How to Obtain Guardianship Over a Mentally Ill Parent in Michigan

Consult a lawyer if the court refuses to appoint you guardian.

A parent's mental illness may leave her unable to take care of herself, in which case she may require a guardian to make decisions for her. Whereas a conservator may be appointed to take care of an incapacitated adult's financial matters, a guardian has much more power over other aspects of the mentally ill parent's life. A guardian may decide where the parent lives and who she associates with, for example. The guardian need not be the mentally ill adult's child. Any interested, responsible adult may petition to be appointed guardian.

Things You'll Need

• Evidence of incapacitation (photos, written records, etc)
• Petition for Appointment of Guardianship of Incapacitated Individual
• Filing fee
• Letters of Guardianship

Instructions

1. Gather evidence that the parent is so incapacitated by mental illness (or some other reason) that she can't make or communicate informed decisions.

2. Go to the probate court in the Michigan county where the parent resides. Complete a Petition for Appointment of Guardian of Incapacitated Individual (Form PC 625) and any other paperwork the county's probate court requires. File the documents and pay the filing fee.

3. Retain a lawyer if you believe someone else will object to your petition or your recommendation of a guardian for your parent.

4. Wait to receive the Notice of Hearing, and for the court to appoint a guardian ad litem. Allow the guardian ad litem to talk to the incapacitated parent about the petition; she will explain the petition to the parent and ask which guardian the parent would prefer. Await the guardian ad litem's recommendation to the court as to whether a guardian should be appointed and who that should be.

5. Attend the probate court hearing on the date and time listed on the Notice of Hearing. Present the evidence of incapacitation and make your recommendation for the guardian.

6. File the form called "Letters of Guardianship" in order to accept the court's appointment of guardian.

References

• Mecosta County Probate Court; What You Need to Know Before Filing a Petition to Appoint a Guardian for an Incapacitated Adult; 2003

Resources

• Michigan Courts: Index of SCAO Approved Forms for Use in Probate Court