Michigan Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   File a Petition for Appointment of Guardian of Minor on Form PC 651, the mandatory statewide form approved by the State Court Administrative Office, in the Probate Court for the county where the child resides or is present; the court's form controls over any draft. A parallel Petition for Appointment of Limited Guardian of Minor on Form PC 650 applies when the custodial parent consents to the guardianship.

2. 2

   If necessary, the court may appoint a temporary guardian within the same guardianship proceeding; the temporary guardian's authority cannot exceed 6 months, and the statute provides no extension mechanism. Form PC 672 gives notice of the temporary appointment and the right to object, and the court must hold a hearing on any objection within 14 days of it being filed.

3. 3

   Notice of the hearing must go to the minor if 14 or older, each living parent, and the person who had principal care and custody of the minor during the 63 days before the petition was filed; if neither parent is living, notice instead goes to the adult nearest of kin. Mailed notice must be sent at least 14 days before the hearing, though personal service can be made as little as 7 days beforehand.

4. 4

   A minor 14 or older may file the guardianship petition personally, and the court must appoint that minor's own nominee for guardian unless doing so is contrary to the minor's welfare. The limited guardianship track on Form PC 650 requires the custodial parent or parents to affirmatively consent to the appointment and to the suspension of their own parental rights, plus a court-approved placement plan; a full guardianship petition needs no parental consent.

5. 5

   A confidential Minor Guardianship Social History, Form PC 670, must be filed before any hearing. Any further investigation by the Department of Health and Human Services or a court employee is discretionary, and a guardian ad litem for the minor is appointed only if the court finds the minor's interests may be inadequately represented. No mandatory guardian training course applies. No bond is required for a guardian of the minor's person; a bond attaches only if a conservator is later appointed to manage the minor's property.

6. 6

   Guardianship does not by itself terminate a parent's parental rights and is not adoption. It ends automatically when the minor turns 18, and a parent may petition the court to end it sooner; for a limited guardianship, the court must end it once the parent has substantially complied with the placement plan. The required limited guardianship placement plan warns the parent that substantial failure to comply with it without good cause may result in termination of the parent's rights under the juvenile code.

7. 7

   A parent can delegate authority over a child's care, custody, or property for up to 180 days without going to court, using a written delegation of powers, rather than filing this petition. A court-appointed guardian may also delegate, but must notify the court within 7 days.

Michigan Requirements for Guardianship of a Minor Petition

• Mandatory Petition on Form PC 651

  A Michigan guardianship of a minor is filed on Form PC 651, Petition for Appointment of Guardian of Minor, the mandatory statewide form approved by the State Court Administrative Office, in the Probate Court for the county where the child resides or is present.

• Limited Guardianship Track on Form PC 650

  A parallel Petition for Appointment of Limited Guardian of Minor, Form PC 650, applies when the custodial parent or parents consent to the appointment and to the suspension of their own parental rights under a court-approved placement plan.

• 6-Month Cap on Temporary Guardianship

  If necessary, the court may appoint a temporary guardian within the same proceeding, but the temporary guardian's authority cannot exceed 6 months, with no extension mechanism in the statute.

• Notice to Parents, the Minor, and the Recent Caregiver

  Notice of the hearing must go to the minor if 14 or older, each living parent, and the person who had principal care and custody of the minor during the 63 days before the petition was filed, served by mail at least 14 days before the hearing or personally at least 7 days before it.

• Mandatory Confidential Social History, Form PC 670

  A Minor Guardianship Social History, Form PC 670, is mandatory and confidential, and must be filed before any hearing on the petition.

• Bond Tied to the Minor's Estate, Not the Person

  No bond is required for a guardian of the minor's person. A bond attaches only if the court appoints a conservator for the minor's property, and it must be required once the estate's cash and readily convertible property exceed the small-estate threshold, unless a statutory exception applies.

• Discretionary Investigation and Guardian Ad Litem

  An investigation by the Department of Health and Human Services or a court employee is ordered at the court's discretion, and a guardian ad litem for the minor is appointed only if the court finds the minor's interests may be inadequately represented.

• Guardianship Does Not by Itself Terminate Parental Rights

  A Michigan guardianship does not by itself end a parent's parental rights and is not adoption; it ends automatically when the minor turns 18. A limited guardianship placement plan warns that substantial noncompliance without good cause may result in termination of the parent's rights under the juvenile code.

• Delegation of Powers as the Out-of-Court Alternative

  A parent may delegate authority over a child's care, custody, or property for up to 180 days using a written delegation of powers, without filing this petition; a court-appointed guardian who delegates must notify the court within 7 days.