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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.
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| Forms Used |
PC 638, Petition to Terminate or Modify Guardianship\Conservatorship
OR
PC 651,
Petition for Appointment of (Full) Guardian of Minor
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| 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 childs
welfare can file a petition for the appointment of a full
guardian for the minor.
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| 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:
- 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 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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| 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, the Petitioner, must attend
the hearing or your Petition will be dismissed.
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| 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.
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1092 Newell St. PO Box 885
White Cloud, Michigan 49349
Phone: (231) 689-7270
Fax: (231) 689-7276
Email:
kerrie@co.newaygo.mi.us
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