What is a guardian?
A guardian takes care of an incapacitated adult’s personal needs, including decision-making related to medical and placement needs when an individual is unable to do so.
When to consider guardianship?
A guardian is necessary when a person lacks the understanding or capacity to make or communicate informed decisions, which can be supported by medical professionals, such as an attending physician, at which time they become “incapacitated.”
*If guardianship is granted, Petitioner will be required to file an annual report with the court to renew guardianship.*
Alternatives to Guardianship from PC666:
https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc666.pdf
Conservator
A conservator is appointed by a judge to take care of another adult’s finances and assets. A conservator is not expected to use his or her own money to support the adult needing assistance. The court can also limit a conservator’s authority to certain kinds of decisions for the adult.
The conservator:
- manages assets
- pays the bills
- makes general financial decisions for the person
Durable Power of Attorney
An adult can choose to appoint someone to take care of his or her finances through a financial “durable power of attorney.” The adult must be of sound mind to sign this document. He or she can:
- limit when this document is effective
- limit what the appointed person can do
Health Care Power of Attorney
You will sometimes hear this called a “patient advocate designation” or a “durable power of attorney for health care.” It is a document an adult can sign that gives someone else the authority to make care decisions when he or she is not capable. Those decisions could be about:
- health care
- mental health treatment
- living arrangements
The information below has been taken from the “Guide for Michigan’s Adult Guardianship Process”
https://www.mha.org/wp-content/uploads/2024/04/Michigan-Guide-to-Guardianship_MHA_FinalCopy.pdf
Instructions for completing the Guardianship Petition Form
https://www.courts.michigan.gov/49ca3d/siteassets/forms/scao-approved/instpc625.pdf
- WCPC 99, Petitioner Filing Coversheet
- PC 625, Petition for Appointment of Guardian of Incapacitated Individual
Note: Names and addresses of all interested persons must be listed on petition. If you are missing addresses for any interested person(s), after you receive the hearing information, you must arrange for notice via publication of the hearing information. - PC 617, Declaration of Intent to Give Notice by Publication. Complete a separate form PC 617 for each person to be notified by publication
- MC 505, Contact Information. This must be completed with the email and phone number of the petitioner and filed in order to schedule a hearing.
- MC 97, Protected Personal Identifying Information (information of the person who is the subject of the petition)
- WCPC 571, Acceptance of Appointment (completed and signed by proposed guardian)
Click here for instructions on how to fill out form WCPC571 - MC 97a, Addendum to Protected Personal Identifying Information (information of the proposed guardian)
- WCPC 571, Acceptance of Designation (completed and signed by proposed standby guardian, if any)
- MC 97a, Addendum to Protected Personal Identifying Information (information of the proposed standby guardian)
Listed below are other forms which may be recommended or required. Please consult with your local probate court for specific details about your case.
- PC 630.pmd Report of Physician or Mental Health Professional
- PC 626, Notice of Rights to Alleged Incapacitated Individual
Where to file in Wayne County:
https://www.wcpc.us/wheredoifile.pdf
For more information go to your county Probate Court website. WCPC – Filing Procedures – Adult Guardianships