Full Guardianship

Full Guardianship of a Minor

A "Full" Guardian of a minor may be appointed only in three instances:

1. The minor is unmarried and the rights of both parents have been terminated or suspended by any of the following:

o    Prior court order

o    Judgment of Divorce or Separate Maintenance

o    Death

o    Mental incompetence as determined by the court  

o    Disappearance

o    Confinement in a place of detention; OR

2. When the parent(s) have permitted the minor to reside with another person, but have not provided that other person with the legal authority for the care and maintenance of the minor; OR

3. All of the following:

o    The minor’s biological parents have never been married to one another; AND

o    The minor’s parent who has custody dies or is missing and the other parent has not been granted legal custody under court order; AND

o    The person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood or adoption.

INSTRUCTIONS FOR OPENING GUARDIANSHIP FOR MINOR

INITIAL OPENING $175.00 FILING FEE

PC651 Petition for Appointment of Guardian of Minor

PC670 Minor Guardianship Social History

DHS-1929 Central Registry Clearance Request – Complete and deliver to Clinton County DHS office (one for each guardian)

Guardian Proof of Identity – Complete and provide a copy of driver’s license (one for each guardian)

PC562 Notice of Hearing – Court will initially provide form and hearing information to the petitioner

After Petition is filed – do the Proof of Service PC564

PC564 Proof of Service – For Petition and Notice of Hearing, stating you did serve all interested parties

PC563 Publication of Notice of Hearing & PC617 Declaration of Intent to Give Notice by Publication – Only needed if last known address of interested parties (parents) is unknown.

Once you file your petition for guardianship, a Lawyer-Guardian Ad Litem will be appointed to visit the proposed ward, conduct a home visit with the proposed guardian, draft a report and make recommendations to the judge.

AFTER HEARING

PC571 Acceptance of Appointment – court will provide

Notice of Duties for Guardianship of Minor – court will provide

PC633 Letters of Guardianship - $12 for each certified copy

PC653 Order Regarding Appointment of Guardian of a Minor

DUE ANNUALLY DURING ADMINISTRATION*

PC654 Annual Report of Guardian On Condition Of Minor

PC564 Proof of Service

Please note that Clinton County Probate Court is prohibited by law from giving legal advice on any of the above proceedings other than to answer your specific questions regarding filing requirements. You should consult with an attorney if you have specific legal questions regarding which method of administration to use given your specific circumstances. MCL 700.1211.

*Clinton County does not send out reminders of upcoming due dates, or bills for fees.