Guardianship Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Michigan requires the use of official SCAO court forms for guardianship petitions: PC 625 (Incapacitated Individual)
or PC 651 (Minor). This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form before filing. The official forms are available at
courts.michigan.gov/SCAO-forms/guardianship. Do not file this document directly with the court.

PETITION FOR APPOINTMENT OF GUARDIAN

(State of Michigan – Probate Court)

TABLE OF CONTENTS

1. Caption & Document Header
2. Defined Terms
3. Jurisdiction and Venue
4. Parties and Standing
5. Statutory Grounds for Guardianship
6. Bond and Insurance (Risk Allocation)
7. Requested Relief & Proposed Orders
8. Notice, Service, and Procedural Compliance
9. Verification / Signature Block
10. Certificate of Service

1. CAPTION & DOCUMENT HEADER

STATE OF MICHIGAN
PROBATE COURT
[COUNTY] COUNTY

In the Matter of:
___________________________________
[WARD FULL LEGAL NAME],
   a [minor / legally incapacitated individual].

Case No.: ___________________
Hon. ________________________

PETITION FOR APPOINTMENT OF [LIMITED / FULL] GUARDIAN
AND ENTRY OF RELATED PROTECTIVE ORDERS

Effective Date of Filing: ____________________

2. DEFINED TERMS

For clarity and consistency, the following capitalized terms have the meanings set forth below and apply throughout this Petition and all related filings:

1. “Act” – Michigan Estates and Protected Individuals Code (“EPIC”), MCL 700.1101 et seq.
2. “Adult Ward” – An individual alleged to be incapacitated under MCL 700.1105(a).
3. “Minor Ward” – An unemancipated individual under age 18.
4. “Court” – The Probate Court for the County and State identified in the Caption.
5. “Guardian” – The person sought to be appointed herein, possessing the powers and duties provided in Article V of EPIC and any additional orders of this Court.
6. “Petitioner” – The individual(s) or entity(ies) initiating this proceeding.
7. “Reporting Requirements” – The Guardian’s annual reporting obligations under MCL 700.5314 (adult) or MCL 700.5215 (minor), together with Michigan Court Rule (“MCR”) 5.409.
8. “Bond Requirements” – Any fiduciary bond mandated by the Court pursuant to MCL 700.5103 and MCR 5.202–5.203.

3. JURISDICTION AND VENUE

3.1 Governing Law. This matter arises under EPIC, Article V, Guardianship, MCL 700.5201 et seq. (minors) or MCL 700.5301 et seq. (adults), and is further governed by MCR 5.101 et seq.

3.2 Probate Court Authority. The Court possesses subject-matter jurisdiction over this Petition pursuant to MCL 700.1302(c) and exclusive jurisdiction over the person of the alleged Ward under MCL 700.1303(1)(b).

3.3 Venue. Venue is proper in this County because the Ward (check one):
☐ resides; ☐ is present; ☐ owns property; ☐ was admitted to a care facility
within the territorial jurisdiction of this Court. (See MCL 700.5104 / 700.5311.)

4. PARTIES AND STANDING

4.1 Petitioner Information.
Name: [PETITIONER NAME]
Relationship to Ward: [parent / spouse / adult child / interested person / other]
Address: ____________________________________
Telephone: __________________ Email: __________________

4.2 Proposed Guardian (if different from Petitioner).
Name: [PROPOSED GUARDIAN NAME]
Capacity Sought: [limited / full] guardian
Qualifications: [brief statement of suitability – e.g., background, licensure]

4.3 Ward Information.
Name: [WARD FULL LEGAL NAME]
Date of Birth: __/__/____ Age: ____
Address / Current Placement: _____________________________________________

4.4 Standing. Petitioner is an “interested person” as defined in MCR 5.125(C) and MCL 700.1105(c) and therefore has standing to seek the relief requested herein.

5. STATUTORY GROUNDS FOR GUARDIANSHIP

5.1 Guardianship Standards (Adults).
a. Incapacity. The Adult Ward is unable to make informed decisions regarding care, custody, and medical treatment by reason of [medical condition / cognitive impairment], as evidenced by the attached physician’s report (Exhibit A) required under MCL 700.5303(3).
b. Necessity & Best Interests. No less-restrictive alternative (e.g., durable power of attorney, patient advocate designation) is sufficient; appointment of a Guardian is in the Ward’s best interests.

5.2 Guardianship Standards (Minors).
a. Parental Unavailability. The minor’s parents are [deceased / incarcerated / whose parental rights have been suspended, terminated, or limited], triggering the Court’s authority under MCL 700.5204.
b. Fitness of Proposed Guardian. The proposed Guardian is a fit and proper person able to provide for the minor’s health, education, and welfare.

5.3 Scope Requested.
☐ Limited Guardianship—specific powers enumerated in Section 5.4.
☐ Full Guardianship—plenary authority under MCL 700.5314 (adult) / 700.5215 (minor).

5.4 Requested Powers (if limited):

1. Medical decision-making
2. Residential placement approval
3. Educational planning
4. Financial transactions not exceeding $________ per month

6. BOND AND INSURANCE (RISK ALLOCATION)

6.1 Bond Request. In accordance with MCL 700.5103 and MCR 5.202–5.203, Petitioner:
☐ Requests waiver of bond for good cause shown (no estate funds, purely personal-care guardianship).
☐ Proposes bond in the penal sum of $__________, secured by corporate surety acceptable to the Court.

6.2 Insurance. If the Guardian will manage significant assets of the Ward, Petitioner proposes that the Guardian obtain fiduciary liability insurance with minimum limits of $__________ per occurrence, naming the Ward’s estate as loss payee.

7. REQUESTED RELIEF & PROPOSED ORDERS

Petitioner respectfully requests that the Court:

a. Determine venue and jurisdiction proper and that all interested persons have been served or waived service in conformity with MCR 5.125 and 5.401.
b. Find by clear and convincing evidence that the statutory prerequisites of EPIC are satisfied and that appointment of a [limited / full] Guardian is in the Ward’s best interests.
c. Appoint [PROPOSED GUARDIAN NAME] as [limited / full] Guardian, issue Letters of Guardianship, and require compliance with all Reporting Requirements.
d. Set bond pursuant to Section 6 above and authorize issuance upon filing of the bond.
e. Authorize the Guardian to exercise the specific powers enumerated in Section 5.4 (if limited).
f. Grant any other relief, including protective orders, necessary and proper to protect the Ward.

8. NOTICE, SERVICE, AND PROCEDURAL COMPLIANCE

Petitioner will (or has) served all required notices on each “interested person” listed in the attached Notice List (Exhibit C) in the manner prescribed by MCR 5.125 and within the time frames of MCR 5.102. Proofs of service will be filed before the scheduled hearing.

9. VERIFICATION / SIGNATURE BLOCK

I declare under the penalties of perjury that the foregoing statements are true to the best of my knowledge, information, and belief.

Date: _______________ Respectfully submitted,

_____________________________________
[PETITIONER NAME], Petitioner

Address: ____________________________
Telephone: __________________________
Email: ______________________________

10. CERTIFICATE OF SERVICE

I certify that on ___________ [date], I served a copy of this Petition, together with all exhibits and the proposed order, upon each interested person identified in Exhibit C by the method indicated therein.

_____________________________________
[NAME], [Petitioner / Attorney for Petitioner]

EXHIBIT LIST (Reference Only)

A. Physician or Mental Health Professional Report (Adult) / Birth Certificate & Parental Status Evidence (Minor)
B. Proposed Order Appointing Guardian and Letters of Guardianship
C. Notice List & Proofs of Service
D. Guardian’s Acceptance of Appointment
E. Bond (if ordered)