Guardianship for Elderly Parent in Michigan: Filing Process and Court Forms

When an aging parent has lost the cognitive capacity to make personal and medical decisions — and no valid power of attorney or Patient Advocate Designation exists — the family must petition Michigan probate court for guardianship. This is a formal legal proceeding that strips the parent of certain rights and places them under court-supervised care.

Guardianship is the involuntary path. It exists because the voluntary tools (POA and Patient Advocate Designation) weren't set up in time. Here's how the process works, what forms you need, and what the timeline looks like.

When Guardianship Is Necessary

A guardian is only appropriate when the parent cannot make or communicate personal care decisions and no less restrictive alternative exists. Common triggers include:

• Advanced dementia where the parent can no longer understand or participate in medical decisions
• A catastrophic stroke or brain injury that leaves the parent unable to communicate
• No valid Patient Advocate Designation on file
• An immediate need to authorize medical treatment, facility placement, or care services that the parent cannot consent to

Michigan courts must find clear and convincing evidence that the parent is legally incapacitated before appointing a guardian.

Step 1: File the Petition (SCAO Form PC 625)

File the Petition for Appointment of Guardian of Incapacitated Individual (SCAO Form PC 625) in the probate court of the county where your parent resides or is currently located.

Additional forms required at filing:

• MC 97a — Protected Personal Identifying Information Addendum (shields your parent's SSN and date of birth from public record)
• PC 630 — Report of Physician or Mental Health Professional (medical documentation of incapacity)

Filing fee: $175 per petition. Payment can be made via credit card through MiFILE (Michigan's electronic filing system) or cash/check in person. If the family cannot afford the fee, fee waiver applications are available through SCAO Form MC 20.

Many Michigan counties — including Wayne, Oakland, Kent, and Macomb — require electronic filing through MiFILE rather than in-person paper filings.

Step 2: Guardian Ad Litem Investigation

The court appoints a Guardian Ad Litem (GAL) — an independent investigator, not the parent's attorney — to:

• Visit the parent in person
• Evaluate their living conditions and cognitive state
• Explain the parent's rights under MCL 700.5303
• File a written recommendation with the court

The petitioner pays the GAL fee, which typically ranges from $150 to $300 depending on the county and complexity.

Step 3: Serve All Interested Persons

Under MCR 5.108, you must serve a copy of the petition and the Notice of Hearing (Form PC 562) to all interested persons: the parent, their spouse, all adult children, and any current care facility.

Service deadlines:

• Personal service: at least 7 days before the hearing
• Mail service (first-class): at least 14 days before the hearing

The parent must be served personally and provided with the Notice of Rights to Alleged Incapacitated Individual (Form PC 626). This form explains their right to attend the hearing, contest the petition, request their own attorney, and demand a jury trial.

Step 4: Attend the Hearing

At the formal hearing, the petitioner must present clear and convincing evidence of the parent's incapacity. This typically includes medical records, physician reports (PC 630), neuropsychological evaluations, and testimony from caregivers or social workers.

If the petition is uncontested — no family member objects and the GAL recommends appointment — the hearing is usually brief. The court issues an Order Appointing Guardian (Form PC 631).

If contested (a sibling objects, the parent opposes guardianship, or multiple family members seek appointment), the hearing becomes adversarial. Legal representation is strongly recommended for contested proceedings.

Step 5: Post-Appointment Requirements

After appointment, the guardian must:

1. File an Acceptance of Appointment (Form PC 571) before receiving Letters of Authority
2. Post a surety bond if ordered by the court (amount based on the ward's assets and income)
3. File an Annual Report (Form PC 634) within 8 weeks of each anniversary of appointment, detailing the parent's physical health, mental status, living arrangement, and care services
4. Obtain court approval before making major decisions like selling the parent's home, moving them to a different state, or consenting to experimental medical treatment

Timeline: What to Expect

The Michigan Power of Attorney & Guardianship Kit includes step-by-step instructions for completing every SCAO form in the guardianship filing sequence, plus a guardianship filing worksheet to organize the required information before your probate court appointment.

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