Legally Incapacitated Adult Guardianships- Full and Limited
A guardian is necessary when a person lacks the understanding or capacity to make or communicate
informed decisions, at which time they become “incapacitated.” Incapacitation may be due to impairment by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication. MCL 700.1105.
The court is only allowed to appoint a guardian if the judge finds by clear and convincing evidence that
the individual is “incapacitated” and appointing a guardian is necessary to provide continuing care and
supervision for the individual.
$175 Filing Fee
Forms:
-Petition For Appointment of Guardian of Incapacitated Individual (PC 625)
-Protected Personal Identifying Information (MC 97)
-Acceptance of Appointment (PC 571)
-Addendum to Protected Personal Identifying Information (MC 97A)
-Proof of Service (PC 564)
-Annual Report (PC 634) *Must be turned in with Proof of Service*
-Petition to Modify/Terminate Guardianship (PC 675)
Developmentally Disabled Adult Guardianship
For purposes of guardianship of an individual over the age of five on grounds of developmental disability, he or she must have a severe, chronic condition which includes all of the following:
- It is attributable to a mental or physical impairment or a combination of mental and physical impairments.
- It manifested before the individual is 22 years old
- It is likely to continue indefinitely
- It results in substantial function limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency.
- It reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or sacrifices that are of lifelong or extended duration and are individually planned and coordinated.
Individuals from birth to age five must possess a substantial developmental delay or specific congenital or acquired condition with a high probably of resulting in developmental disability as defined above. MCL 330.1100a(25).
No Filing Fee
Forms:
-Petition For Appointment of Guardianship. Individual with Alleged Developmental Disability (PC 658)
-Personal Protected Identifying Information (MC 97)
-Acceptance of Appointment (PC 571)
-Addendum to Protected Personal Identifying Information (MC 97A)
-Proof of Service (PC 564)
-Annual Report (PC 663) *Must be turned in with Proof of Service*
-Petition to Modify/Terminate Guardianship (PC 677)
Minor Guardianship
A minor guardianship may be needed to provide legal authority for adults other than the parents of a minor to take care of them. A petition for guardianship may be filed by a person concerned about the child’s well-being. MCL – Section 700.5204
$175 Filing Fee
Forms:
-Petition For Appointment of Guardian Of Minor (PC 651)
-Minor Guardianship Social History (PC 670)
-Protected Personal Identifying Information (MC 97)
-Acceptance of Appointment (PC 571)
-Addendum to Protected Personal identifying Information (MC 97A)
-Proof of Service (PC 564)
-Annual Report (PC 654) *Must be turned in with Proof of Service*
-Petition to terminate/Modify Guardianship (PC 675)
Other Resources
– Guide for Michigan’s Adult Guardianship Process
–Options You Should Know Before Filing for Full Adult Guardianship (PC 666)
–Michigan Child Guardianship Manual