Guardianship for Minors

A Guardian is a person who is given Probate Court authority to be responsible for the personal and physical well being of an adult who is called a Legally Incapacitated Individual (LII). The Guardian has the same powers and duties over that LII as parents have over their children. A prospective Guardian may be nominated by petition (filed with the Probate Court) or may be named in a will.


For complete info, please refer to the following brochures:

Guardianships/Conservatorships for Minors - Brochure #2
Inventories, Annual Accounts and Reports - Brochure #9

Additional information available below:

Basic Training For Guardians


Below are the forms that must be completed to start various types of guardianship proceedings in Oakland County Probate Court. When the required forms are completed, bring them to Oakland County Probate Court.

Please arrive by 4pm for same day processing.


Fees:

Forms to start a minor guardianship may be hand-delivered or mailed to Oakland County Probate Court provided they contain all signatures and include the appropriate filing fee(s).

  • The filing fee to start each conservatorship is $175.00.
  • Cash, check (made out to Oakland County Probate Court) or credit card.
  • Visa, MasterCard, American Express and Discover.
  • Service fees for copies and certifications apply for credit cards only.
  • Please do not mail cash.


Note: If the minor is an Indian child (aka Native American) as defined by MCR 3.002(12), you must use one of the following applicable petitions instead of PC 650 or PC 651, along with the other documents listed below.

Petition for Appointment of Limited Guardian of Minor Indian Child (Voluntary Guardianship) - PC 650-I

Petition for Appointment of Guardian of Minor Indian Child (Involuntary Guardianship) - PC 651-Ib


Forms to Start a Minor Guardianship - Limited

A limited guardianship is a voluntary guardianship which may only be initiated by a parent who has physical custody of the child.  In a limited minor guardianship, the guardian may not consent to marriage or to adoption.

The custodial parent(s) must sign the first two forms listed below (forms PC 650 and 652)  and ATTEND THE HEARING UNLESS EXCUSED BY THE JUDGE. In certain circumstances, an alternative to attending the hearing is called Judge-on-Line, which is a telephone conference. There is a $30 convenience fee. You must call the Judge's chambers at least 7 days before the hearing to request the Judge's approval.

The following forms must be completed:

Petition for Appointment of Limited Guardian of Minor - PC 650
Limited Guardianship Placement Plan
- PC 652
DHS Record Check
- PEMH 1038
Minor Guardianship Social History
- PC 670
Declaration of Party Seeking Order Regarding Minor Child
- PEMH 1085
Declaration of Intent
- PC 617 (required when publishing for an interested party)


Forms to Start a Minor Guardianship - Full

A full minor guardianship may be initiated by anyone, as long as certain criteria are met.  In a full minor guardianship, the guardian may consent to marriage or adoption.

The following forms must be completed:

Petition for Appointment of Guardian of Minor - PC 651

DHS Record Check - PEMH 1038
Minor Guardianship Social History - PC 670
Declaration of Party Seeking Order Regarding Minor Child - PEMH 1085
Declaration of Intent - PC 617 (required when publishing for an interested party)
Acceptance of Appointment - PC 571


Forms During Pendency of a Minor Guardianship - Full/Limited

You need to file the following form annually within 56 days after your anniversary date starting 1 year after your appointment.  Make sure you fill it in completely, including the specific reporting period dates and your complete name, address and telephone number.  There is no fee for filing this form.

Annual Report of Guardian on Condition of Minor - PC 654


Forms to Modify or Close a Minor Guardianship - Full/Limited

The Filing Fee to petition to modify or terminate each minor guardianship case is $20.00.   The following documents are used to ask the court's permission to modify or close a case.  They can be mailed to the address given above as long as the filing fee is included.  The matter will be set for hearing.

Petition to Terminate/Modify Guardianship - PC 675
Declaration of Party Seeking Order Regarding Minor Child
- PEMH 1085

If you are filing a petition to modify the guardianship to add another guardian or replace the current guardian(s), you must complete the following as well as the Petition and Declaration:

Minor Guardianship Social History - PC 670
DHS Record Check
- PEMH 1038

If you are seeking to close the guardianship, you must complete the following as well as the Petition and Declaration:

DHS Record Check - PEMH 1038

If the case is involving an Indian Child and was filed using PC 650-I, PC 650-Ia or PC 650-Ib, the following form may apply:

Withdrawal of Consent to Guardianship of Indian Child - PC 687