At Senior Care Network, as a well-known senior care navigator, we understand how crucial it is for seniors in their later years to access the proper healthcare and support. While the family typically arranges a professional caring setting for their aging loved one, in certain situations, filing a guardianship petition may be necessary. Usually, it occurs when a senior lacks the mental capacity to make decisions, has not assigned a Power of Attorney or health care proxy, or when a senior’s safety, health, or finances are at risk. In circumstances like these, a senior care navigator like us at Senior Care Network serves a purpose. Here’s a complete guide to filing a petition for guardianship in Michigan, whether by a close family member, a healthcare provider, or an adult protective services agency.

Step 1: Filing The Petition

The process of filing a guardianship petition begins when the petitioner, who may be a family member, friend, or agency, files a petition for the appointment of a guardian for an incapacitated individual with the probate court in the county where the senior resides or is present. If the individual you’re seeking guardianship over resides in a different county, you must file the petition in that county. Think of it as formally requesting the court to appoint someone as the legal guardian of the proposed ward. The petition will explain why guardianship is needed and what kind of authority the proposed guardian should have.

Step 2: Provide Supporting Documents

Just as with any other legal process, filing a petition for guardianship also requires the submission of certain key documents. Submitting these documents to the probate court helps the court verify the senior’s condition, the petitioner’s relationship to the senior, and the need for guardianship. Here are the documents that the petitioner needs to submit.

Petition for Appointment of Guardian of an Incapacitated Individual (PC625)
Report of Physician or Psychologist (PC630)
Medical or care records supporting incapacity
Proof of Service and Notice of Hearing to interested persons
Acceptance of Appointment by Proposed Guardian (PC571)
Background check consent or other county-specific forms (if required)
Existing Power of Attorney/Advance Directive, if any

The petitioner will be required to pay a filing fee to the probate court, approximately $175–$200 total.

Step 3: Court Investigation

Guardianship for a senior is considered the last resort. It’s only pursued when the court finds it necessary to appoint a guardian for the senior, meaning when less restrictive options wouldn’t work. To evaluate the situation and understand the facts, the court may appoint a guardian ad litem (GAL)—an independent investigator or attorney who meets with the senior, speaks with the family member, and reviews the prevailing circumstances. Based on their evaluation, the guardian ad litem submits a written report to the judge, recommending whether guardianship is necessary or whether less restrictive options could be pursued.

Step 4: Notify Interested Parties

In specific scenarios, the concerned seniors may be receiving at-home care from an adult child or sibling, and the petitioner who has filed for guardianship may be someone other than the home care provider. To ensure transparency throughout the process, the probate court requires the petitioner to notify all “interested persons,” including close relatives, adult children, and anyone currently involved in the senior’s care. The petitioner must personally serve the senior with notice of the petition and the hearing. This allows the interested parties to attend the scheduled hearings or object if they disagree with the guardianship request or the proposed guardian.

Step 5: Attend The Hearing

Now comes the most crucial part of the process—the court hearing. It is when the court decides to review all the evidence, listen to what all the involved parties have to say, and also consider everyone’s needs. The judge comprehends the petitioner’s requests and understands seniors’ needs as well. If possible, the senior may also appear before the court and share their views. Based on everyone’s statements and their own judgment, the judge issues an order on whether guardianship is truly required and, if so, determines whether it will be full or limited and who will serve as guardian.

Step 6: Appointment And Issuance Of Letters

After deciding that guardianship is necessary, the court issues an order naming the appointed person as the guardian for the proposed ward. The individual is then assigned a Letters of Guardianship, granting them the legal authority for personal and medical decision-making within the scope of the order.

Step 7: Ongoing Reporting

After being appointed as the ward’s guardian, the individual must file annual reports with the probate court detailing all they have done in their responsibilities towards the ward. These reports also mention the seniors’ current living conditions, health status, and a summary of their overall well-being. Based on the filed report, the court decides what action to take in case something appears to be wrong.

Senior Care Network—The Senior Care Advisor You Can

At Senior Care Network, we recognize that filing a petition for senior guardianship in Michigan is a significant step towards ensuring their well-being. However, the journey to appointing a legal guardian for an older adult can be lengthy and, as a result, feel overwhelming for you as a petitioner. Because it’s a complex legal process, you need the assistance of a professional who understands the details and procedures involved. Having an experienced advisor by your side gives you confidence every step of the way. For that, you can choose us at Senior Care Network.

With more than 20 years of experience, we at Senior Care Network are helping seniors and their families in Michigan take the right steps towards their loved one’s secure future. Based on our thorough understanding of family dynamics and local courts, we can help you with document management, court representation, and ongoing support throughout the guardianship journey. Contact us today and take the first step towards your senior’s bright future.