Guardianship - Legally Incapacitated Person
Livingston County, MichiganCourtsProbate CourtGuardianship - Legally Incapacitated Person

Guardianship - Legally Incapacitated Person

​Any person interested in an alleged incapacitated person's welfare, or the alleged incapacitated person themselves, may petition the Court to determine incapacity and appoint a guardian. The petition must contain specific facts of the alleged incapacitated person's conduct or condition that demonstrates​ a need for a guardian. The petitioner MUST nominate a proposed guardian in the petition. Court staff is prohibited from suggesting any proposed guardians, but may provide you with a list of professional guardians that service the Livingston County area, upon request. 

FILING FEE: $175.00
INSTRUCTIONS
 What you need to know before filing a petition to appoint a guardianship for an incapacitated adult.  Click here
 

I. FILL OUT THE FOLLOWING FORMS:

A. Petition for Appointment of Guardian of Legally Incapacitated Person (PC 625).

B. Acceptance of Appointment (PC 571). ** Must be signed by proposed guardian(s) 

C. Fiduciary Proof of Identity (PC1071). **Must be completed by proposed guardian(s)

D. Criminal Background Check. ** Must be completed by proposed guardian(s)

II. FILING OF FORMS:

A. Return to the counter with the $175.00 Filing Fee + $13.00 Fee for certified copies of Letters of Guardianship and completed documents. The filing fee may be paid by CASH/CHECK/MONEY ORDER/CREDIT CARD. Cash payments must be exact change. 

B. Physician's Certificate (if prepared and provided to you by a physician).

C. Forms will be reviewed by staff.

D. A hearing will be scheduled and statutes require the Court appoint a Guardian Ad Litem (GAL). The GAL will charge a fee which is required to be paid by the Petitioner, Alleged Incapacitated Individual, or Conservator.  Fees may vary due to extent of work involved.

III. PLEASE PROVIDE COPIES OF THE FOLLOWING: (IF APPLICABLE)

A.    Durable Power of Attorney.

B.    Advanced Medical Directive or Patient Advocate Designation.

IV. IF THE COURT APPOINTS A GUARDIAN:

A. Please refer to MCL 700.5314 -  Powers and Duties of Guardian.

B. If a change in the guardianship is requested, a petition to modify (PC 675) shall be filed with the Court along with a $20.00 filing fee.

Handbook for Guardians of Adults