How are guardians and conservators appointed?

A guardian or conservator may be appointed by a Probate Judge after a petition is filed in the Probate Court. The petition may be filed by anyone interested in the well being of the minor, except that one type of guardianship (limited) may only be requested by a parent having custody or by both parents if both parents have custody. For a limited guardianship, the Court must approve a placement plan for the minor, including how long the guardianship is to last.

When the petition is filed, a hearing will be scheduled as soon as possible (in some emergency cases, it may be possible to obtain an immediate temporary guardian before the hearing). The person who files the petition has the responsibility to properly notify the persons who have a right to know about the hearing. In guardianship cases, if a party is incarcerated under the jurisdiction of the Michigan Department of Corrections, their name, address, and prisoner number must be listed on the petition to obtain this information, call  517-373-0284. In addition, the Court may appoint a guardian ad litem to investigate the situation and make a recommendation to the Court prior to the hearing.

On the date of the hearing, the petitioner and anyone else who wants to take part in the hearing goes before the Judge and explains the need for a guardian or conservator. The person who is appointed guardian is required to file an Acceptance of Appointment. The person who is appointed conservator must file an Acceptance of Appointment and may also be required to file a Bond to protect the minor’s assets. After filing the Acceptance of Appointment (and Bond, if required), Letters of Authority will be issued to the guardian or conservator. The Letters of Authority give the guardian or conservator the right to perform the following duties, unless the Court restricts their authority.

Show All Answers

1. What are the filing fees?
2. When may a guardian or conservator be necessary for a minor?
3. What is the difference between a guardian and a conservator?
4. How are guardians and conservators appointed?
5. What are the duties of a guardian?
6. What are the duties of a conservator?
7. When may a guardianship or conservatorship be terminated?
8. Do I need an attorney?