Guardianship of an Adult


These are the basic instructions on what you will need to file regarding guardianship of an adult. At the bottom of this instruction page will be a list of forms that are required to file for guardianship.

NOTE: ALL FORMS MUST BE TYPEWRITTEN OR PRINTED NEATLY IN BLUE OR BLACK INK ONLY

The Probate Code defines “Guardian” as having responsibility over the person (for medical decisions, placement decisions, etc.)

The Petition For Appointment and Report of Physician supporting the guardianship are filed with the Probate Court. The filing fee is $187.00 and is payable to the Antrim County Probate Court at the time of filing. If you feel that the ward is indigent, you may request a Financial Statement from our office. This can be submitted to determine if the filing fee can be waived. An Acceptance of Appointment is completed by the proposed Guardian and is also filed with the Court. The Court does recommend that a Stand-By guardian also be appointed.

If you are requesting both guardian and conservator, the hearing can be a combined hearing on both Petitions.

The Court will then appoint a Guardian ad Litem to represent the interests of the person for whom you are requesting a Guardian be appointed. The Guardian ad Litem interviews the person and files a written report.

The Court will do a Notice of Hearing noticing all interested parties of the hearing date.

If the Guardian ad Litem does not recommend the appointment of a guardian, it may be necessary to have the physician (and possibly other witnesses) appear to testify to support your request for the appointment of a guardian.

THE PETITIONER MUST APPEAR AT THE HEARING AND TESTIFY TO THE FACTS INCLUDED IN THE PETITION(S).

You will be issued a certified copy of Letters of Guardianship if appointed by the judge. You may need to present these letters to various doctor's offices, etc. as proof of appointment. We recommend that you maintain the certified copy of your Letters for your records, however, if additional certified copies are needed they are available for $12 per copy. 

Page two of your Letters of Guardianship list some of the duties you have as guardian including an annual report that is due on the anniverary of the appointment. This report must be filed in a timely manner with the court. A review of the guardianship by the court will take place after the 1st year and every 3rd year there after.