Frequently Asked Questions

The appointment of a guardian may be necessary for an adult who lacks sufficient understanding or capacity to make or communicate informed decisions because of impairment due to mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause.

If an individual has a developmental disability, the guardianship must be brought under the Mental Health Code. Please ese the handout for Guardianships for Individuals with a Developmental Disability.

There may be some alternatives to guardianship for your specific situation. These alternatives are mentioned on form PC 666, which is included in these materials. When filing a petition for guardianship, the petitioner must sign this form acknowledging that they have read the information. MCL 700.5303(2). 

Depending on the needs of the respondent, the Court may appoint a full guardian, temporary guardian, or a limited guardian. A full guardian is authorized to make all decisions allowed by law for the incapacitated individual. A limited guardian is authorized to make all decisions allowed by law for the incapacitated individual. A limited guardian has authority to make decisions regarding specific areas that would be noted on the Court Order and Letters of Guardianship. A temporary guardian is authorized by the Court to make some or all decisions for the incapacitated individual in an emergency situation and has the authority to act for no more than 28 days (the expiration date will be listed on the Letters of Guardianship). 

The petition can be filed by the alleged protected individual, or any person who is interested in the individual's welfare. MCL 700.5303(1).

The proper venue for a guardianship petition is the county in which the alleged incapacitated individual resides or is found. MCL 700.50302.

The subject of the guardianship proceeding must be personally served with PC 626 — Notice of Rights to Alleged Incapacitated Individual, which notes, among other rights, that the individual is entitled to:

• An independent evaluation;
• Be present at the hearing;
• Be represented by an attorney;
• Present evidence and cross-examine witnesses;
• A trial by jury;
• Request that the hearing be closed to the public. 

The Petitioner must attend the hearing or the petition will be dismissed. The petitioner must provide testimony and evidence establishing that the appointment of a guardian is necessary. The Court may appoint a guardian if satisfied by clear and convincing evidence that the statutory grounds for appointment have been met. MCL 700.5306

If an emergency exists, the Judge of Probate may appoint a temporary guardian until a full hearing can be held. The petitioner should check box 13 on the petition and state the nature of the emergency. The court may schedule an emergency hearing and appoint a guardian ad litem. The alleged incapacitated individual must be personally with a copy of the Petition, Notice of Hearing, and Notice to Alleged Incapacitated Individual on Petition to Appoint Guardian. If a temporary guardian is appointed, the hearing on the permanent guardianship will be set by the Court within 28 days. MCL 700.5312.

A person designated by the respondent who is competent, suitable, and willing to serve has first priority to be appointed. If the respondent does not have a preference, the priority for appointment is as follows:

• A person previously named in a durable power of attorney;
• The spouse or someone nominated by the spouse in his/her will;
• An adult child of the respondent; 
• A relative the respondent has lived with for more than 6 months before the petition was filed;
• Someone nominated by the person who is caring for the respondent or caring for his/her care;
• Any competent adult suitable and willing to serve.

MCL 700.5313