Guardianships & Conservatorships - Probate Court - Tuscola County

Guardianships & Conservatorships

Guardianships

The Probate Court hears cases involving the appointment of guardians for incapacitated individuals, developmentally disabled individuals, and minors.

Incapacitated Individuals are adults who are no longer able to take care of themselves and need the assistance of a guardian.

Developmentally Disabled Individuals are adults who were either born with a disability or have a disability that manifested before the age of 22, and which need the assistance of a guardian with daily activities. If requesting a guardian of the person & estate, this is the only type of guardianship/conservatorship that can be done on the same petition.

Minor Guardianships are put into place two different ways. One, which is a Full Guardianship, is when the minor's parents leave the minor with an individual and are unable or unwilling to sign off on the guardianship. The other, which is a Limited Guardianship, is when the minor's parents are willing to sign off on the petition for guardianship knowing that the guardianship will be put into place for a short period of time, and an agreement is signed between the parents and the guardian.

Modify Guardianships

When a guardian is already appointed and either the guardian is no longer willing/able to act, the duties of the guardian have been breached, or a guardian is no longer needed, a petition to modify/terminate the guardianship may be filed with the court.

Conservatorships

The Probate Court hears cases involving the appointment of conservators for incapacitated individuals, developmentally disabled individuals, and minors.

Incapacitated Individuals are adults who are no longer able to take care of their assets and need the assistance of a conservator.

Developmentally Disabled Individuals are adults who were either born with a disability or with a disability that manifested before the age of 22, and which need the assistance of a conservator to take care of their assets. If requesting a guardian of the person & estate, this is the only type of guardianship/conservatorship that can be done on the same petition.

Minor Conservatorships are put into place when a minor is coming into money over the amount of $5,000. All minor conservatorships assets are ordered to be placed into a restricted account so that no monies may be withdrawn without prior court order.

Modify Conservatorship

When a conservator is already appointed and either the conservator is no longer willing/able to act, the duties of the conservator have been breached, or a conservator is no longer needed, a petition to modify/terminate the conservatorship may be filed with the court.

Information

Select an option, the information is displayed on right or below

Petition for Guardian of Incapacitated Individual

Tuscola County Probate Court

Instructions for appointment of Guardian of an Incapacitated Individual

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) will be appointed to represent the alleged incapacitated individual.
    4. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Appoint Guardian -- $150
    2. Electronic Filing System Fee - $25
    3. Letters of Guardianship -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee -- TBD by GAL
  3. Doctor's Statement/Report of Physician

    It is recommended that a statement by the treating physician should accompany the petition to appoint guardian. (The petition may be filed without a Doctor's Statement.)

    The statement must:

    1. Be on doctor's letterhead, typed, dated, and signed by the doctor.
    2. Describe the alleged protected individual's condition or ailment, and state the prognosis.
    3. Indicate whether or not the person is able to attend a court hearing.

    Or:

    1. Form PC 630 (Report of Physician or Mental Health Professional) may be used.
  4. Order for appointment of guardian ad litem/attorney

    The court must, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the alleged incapacitated individual unless the person has his/her own attorney. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a guardian is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the alleged incapacitated individual.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  5. Notice of Hearing

    Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again. The alleged incapacitated individual must also attend the hearing unless the GAL is prepared to waive his/her presence in Court, or the doctor's letter indicates that the person cannot attend the hearing.

  6. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing. The alleged incapacitated individual must be served personally at least seven (7) days prior to the regular hearing for a conservator (this is usually done by the GAL).

    The other interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a guardian of an incapacitated individual are:

    1. The individual alleged to be incapacitated
    2. The spouse of the alleged incapacitated individual
    3. The children of the alleged incapacitated individual
    4. Living parents
    5. If no spouse, child, or parent is living, the presumptive heirs of the person
    6. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the alleged incapacitated individual, and the person who has care & custody of the alleged incapacitated individual
    7. The nominated guardian
    8. Person who files a request for notice pursuant to MCL 700.5104(1)
    9. Special parties (Attorney General)

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    When the AG is a party of interest on your petition, they must be served; either personally or by mail at:

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  7. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  8. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  9. Forms needed when filing Adult Guardianship

    Optional Forms

Petition for Guardian of Developmentally Disabled Individual

Tuscola County Probate Court

Instructions for appointment of Guardian of Developmentally Disabled Individual

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. An Attorney will be appointed to represent the alleged developmentally disabled individual.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Appoint Guardian -- Free
    2. Letters of Guardianship -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Attorney fee -- Provided by the Court
  3. Report to Accompany Petition

    This form must be completed and returned with the Petition for Guardianship. If this form is not returned with the Petition, the Court will order a report to be completed, which will extend the time before a hearing can be set.

  4. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  5. Forms needed when filing Developmental Disability Guardianship

Petition for Full Guardian of Minor

Tuscola County Probate Court

Instructions for appointment of Guardian of a Minor

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) may be appointed to represent the minor.
    4. DHS shall be appointed to review case.
    5. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Appoint Guardian -- $150
    2. Electronic Filing System Fee - $25
    3. Letters of Guardianship -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee -- TBD by GAL
  3. Order for appointment of guardian ad litem/attorney (IF NEEDED)

    The court may, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the minor. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a guardian is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the minor.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  4. Notice of Hearing

    Your Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.

  5. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.

    The other interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a Guardian of a Minor are:

    1. The minor (if 14 years of age or order)
    2. Living parents
    3. If no parent is living, the presumptive heirs of the person
    4. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the person to be protected
    5. The nominated guardian
    6. Person who files a request for notice pursuant to MCL 700.5104(1)
    7. Special parties (Attorney General)

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    When the AG is a party of interest on your petition, they must be served; either personally or by mail at:

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  6. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  7. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  8. Forms needed when filing Minor Guardianship

Petition for Limited Guardian of Minor

Tuscola County Probate Court

Instructions for appointment of Limited Guardian of a Minor

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) may be appointed to represent the minor.
    4. DHS shall be appointed to review case.
    5. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Appoint Limited Guardian -- $150
    2. Electronic Filing System Fee - $25
    3. Letters of Limited Guardianship -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee -- TBD by GAL
  3. Order for appointment of guardian ad litem/attorney (IF NEEDED)

    The court may, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the minor. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a limited guardian is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the minor.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  4. Notice of Hearing

    Your Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.

  5. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.

    The other interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a Limited Guardian of a Minor are:

    1. The minor (if 14 years of age or order)
    2. Living parents
    3. If no parent is living, the presumptive heirs of the person
    4. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the person to be protected
    5. The nominated limited guardian
    6. Person who files a request for notice pursuant to MCL 700.5104(1)
    7. Special parties (Attorney General)

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    When the AG is a party of interest on your petition, they must be served; either personally or by mail at:

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  6. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  7. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  8. Forms needed when filing Minor Limited Guardianship

Petition to Appoint Conservator of an Adult

Tuscola County Probate Court

Instructions for appointment of conservator of a protected individual

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) will be appointed to represent the alleged protected individual.
    4. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Appoint Conservator -- $150
    2. Electronic Filing System Fee - $25
    3. Petition for a Protective Order -- $150
    4. Letters of Conservatorship --$12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee -- TBD by GAL
  3. Doctor's Statement/Report of Physician

    It is recommended that a statement by the treating physician should accompany the petition to appoint conservator. (The petition may be filed without a Doctor's Statement.)

    The statement must:

    1. Be on doctor's letterhead, typed, dated, and signed by the doctor.
    2. Describe the alleged protected individual's condition or ailment, and state the prognosis.
    3. Indicate whether or not the person is able to attend a court hearing.

    Or:

    • Form PC 630 (Report of Physician or Mental Health Professional) may be used.
  4. Order for appointment of guardian ad litem/attorney

    The court must, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the alleged protected individual unless the person has his/her own attorney. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a conservator is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the alleged protected individual.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  5. Notice of Hearing

    Your Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again. The alleged protected individual must also attend the hearing unless the GAL is prepared to waive his/her presence in Court, or the doctor's letter indicates that the person cannot attend the hearing.

  6. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing. The alleged person to be protected must be served personally at least seven (7) days prior to the regular hearing for a conservator (this is usually done by the GAL).

    The other interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a Conservator or for a Protective Order are:

    1. The individual to be protected
    2. The spouse of the person to be protected
    3. The children of the person to be protected
    4. Living parents
    5. If no spouse, child, or parent is living, the presumptive heirs of the person
    6. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the person to be protected
    7. The nominated conservator
    8. Person who files a request for notice pursuant to MCL 700.5104(1)
    9. Special parties (Veterans Administration and Attorney General), and Governmental agency paying benefits to the individual or before whom an application for benefits is pending

    If Veterans Administration (VA) benefits are payable to the alleged protected individual, the VA is a party of interest.

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    If the individual alleged to need protection is receiving benefits from a governmental agency such as Social Security, or an application for benefits is pending, that governmental agency is a party of interest.

    When the VA, AG, or Social Security are parties of interest on your petition, they must be served; either personally or by mail at:

    Veterans Administration
    Patrick V. McNamara Bldg.
    477 Michigan Ave., Ste. 1460
    Detroit, MI 48226

    Social Security Administration
    611 E. Genesee
    Saginaw, MI 48601

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  7. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  8. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  9. Forms needed when filing Adult Conservatorship/Protective Order

    Optional Forms

Petition for Appointment of Conservator of a Minor

Tuscola County Probate Court

Instructions for appointment of conservator of a Minor

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) may be appointed to represent the minor.
    4. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Appoint Conservator -- $150
    2. Electronic Filing System Fee - $25
    3. Petition for a Protective Order -- $150
    4. Letters of Conservatorship -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee (when applicable) -- TBD by GAL
  3. Order for appointment of guardian ad litem/attorney (IF NEEDED)

    The court may, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the minor. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a conservator is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the minor.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  4. Notice of Hearing

    Your Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.

  5. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.

    The interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a Conservator or for a Protective Order are:

    1. The individual to be protected (if 14 years of age or order)
    2. Living parents
    3. If no parent is living, the presumptive heirs of the person
    4. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the person to be protected
    5. The nominated conservator
    6. Person who files a request for notice pursuant to MCL 700.5104(1)
    7. Special parties (Veterans Administration and Attorney General), and Governmental agency paying benefits to the individual or before whom an application for benefits is pending

    If Veterans Administration (VA) benefits are payable to the minor, the VA is a party of interest.

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    If the minor is receiving benefits from a governmental agency such as Social Security, or an application for benefits is pending, that governmental agency is a party of interest.

    When the VA, AG, or Social Security are parties of interest on your petition, they must be served; either personally or by mail at:

    Veterans Administration
    Patrick V. McNamara Bldg.
    477 Michigan Ave., Ste. 1460
    Detroit, MI 48226

    Social Security Administration
    611 E. Genesee
    Saginaw, MI 48601

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  6. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  7. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  8. Forms needed when filing Minor Conservatorship/Protective Order

Modify/Terminate Adult Guardianship

Tuscola County Probate Court

Instructions for petiton to modify/terminate Guardian of an Incapacitated Individual

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) will be appointed to represent the alleged incapacitated individual.
    4. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Modify/Terminate Guardian -- $20
    2. Letters of Guardianship (if applicable) -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee -- TBD by GAL
  3. Doctor's Statement/Report of Physician

    It is recommended that a statement by the treating physician should accompany the petition to appoint guardian. (The petition may be filed without a Doctor's Statement.)

    The statement must:

    1. Be on doctor's letterhead, typed, dated, and signed by the doctor.
    2. Describe the alleged protected individual's condition or ailment, and state the prognosis.
    3. Indicate whether or not the person is able to attend a court hearing.

    Or:

    • 1. Form PC 630 (Report of Physician or Mental Health Professional) may be used.
  4. Order for appointment of guardian ad litem/attorney

    The court must, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the alleged incapacitated individual unless the person has his/her own attorney. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a guardian is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the alleged incapacitated individual.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  5. Notice of Hearing

    Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again. The alleged incapacitated individual must also attend the hearing unless the GAL is prepared to waive his/her presence in Court, or the doctor's letter indicates that the person cannot attend the hearing.

  6. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing. The alleged incapacitated individual must be served personally at least seven (7) days prior to the regular hearing for a conservator (this is usually done by the GAL).

    The other interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a guardian of an incapacitated individual are:

    1. The individual alleged to be incapacitated
    2. The spouse of the alleged incapacitated individual
    3. The children of the alleged incapacitated individual
    4. Living parents
    5. If no spouse, child, or parent is living, the presumptive heirs of the person
    6. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the alleged incapacitated individual, and the person who has care & custody of the alleged incapacitated individual
    7. The nominated guardian
    8. Person who files a request for notice pursuant to MCL 700.5104(1)
    9. Special parties (Attorney General)

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    When the AG is a party of interest on your petition, they must be served; either personally or by mail at:

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  7. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  8. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  9. Forms needed when filing Modification of Adult Guardianship

    Optional Forms

Modify/Terminate Developmentally Disabled Guardianship

Tuscola County Probate Court

Instructions for petiton to modify/terminate Guardian of Developmentally Disabled Individual

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. An Attorney will be appointed to represent the developmentally disabled individual.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Modify/Terminate Guardian -- $20
    2. Letters of Guardianship (if applicable) -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Attorney fee -- Proivided by the Court
  3. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  4. Forms needed when filing Modification of Adult Guardianship

Modify/Terminate Minor Guardianship

Tuscola County Probate Court

Instructions for petition to modify/terminate Guardian of a Minor

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) may be appointed to represent the minor.
    4. DHS shall be appointed to review case.
    5. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Modify/Terminate Guardian -- $20
    2. Letters of Guardianship (if applicable) -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee -- TBD by GAL
  3. Order for appointment of guardian ad litem/attorney (IF NEEDED)

    The court may, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the minor. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a guardian is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the minor.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  4. Notice of Hearing

    Your Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.

  5. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.

    The other interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a Guardian of a Minor are:

    1. The minor (if 14 years of age or order)
    2. Living parents
    3. If no parent is living, the presumptive heirs of the person
    4. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the person to be protected
    5. The nominated guardian
    6. Person who files a request for notice pursuant to MCL 700.5104(1)
    7. Special parties (Attorney General)

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    When the AG is a party of interest on your petition, they must be served; either personally or by mail at:

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  6. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  7. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  8. Forms needed when filing Modification of Minor Guardianship

Modify/Terminate Adult Conservatorship

Tuscola County Probate Court

Instructions for Petition to modify/terminate conservator of a protected individual

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) will be appointed to represent the alleged protected individual.
    4. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Modify/Terminate Conservatorship -- $20
    2. Letters of Conservatorship -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee -- TBD by GAL
  3. Doctor's Statement/Report of Physician

    It is recommended that a statement by the treating physician should accompany the petition to appoint conservator. (The petition may be filed without a Doctor's Statement.)

    The statement must:

    1. Be on doctor's letterhead, typed, dated, and signed by the doctor.
    2. Describe the alleged protected individual's condition or ailment, and state the prognosis.
    3. Indicate whether or not the person is able to attend a court hearing.

    Or:

    1. Form PC 630 (Report of Physician or Mental Health Professional) may be used.
  4. Order for appointment of guardian ad litem/attorney

    The court must, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the alleged protected individual unless the person has his/her own attorney. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a conservator is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the alleged protected individual.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  5. Notice of Hearing

    Your Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again. The alleged protected individual must also attend the hearing unless the GAL is prepared to waive his/her presence in Court, or the doctor's letter indicates that the person cannot attend the hearing.

  6. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing. The alleged person to be protected must be served personally at least seven (7) days prior to the regular hearing for a conservator (this is usually done by the GAL).

    The other interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a Conservator or for a Protective Order are:

    1. The individual to be protected
    2. The spouse of the person to be protected
    3. The children of the person to be protected
    4. Living parents
    5. If no spouse, child, or parent is living, the presumptive heirs of the person
    6. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the person to be protected
    7. The nominated conservator
    8. Person who files a request for notice pursuant to MCL 700.5104(1)
    9. Special parties (Veterans Administration and Attorney General), and Governmental agency paying benefits to the individual or before whom an application for benefits is pending

    If Veterans Administration (VA) benefits are payable to the alleged protected individual, the VA is a party of interest.

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    If the individual alleged to need protection is receiving benefits from a governmental agency such as Social Security, or an application for benefits is pending, that governmental agency is a party of interest.

    When the VA, AG, or Social Security are parties of interest on your petition, they must be served; either personally or by mail at:

    Veterans Administration
    Patrick V. McNamara Bldg.
    477 Michigan Ave., Ste. 1460
    Detroit, MI 48226

    Social Security Administration
    611 E. Genesee
    Saginaw, MI 48601

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  7. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  8. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  9. Forms needed when filing Adult Conservatorship/Protective Order

    Optional Forms

Modify/Terminate Minor Conservatorship

Tuscola County Probate Court

Instructions for Petition to modify/terminate conservator of a Minor

Please read carefully

Court personnel cannot give legal advice

The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.

  1. Filing Procedure
    1. Present the forms which have been typed or printed legibly to the Clerk in the Probate Court, 440 N. State St., Caro, MI 48723. We may be reached by phone at (989) 672-3850.
    2. A hearing date will be set by the Clerk.
    3. A Guardian Ad Litem (GAL) may be appointed to represent the minor.
    4. It is the responsibility of the petitioner to serve the interested persons, and file the original forms with the court.
  2. Fees

    The court will accept:

    Cash, money orders, or personal checks (w/ driver's license & phone number)

    1. Petition to Modify/Terminate Conservator -- $20
    2. Letters of Conservatorship -- $12/Certified Copy

    Other fees that may apply:

    1. Publication fee in a Legal News (when applicable) -- TBD
    2. Guardian Ad Litem (GAL) fee (when applicable) -- TBD by GAL
  3. Order for appointment of guardian ad litem/attorney (IF NEEDED)

    The court may, by law, appoint a Guardian Ad Litem (GAL) to represent the interests of the minor. It will be the GAL's responsibility to visit the person, file a written report, and make a recommendation as to whether or not a conservator is needed; and file a proof of service with the court. The GAL will generally call to make an appointment to visit the minor.

    The GAL is not an employee of the Court, but will most likely be a licensed practicing attorney assigned by the Court. It is your responsibility to contact the GAL and discuss the fee. The court will forward the paperwork to the GAL. The petitioner is responsible to pay the GAL prior to the hearing date.

  4. Notice of Hearing

    Your Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.

  5. Proof of Service

    It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.

    The interested parties must be served in one of the following manners:

    1. By personal service at least 7 days prior to the date of the hearing
    2. By first class mail at least 14 days prior to the hearing
    3. By publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. When publishing for unknown whereabouts, you will also be required to file a Declaration of Intent to Give Notice (one per unknown individual).

    The parties interested in a Petition for Appointment of a Conservator or for a Protective Order are:

    1. The individual to be protected (if 14 years of age or order)
    2. Living parents
    3. If no parent is living, the presumptive heirs of the person
    4. An agent or attorney in fact having power of attorney (meeting the requirements of MCL 700.5405; MSA 27.15405) of the person to be protected
    5. The nominated conservator
    6. Person who files a request for notice pursuant to MCL 700.5104(1)
    7. Special parties (Veterans Administration and Attorney General), and Governmental agency paying benefits to the individual or before whom an application for benefits is pending

    If Veterans Administration (VA) benefits are payable to the minor, the VA is a party of interest.

    If there are no known presumptive heirs, the Attorney General (AG) is a party of interest.

    If the minor is receiving benefits from a governmental agency such as Social Security, or an application for benefits is pending, that governmental agency is a party of interest.

    When the VA, AG, or Social Security are parties of interest on your petition, they must be served; either personally or by mail at:

    Veterans Administration
    Patrick V. McNamara Bldg.
    477 Michigan Ave., Ste. 1460
    Detroit, MI 48226

    Social Security Administration
    611 E. Genesee
    Saginaw, MI 48601

    Attorney General
    Public Administration
    P.O. Box 30213
    Lansing, MI 48909
  6. Hearing

    Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.

  7. Copies

    It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.

  8. Forms needed when filing Minor Conservatorship/Protective Order
Tuscola County