To get letters of guardianship in Michigan, you file a petition in the probate court of the county where the proposed ward lives, pay a $150 filing fee, give proper notice to the ward and interested parties, and appear at a hearing where a judge decides whether guardianship is necessary. If the judge appoints you, the court issues letters of guardianship, which are the official document proving your authority to act.
The process runs under the Estates and Protected Individuals Code (EPIC). For an adult, the petitioner has to prove incapacity and the need for guardianship by clear and convincing evidence. For a minor, the grounds are different, and the path is shorter. Both start the same way: a petition in probate court.
Who a Guardian Can Be Appointed For
Before a judge will appoint a guardian for an adult, two things have to be shown by clear and convincing evidence: that the individual is incapacitated, and that guardianship is necessary to provide continuing care and supervision.1Michigan Legislature. MCL Section 700.5306 Each has to be supported separately on the record. A general statement that someone “can’t take care of themselves” will not carry the petition.
The petition form asks you to identify the basis for incapacity from a defined set: mental illness, mental deficiency, physical illness or disability, chronic intoxication, or chronic drug use.2Michigan Courts. PC 625, Petition For Appointment of Guardian of Incapacitated Individual You also have to describe recent conduct or conditions showing why a guardian is needed. Concrete examples matter more than a diagnosis on paper.
For a minor, a guardian is typically needed when the parents are deceased, have had their parental rights terminated, or are otherwise unable to care for the child. Guardianship can be established by a parental appointment or by court order.3Michigan Legislature. MCL Section 700.5201
Where to File and What to Include
File the petition in the probate court of the county where the proposed ward lives or is physically present. If the individual has been admitted to an institution by court order, you can file instead in the county where that court sits.4Michigan Legislature. MCL Section 700.5302
The petition form is PC 625. It asks for the nature and degree of the incapacity, whether you are requesting full or limited guardianship, your qualifications as the proposed guardian, and recent facts that demonstrate the need.2Michigan Courts. PC 625, Petition For Appointment of Guardian of Incapacitated Individual The filing fee is $150. If you also want temporary guardianship while the case is pending, you can request it on the same petition without paying a separate fee.5Michigan Courts. Probate Court Fee Tables February 2025
You do not have to be a relative to petition. Family members, friends, or anyone with an interest in the proposed ward’s welfare can file. The court will still look closely at your suitability and your relationship to the person.
Giving Notice
Once the petition is filed, the court sets a hearing date, and the petitioner is responsible for notifying the proposed ward and every interested party. If the proposed ward is 14 or older, notice must be delivered by personal service, not mail.6Michigan Courts. Michigan Court Rules of 1985 Chapter 5 – Probate Court Someone at risk of losing legal autonomy gets direct notice.
Interested parties typically include the ward’s spouse, adult children, parents, and anyone currently caring for or living with the proposed ward. Missing a required notice can delay the hearing or force it to be re-set.
The Hearing
Every guardianship case requires a hearing with testimony, even when no one opposes the petition. The court cannot grant guardianship on the written petition alone.6Michigan Courts. Michigan Court Rules of 1985 Chapter 5 – Probate Court Plan on appearing in person and being ready to answer questions about the ward’s condition, your relationship, and why guardianship is needed.
Medical Evaluation
The court can order that the proposed ward be examined by a physician or mental health professional. The written report has to be filed at least five days before the hearing and must include a description of the person’s physical or psychological conditions, an explanation of how those conditions interfere with decision-making, a list of all medications and their effects, and a prognosis with a rehabilitation plan.7Michigan Legislature. MCL Section 700.5304 The report is not public, but the court, the proposed ward, the petitioner, and their attorneys can see it.
Guardian Ad Litem
Unless the proposed ward already has an attorney of their own, the court appoints a guardian ad litem to represent the individual’s interests.8Michigan Courts. Introduction to Conservatorships and Guardianships The guardian ad litem investigates independently, interviews relevant people, and reports to the court. Expect to be interviewed. The proposed ward can present evidence, cross-examine witnesses (including the examining physician and the guardian ad litem), and demand a jury trial.7Michigan Legislature. MCL Section 700.5304
Full or Limited Guardianship
The judge is required to impose the least restrictive arrangement that fits. If the court finds the person lacks capacity for some but not all self-care tasks, it must appoint a limited guardian and cannot appoint a full one.1Michigan Legislature. MCL Section 700.5306 Full guardianship is reserved for individuals who are totally without capacity for self-care.
The order will spell out exactly which powers you receive and for how long. It should also encourage the ward’s maximum self-reliance and independence. A limited guardian might have authority over medical decisions but not over residence or finances; the order draws those lines.
Who the Court Picks When More Than One Person Wants to Serve
Michigan sets a priority order when multiple people want to be appointed. The court first looks at:
- A guardian already appointed and serving in good standing in Michigan or another state.
- The person the proposed ward chooses.
- Someone named by the individual in a durable power of attorney or other writing made while the individual had capacity.
- A person appointed by a parent or spouse through a will or other writing.
If none of those apply, the court moves to a family preference list: spouse, then adult children, parents, a relative the individual has lived with for more than six months, and finally a person nominated by someone currently caring for the individual.9Michigan Legislature. MCL Section 700.5313 Priority is a preference, not an absolute rule. The court can pass over a higher-priority person who is unsuitable.
Getting the Letters and Starting to Act
If the judge grants the petition, the court issues letters of guardianship. That document is what banks, hospitals, care facilities, and schools will ask to see before they treat you as the ward’s decision-maker. Keep certified copies on hand.
Once appointed, you have to visit the ward within three months of appointment and at least once every three months after that. If the ward’s residence changes, you must notify the court within 14 days.10Michigan Legislature. MCL Section 700.5314 You will also file an annual report on the ward’s condition using form PC 634, and serve copies on the ward and interested persons.11Michigan Courts. PC 634, Annual Report of Guardian on Condition of Legally Incapacitated Individual The court can send a visitor to the ward’s residence at any time to check conditions.12Michigan Legislature. MCL Section 700.5310
Your authority is limited to what the order grants. Two boundaries catch new guardians off guard. First, being appointed guardian does not give you control over the ward’s money or real property; that is the role of a conservator, and if the ward’s assets need protection you have to start a separate protective proceeding.10Michigan Legislature. MCL Section 700.5314 A guardian cannot sell the ward’s real estate; the court can appoint the guardian as a special conservator for a specific transaction if a sale is warranted.13Michigan Legislature. MCL Section 600.2928 Second, you cannot consent to inpatient hospitalization unless the court specifically grants that power, and you cannot override the ward’s active refusal of mental health treatment without a further order under Michigan’s Mental Health Code.
For a minor, a guardian has essentially the same powers and responsibilities as a custodial parent, with two exceptions: the guardian is not legally required to support the child from their own funds, and the guardian cannot sell the child’s real property without court authorization.14Michigan Legislature. MCL Section 700.5215
Emergency and Temporary Appointments
When the situation cannot wait for a full hearing cycle, MCL 700.5312 provides two faster paths. If no guardian exists and an emergency requires immediate action, the court can exercise guardian powers itself or appoint a temporary guardian with limited powers, with notice to the allegedly incapacitated individual and a hearing. A full hearing with standard notice must follow within 28 days.15Michigan Legislature. MCL Section 700.5312
If a guardian is already in place but not doing the job, and the ward’s welfare requires immediate action, the court may appoint a temporary guardian with or without advance notice for up to six months, suspending the existing guardian’s authority for that period.15Michigan Legislature. MCL Section 700.5312 A temporary guardianship request can ride on the same PC 625 petition at no extra fee.
What It Costs
The probate filing fee is $150. Beyond that, expect costs for the physician or mental health evaluation, service of process, and any attorney you hire. If a professional guardian eventually serves, rates typically run between $100 and $300 per hour depending on the complexity of the case and the guardian’s qualifications.
A guardian is not automatically entitled to compensation. When the ward has a conservator, the guardian can receive reasonable amounts for services and for room and board, provided the guardian and conservator agree and the court finds the amount reasonable.16Michigan Legislature. MCL Section 700.5315 A guardian of a minor can receive money payable for the child’s support under benefit programs, insurance, or trusts, but cannot use those funds as their own compensation without a court order.14Michigan Legislature. MCL Section 700.5215
Before You File: Less Restrictive Options
Michigan courts are required to consider less restrictive alternatives before appointing a full guardian.1Michigan Legislature. MCL Section 700.5306 If the person you are trying to help still has capacity, some of these options may make guardianship unnecessary.
A durable power of attorney lets a person designate someone to handle financial and legal affairs. The individual keeps their own rights while granting another person authority to act. To be valid in Michigan, the document must be dated, signed voluntarily by the principal (or by a notary on the principal’s behalf), and either witnessed by two people who are not the agent or acknowledged before a notary, with language indicating it survives the principal’s later disability or incapacity.17Michigan Legislature. Michigan Compiled Laws 700.5501 – Durable Power of Attorney The catch: it has to be signed while the person still has capacity.
A patient advocate designation is Michigan’s version of a healthcare proxy. It allows a person to name someone to make medical and mental health decisions if they become unable to communicate their own wishes. It must be in writing, signed, witnessed, and dated, and it must be part of the patient’s medical record before it takes effect.18Michigan Legislature. MCL Section 700.5506 Where a valid designation already exists, a guardian cannot exercise the powers the patient advocate holds unless the court finds the designation was improperly executed or the advocate is not acting in the ward’s best interests.
Supported decision-making is an informal arrangement in which a person, often someone with an intellectual or developmental disability, makes their own decisions with help from trusted family, friends, or advisors. The Michigan Department of Health and Human Services promotes it as an alternative that preserves rights guardianship would remove, including decisions about residence, healthcare, finances, and relationships.19Michigan Department of Health and Human Services. Supported Decision-Making in Michigan Michigan has not enacted a formal supported decision-making statute, but the approach can be used informally and may persuade a court that guardianship is not necessary.