Guardianship – Legally Incapacitated Person

Filing Fee: $175

Any person interested in an alleged incapacitated person’s welfare, or the alleged incapacitated person themselves, may petition the court to determine incapacity and appoint a guardian. The petition must contain specific facts of the alleged incapacitated person’s conduct or condition that demonstrates a need for a guardian. The petitioner MUST nominate a proposed guardian in the petition. Court staff is prohibited from suggesting any proposed guardians, but may provide you with a list of professional guardians that service the Livingston County area, upon request.

Petition Instructions

1. Fill Out the Following Forms

• Petition for Appointment of Guardian of Legally Incapacitated Person (PC 625) and (MC 97)
• Acceptance of Appointment (PC 571), which must be signed by the proposed guardian and (MC 97a)
• Records Check Release Form, which must be signed by the proposed guardian

2. File Forms

• Return to Probate Court with the $175 Filing Fee with completed documents. The filing fee may be paid by cash, check, money order, or credit card. Cash payments must be exact change.
• Physician’s Certificate, if prepared and provided to you by a physician.
• Forms will be reviewed by staff, and a hearing will be scheduled.

3. If the Court Appoints a Guardian

• Please refer to MCL 700.5314 – Powers and Duties of Guardian
• If a change in the guardianship is requested, a petition to modify (PC 675) shall be filed with the court along with a $20 filing fee.