Starting an Adult Guardianship Case

Filing Fee

$175 (Non-refundable filing fee)
$20 additional fee if requesting temporary guardianship

Forms Required

Petition for Appointment of Guardian (PDF) (PC625)
Protected Personal Identifying Information (PDF) (MC97)
Records Check Release (PDF) (Montcalm Form)
Notice to Alleged Legally Incapacitated Individual (PDF) (PC626)
Notice of Hearing (PDF) (PC562)
Proof of Service (PDF) (PC564) - file at least 1 week prior to the hearing.
Copy of Petitioner's Driver's License or State Identification

Hearing Date

Upon the filing of the petition, you may obtain a hearing date from the Court. Typically a hearing date is set at least 2 to 3 weeks after the date of filing.

Service

It is the petitioner's responsibility to ensure that proper and timely service is made on all interested parties. If proper and timely service is not made on all interested persons, your hearing may be adjourned and/or your petition dismissed.

Service for hearings must be completed at least 14 days prior to the hearing date if by mail and at least 7 days prior to the hearing date if served personally.

Filing

It is recommended that the documents be brought to the Probate Court office by the petitioner for filing. Filings may be completed by mail, however, there may be a delay in obtaining a hearing date if your documents are not complete or correct.

Guardian Ad Litem

A guardian ad litem will be appointed to represent the alleged incapacitated individual. The fee for the guardian ad litem are payable by the individual or his/her family.

Keep copies of all documents filed with the Court for your records and to provide to the interested persons. Copies obtained from the Court are $1 per page.