How to File a Petition to Modify Guardianship in Michigan

To file a petition to modify guardianship in Michigan, submit Form PC 675 (Petition to Terminate/Modify Guardianship) to the probate court in the county where the guardianship case is active, serve every interested party under the court’s notice rules, and attend the hearing the court is required to schedule within 28 days.¹² The court can end the guardianship, narrow or expand the guardian’s authority, remove the guardian, or appoint a successor, but only if the evidence shows the change serves the ward’s welfare.

Who Can File

Michigan’s Estates and Protected Individuals Code gives standing to several people. The ward can request a change at any time, and the request can take the form of an informal letter to the court or judge rather than a formal filing. The current guardian can petition to resign or to adjust the arrangement. Any person interested in the ward’s welfare, including family, friends, and care providers, can also file. A person named as guardian in a parent’s or spouse’s will has standing too, which sometimes matters when the court-appointed guardian is not the person the family originally wanted.²

Check for a Cooling-Off Period First

The original incapacity order can include a cooling-off period of up to 182 days during which new petitions to modify, terminate, or challenge the incapacity finding cannot be filed without special permission from the court. If you are inside that window, you have to show the court why waiting is unreasonable before it will accept your petition.²

Grounds the Court Will Accept

The probate judge will change a guardianship only when the change benefits the ward. The usual grounds:

The ward has regained capacity. This calls for medical evidence, typically from a physician or mental health professional, showing that the original incapacity has resolved or improved enough that full guardianship is no longer warranted.
The guardian can no longer serve because of health, relocation, or other personal circumstances that prevent them from fulfilling their duties.
The guardian is performing poorly: failing to visit, neglecting the ward’s medical needs, mishandling finances, or otherwise breaching duty.
The ward’s situation has changed, such as a move from home to a care facility, a shift in medical needs, or a change in finances that calls for expanding or narrowing the guardian’s authority.
The current guardianship is more restrictive than necessary. Michigan law favors the least restrictive arrangement, so a full guardianship may be reduced to a limited one when appropriate.³

Termination based on restored capacity is the hardest path. The petitioner carries the initial burden of proof; only after that does the burden shift to anyone opposing termination to show the incapacity continues. A treating physician’s letter alone is often not enough. Judges want to see a track record of the ward managing day-to-day decisions and appointments, with consistent improvement over time.

The Forms You Actually Need

The Michigan State Court Administrative Office (SCAO) publishes the mandatory forms. Using the wrong one can get your filing rejected.

PC 675: The Petition Itself

Form PC 675, Petition to Terminate/Modify Guardianship, is available on the Michigan Courts website and at any county probate court clerk’s office.¹ Fill in the ward’s current address, the guardian’s contact information, and the names and addresses of all interested parties so the court can send notices. State clearly what you are asking for: termination, a change in the guardian’s authority, removal of the current guardian, or appointment of a successor. Vague petitions are a common mistake. Spell out the specific change and why it is needed.

Do not confuse PC 675 with PC 634. Form PC 634 is the guardian’s annual report on the ward’s condition, not a petition to modify or terminate.⁴ Filing the wrong form will delay your case.

PC 630: Medical Evidence When Capacity Is in Play

When your petition turns on the ward’s capacity, whether you are arguing improvement or deterioration, attach Form PC 630, the Report of Physician or Mental Health Professional.⁵ It should be completed by someone who has recently evaluated the ward. Supporting letters from other care providers can help but do not replace the PC 630.

Filing, Fees, and Waivers

File in the probate court of the county where the guardianship is active. Most Michigan probate courts accept filings in person, by mail, or through electronic filing. A filing fee is due at submission and varies by case type. Petitions involving guardianship of a developmentally disabled individual carry a $20 fee, for example.⁶ Confirm the current amount with your county’s clerk. If you cannot afford the fee, submit Form MC 20 to request a waiver based on indigence or receipt of public assistance.⁷

Serving Notice

Once the court accepts the petition, you must notify all interested parties: the ward, the current guardian (if you are not the guardian), and close family members. Michigan Court Rules require personal service at least 7 days before the hearing or service by first-class mail at least 14 days before the hearing. After service, file Form PC 564, the Proof of Service, with the court.⁸ Skipping this step or filing it late is one of the fastest ways to have your hearing postponed or your petition dismissed.

The Hearing and the Guardian Ad Litem

The court must schedule a hearing within 28 days of filing.² That is a statutory deadline, not a suggestion, though the court has some flexibility if the original incapacity order set different terms.

The court will typically appoint a Guardian ad Litem (GAL) to investigate. The GAL personally visits the ward, explains the case, informs the ward of their rights, and evaluates whether the requested change makes sense, including whether a less drastic alternative would work. If you ask for full termination but the ward still needs help in some areas, the GAL may recommend a limited guardianship instead.⁹ The GAL prepares a written report that the judge reads before and during the hearing.

At the hearing, the judge reviews the GAL’s report and hears from the petitioner, the ward if present, the current guardian, and other interested parties. The ward has the right to attend, see and hear all evidence, present evidence, cross-examine witnesses, and request a jury trial.¹⁰ If the evidence supports the change, the judge signs an order modifying or terminating the guardianship.

When You Cannot Wait 28 Days

If the ward is in immediate danger, whether from an abusive guardian, a medical crisis, or another urgent situation, the court can appoint a temporary guardian on an expedited basis. The petition must describe the emergency in detail rather than simply asserting one exists. The court will still appoint a GAL unless doing so would cause harmful delay, and it must hold a full hearing within 28 days so a temporary arrangement does not become permanent without proper scrutiny. Temporary guardianship is a stopgap. The court will not use it to bypass normal procedures just because a petitioner prefers a faster timeline.

The Ward’s Rights During the Process

A guardianship limits rights but does not erase them. During a modification proceeding, the ward keeps the same procedural protections that applied when the guardianship was first established.¹⁰ Those include:

The right to an attorney. If the ward wants to contest the petition, request limits on the guardian’s powers, or object to a particular person serving as guardian, the court must appoint counsel. If the ward cannot afford one, the state pays.¹¹
The right to be present. The court must take practical steps to make attendance possible, including moving the hearing location if necessary.
The right to petition independently by informal letter, without an attorney or formal legal document.²
The right to a hearing within 28 days. The court cannot indefinitely delay a ward’s request for review.

After the Order

A modification order takes effect immediately. On termination, the ward regains the rights that had been under the guardian’s control. Practical follow-up matters too. If the ward receives Social Security benefits, the Social Security Administration must be told about any change in who manages the ward’s finances, since the court-appointed guardian and the SSA’s representative payee may be the same person.¹² Banks, medical providers, and insurance companies that had the guardian listed as a decision-maker will also need updated documentation.

If the court denies the petition, the petitioner can appeal to the Michigan Court of Appeals. One detail catches people off guard: an appeal does not automatically pause the existing arrangement. The guardianship stays in effect during the appeal unless the probate court or the Court of Appeals specifically orders a stay.¹³ The current guardian continues to serve with existing authority while the appeal works its way through the system.

1
Michigan Courts. Petition to Terminate/Modify Guardianship
2
Michigan Legislature. Michigan Compiled Laws 700.5310 – Resignation or Removal of Guardian
3
Michigan Legislature. Michigan Compiled Laws – Act 386 of 1998
4
Michigan Courts. Michigan Probate Court Form PC 634 – Annual Report of Guardian on Condition of Legally Incapacitated Individual
5
Michigan Courts. Guardianship Cases Forms
6
Michigan Courts. Probate Court Fee Tables February 2025
7
Michigan Courts. Fee Waiver Request
8
Michigan Courts. Proof of Service
9
Michigan Legislature. Michigan Compiled Laws 700.5305 – Guardian Ad Litem Duties Compensation Legal Counsel
10
Michigan Legislature. Michigan Compiled Laws 700.5306a
11
Michigan Legislature. Michigan Compiled Laws 700.5305 – Duties of Guardian Ad Litem
12
Social Security Administration. Frequently Asked Questions for Representative Payees
13
Michigan Legislature. Michigan Compiled Laws 600.867