Frequently Asked Questions: Guardianships & Conservatorships

Generally, your accounting period is noted on the back of your Letters of Authority. The day you are qualified determines the accounting period.

As of June 12, 2025, all filers submitting documents with the probate court will be required to e-file pursuant to Michigan Court Rule 1.109(G)(3)(f). With few exceptions, the probate court will no longer be accepting documents for filings in person, via fax, or by mail.  

To get started, visit the MiFILE website and click "Sign Up" in the upper right corner. Creating an account is free.

No, since the court went to efiling, all accounts must be efiled.  Please see “How do I get me account filed” above.

In a minor guardianship, the petitioner would file in the county where the minor resides or is present at the time the proceeding is commenced.

In a guardianship for an incapacitated individual, the petitioner would file in the county where the incapacitated individual resides or is present. If the incapacitated individual is admitted to an institution by court order, the petitioner would file in the county in which that court is located.

To become a guardian, you must efile a petition, pay the fee, serve interested parties, and appear at a hearing.  Generally, anyone may file a petition to become a guardian.

A full minor guardianship may be initiated by anyone, as long as certain criteria are met. A limited guardianship is a voluntary guardianship which may only be initiated by a parent who has physical custody of the child. Also, the guardian powers differ. In a full minor guardianship the guardian may consent to adoption; however in a limited minor guardianship, the guardian may not consent to adoption.

In a full adult guardianship the guardian may attend to the ward's entire needs; however, in a limited adult guardianship the guardian may only act for the purposes stated in the Letters of Guardianship.

You, as fiduciary, are required by law to file an annual report every year. The court, by law, must also conduct an investigation called a review. The guardianship review is a personal consultation conducted by a court appointed person. The guardianship review is only conducted every three years for adults or once a year for minors until age 6.

The court recognizes a legal father as a man (1) who was married to the mother at the time of conception or birth; (2) who is listed on the child's birth certificate, (3) who has acknowledged paternity, or (4) who has been adjudicated as the father during a paternity hearing.

If a ward dies, the guardian must provide a death certificate to the court within 14 days so that the file may be closed and the guardian may be released.

An emergency guardianship hearing would be warranted when medical decisions are immediately necessary to save the ward from serious injury, illness, or death. When efiling an emergency petition, the petitioner should check the emergency box on the Tru-File page. The Emergency Petition Supplemental Form (PEMH 1137) is required, which must be filed separately and captioned as Miscellaneous document.  The word emergency must be typed onto the comment line.  Once the filing is reviewed by the assigned judge, the petitioner will be contacted by the judge’s chambers who will instruct the filer if/ when the emergency hearing will be held.

A guardian has responsibility over the ward's health care and well being, whereas, a conservator has responsibility over the wards finances and assets. Be aware that a guardian may handle regular income such as pension or social security without a conservatorship.

If you are unable to obtain the address for any interested parties listed on a case, you will have to publish their whereabouts as unknown in a legal newspaper at least 14 days prior to the scheduled hearing date. You’ll need to list their address as ‘unknown’ on your documents and submit a Declaration of Intent to Give Declaration of Intent to Give Notice by Publication (PC 617) with your filing. 

Once you receive a hearing notice via email, you can reach out to any legal newspaper in the State of Michigan to let them know that you have an upcoming hearing and need to publish for an interested party. They will inform you of the cost and the process for publication.

After the publication has been done, you will submit the ‘Affidavit of Publication’ that you receive from the legal news to the court through MiFile. You will separately submit a complete Proof of Service (PC 564), with question #4 answered and the Declaration of Intent to Give Declaration of Intent to Give Notice by Publication (PC 617) attached to the proof of service form. 

When publication was handled by the probate office, we used Oakland County Legal News - https://www.legalnews.com/County/ContactUs?location=oakland, but you are free to use any legal newspaper in the State of Michigan.

If you are unable to obtain the address for any interested parties listed on a case, you will have to publish their whereabouts as unknown in a legal newspaper at least 14 days prior to the scheduled hearing date. You’ll need to list their address as ‘unknown’ on your documents and submit a Declaration of Intent to Give Declaration of Intent to Give Notice by Publication (PC 617) with your filing. 

Once you receive a hearing notice via email, you can reach out to any legal newspaper in the State of Michigan to let them know that you have an upcoming hearing and need to publish for an interested party. They will inform you of the cost and the process for publication.

After the publication has been done, you will submit the ‘Affidavit of Publication’ that you receive from the legal news to the court through MiFile. You will separately submit a complete Proof of Service (PC 564), with question #4 answered and the Declaration of Intent to Give Declaration of Intent to Give Notice by Publication (PC 617) attached to the proof of service form. 

When publication was handled by the probate office, we used Oakland County Legal News - https://www.legalnews.com/County/ContactUs?location=oakland, but you are free to use any legal newspaper in the State of Michigan.

A Power of Attorney is a written and notarized document giving an individual the legal power to act on behalf of another according to the terms of the document. There is no court involvement.

The primary difference between a Power of Attorney and a guardianship or conservatorship is court involvement. Guardianships and conservatorships are fiduciary relationships created by the court. The court authorizes an individual to act as guardian or conservator of another according to the terms of the court order.

It depends upon the authority granted by the Power of Attorney. A Power of Attorney may grant the fiduciary broad powers over the person and his/her estate, or limited powers to act only in certain circumstances. If the Power of Attorney grants only limited powers, a guardian or conservator may be necessary. It is best to consult an attorney on issues regarding Powers of Attorney.