITATED ADULTS

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 procedure for adult guardianships and may be used as a guide. If you have any questions, consider contacting an attorney for assistance.

Filing Fee $150.00

Forms Used:

PC 625, Petition for Appointment of Guardian for Incapacitated Individual
PC 626, Notice to Alleged Incapacitated Individual on Petition to Appoint Guardian
PC 634, Annual Report on Guardian on Condition of Legally Incapacitated Individual (Note: This form is used after the guardian is appointed and must be filed each year)
 

Service Publication is required for persons whose address or whereabouts are unknown. You may wish to contact:

Times Indicator
PO Box 7
Fremont, MI  49412
Telephone (231) 924-4400
Fax (231) 924-4066

$67 fee (One time publication)

Interested Persons 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 person(s) in a petition for appointment of a guardian of a legally incapacitated individual are:

1. The alleged legally incapacitated individual,

2. If known, a person named as attorney in fact under a durable power of attorney,

3. The alleged legally incapacitated individual’s spouse,

4. The alleged legally incapacitated individual’s children or, if no adult child is living, the individual’s parents,

5. If no spouse, child, or parent is living, the presumptive heirs of the individual,

6. The person who has the care and custody of the alleged legally incapacitated individual,

7. The nominated guardian.

Note: The petition must include specific facts about the adult’s condition and examples of the adult’s recent conduct that demonstrates the need for the appointment of a guardian.

Hearing Date Your petition will be set for hearing by the Court. Typically, the hearing date is 4-5 weeks after the petition is filed. You must attend the hearing or your petition will be dismissed.

Guardian ad Litem The Court must, by law, appoint a Guardian ad Litem (GAL) to represent the interest of the alleged incapacitated individual unless the person has his/her own attorney. It will be the GAL’s responsibility to visit the person and make a recommendation as to whether or not a guardian is needed.