Please read before proceeding |
| This information is not intended to be legal advice, but a brief explanation of the basic procedure that is required. Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you. You are not required to have an attorney; however, the Court cannot act as your attorney. If you do not understand process or have questions on what to do, you will need to obtain other assistance. |
Power of Attorney
A Power of Attorney is a document signed by a parent that gives an adult the legal power to act on behalf of a minor according to the terms of the document. There is no court involvement. A Power of Attorney is active for a maximum of 180 days and can be revoked at any time.
Guardianship of a Minor
A minor guardianship gives an adult other than the parent the power to act on behalf of a minor. If a minor lives with an adult that is not the parent and no power of attorney has been signed by the parent, a Petition for Guardianship may be filed. An adult, or a minor age 14 or older, may file this petition.
| Guardianship of a Minor Packet Forms |
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Limited Guardianship of Minor
If a custodial parent wants to give another person legal power to act on behalf of a minor, he or she may file a limited guardianship petition. This petition can only be filed by the custodial parent or parents.
| Limited Guardianship of Minor Packet Forms |
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Petition to Terminate/Modify Guardianship of Minor
If a change needs to be made to the guardianship, a petition to modify the guardianship can be filed. If the guardianship is no longer needed, a petition to terminate the guardianship can be filed.
| Petition to Terminate/Modify Guardianship of a Minor Packet Forms |
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Objection
If you do not agree with a Petition that has been filed, you may file an Objection along with filing fee of $20.00. A copy of you Objection must be mailed or hand-delivered to interested parties and a Proof of Service must be filed with the Court.
Annual Report
Each year, the guardian must complete an Annual Report to file with the Court and must mail a copy of this report to the parent(s) of the minor or if parent(s) are deceased, to the presumptive heirs of the minor. This report is due once a year. The due date can be found on the second page of the Letters of Guardianship.
Withdrawal of Petition
If you have filed a Petition that you would like to withdraw, a Withdrawal of Petition form may be filed.
Additional Resources
Frequently Asked Questions
Self Help Legal Resource Center of Berrien County
Legal Resource and Referral Center
Michigan Legal Help