How to File for Guardianship in Michigan

Choose the Right Probate Track First

Michigan runs two completely separate guardianship tracks through probate court, and filing under the wrong one can lead to dismissal, weeks of delay, and potentially another filing fee.

Developmental Disability (DD) track. Governed by Chapter 6 of the Michigan Mental Health Code (MCL 330.1600 et seq.). This track applies when the person's cognitive or developmental impairment manifested before age 22, is expected to continue indefinitely, and causes substantial functional limitations in at least three major life activities. File using SCAO Form PC 658. There is no filing fee.

Legally Incapacitated Individual (LII) track. Governed by EPIC under MCL 700.5303. This covers conditions that arose after age 22 — traumatic brain injuries, dementia, progressive neurological conditions. File using SCAO Form PC 625. The filing fee is $175.

For most families whose child with a developmental or intellectual disability is approaching their 18th birthday, the DD track is the correct path. The zero filing fee and the Mental Health Code's additional procedural protections (mandatory court-appointed counsel for the respondent, for instance) make it the more appropriate and less expensive option.

Assemble the Filing Packet

Both tracks require a set of mandatory SCAO forms beyond the primary petition. Missing any of these will delay processing:

For the DD track (PC 658):

• Form PC 658 — the petition itself, identifying the proposed guardian, the individual, and the specific powers requested
• Form PC 659 — the multidisciplinary evaluation report. This is the most common stumbling block. The evaluation must be completed within one year of the filing date, must cover the individual's mental, physical, social, and educational condition, and must include an assessment by a licensed physician or psychologist competent in developmental disabilities. That evaluator must also provide testimony at the hearing.
• Form PC 571 — Acceptance of Appointment, pre-signed by the proposed guardian
• Form MC 97 — Protected Personal Identifying Information (SSN, date of birth) for the individual. This form keeps sensitive data confidential in court records.
• Form MC 97a — Addendum with the proposed guardian's personal identifying information

For the LII track (PC 625): The same supporting forms apply (PC 571, MC 97, MC 97a), but instead of the PC 659 multidisciplinary report, you'll typically need medical or psychological evidence documenting incapacity — there's no single mandatory companion form, but arriving without clinical documentation will weaken the petition considerably.

Wayne County petitioners must also attach Form WCPC 99 (Petitioner Filing Coversheet) and Form MC 505 (Contact Information). Other counties may have local supplements — check your county probate court's website before filing.

File and Pay

File the completed packet with the probate court in the county where the individual lives or is physically located. Check that county's probate court for its accepted filing methods and any local supplements before filing.

• DD track: $0 filing fee
• LII track: $175 filing fee
• LII guardianship + conservatorship: $350 total (two $175 petitions)
• Fee waiver: Submit Form MC 20 with the requested household income and asset information; the court decides whether to suspend court costs.

The probate court clerk will assign a case number, schedule the hearing (required within 30 days for DD petitions), and tell you the hearing date.

Serve Everyone on Time

Service of process is where many first-time filers run into trouble. Michigan has strict statutory timelines:

The respondent (the person who would be placed under guardianship) must receive personal copies of the petition, notice of hearing, and Form PC 626 (Notice of Rights) at least 7 days before the hearing date. Mailing the respondent the papers does not satisfy this personal-service requirement.

All interested persons — spouse, adult children, parents, and any named agents under a power of attorney — must be served at least 7 days before the hearing if served personally, or at least 14 days before the hearing if served by mail.

After completing service, file Form PC 564 (Proof of Service) with the court on or before the hearing date. If the proof of service is missing or shows improper timing, the judge will postpone the hearing.

Prepare for the Hearing

The court appoints a Guardian ad Litem (GAL) once the petition is filed. The GAL's job is to visit the individual, explain their rights, investigate whether less restrictive alternatives could work, and submit a written report to the court at least 3 business days before the hearing.

At the hearing itself, the court must find by clear and convincing evidence that guardianship is necessary. Judges are legally required to apply the least restrictive alternative principle — they will grant a limited guardianship over a full (plenary) one whenever possible, restricting the guardian's authority to only those areas where the individual demonstrably cannot manage.

The individual has the right to attend the hearing, be represented by counsel (mandatory appointment under the Mental Health Code for DD cases), present evidence, cross-examine witnesses, request an independent evaluation at public expense, and demand a jury trial.

After Appointment

If the court grants the petition, the guardian signs Form PC 571 (Acceptance of Appointment) and receives Letters of Authority — certified copies cost $12–$13 each. You'll need several: one for medical providers, one for financial institutions, one for school districts.

Ongoing duties begin immediately. Guardians of the person must file an annual report on the ward's condition (Form PC 634 for LII, Form PC 663 for DD) within 56 days of the appointment anniversary. Conservators of the estate must file Form PC 584 (Annual Account) with a $20 filing fee. Failure to file triggers court investigation.

The Michigan Adult Guardianship & Alternatives Guide includes county-specific filing checklists for Wayne, Oakland, and other high-population courts, along with annotated walkthroughs of every SCAO form in the packet. It also covers the less restrictive alternatives — Patient Advocate Designations, Durable Powers of Attorney, and FERPA releases — that many families discover can replace court involvement entirely.

See more Michigan guides →