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Help With Appointment of Guardian of a Minor


A.  Petition

In the matter of - insert the name of the minor.

Complete each section, numbers 1 through 8 as they pertain to the minor.

Sign and date the petition.  Give a complete current address for the petitioner as well as a telephone number

If the minor is age 14 or older, the minor may sign #10.

If you are filing a petition for a limited guardian, the custodial parent(s) must be the petitioner(s).

 

B.  Limited Guardianship Placement Plan (Petition for Limited Guardian Only)

In the matter of - insert the name of the minor.

Complete numbers 1 through 5.

The custodial parent(s) must sign the petition.

The nominated guardian must sign the Agreement and Acceptance of Appointment by Limited Guardian at the bottom of page 2 of the form.

 

C.  Notice of Hearing

Your Petition will be set for hearing on a Thursday at 10 a.m.  Your Notice of Hearing form shows the date, time, place, and assigned Judge.  You, the Petitioner, must attend the hearing or your petition will be dismissed and you will have to begin the process again.

In the matter of--inser the name of the minor.

Take Notice:  A hearing will be held on (Court personnel will insert date and time of hearing and the Judge assigned to the case).

Insert the reason for the hearing:  To appoint a full guardian of a minor; or To appoint a limited guardian of a minor.

Insert the date and name, address, and telephone number of the petitioner.

 

D.  Proof of Service

It is your responsibility to "serve" the parties with a copy of the petition and notice of hearing.  If you do not complete service, your hearing will have to be adjourned.  The Proof of Service form must be completed and returned to the Court at least five (5) days prior to the day of the hearing.

The interested parties must be served in one of the following manners:
       1.  by personal service at least 7 days prior to the date of the hearing.
       2.  by first class mail at least 14 days prior to the hearing.
       3.  by publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown.  The legal newspaper fee in the amount of $71.30 is paid when the petition is filed.  Your money order is to be made payable to the Flint-Genesee County Legal News.

The parties interested in a Petition for Appointment of a Guardian of a minor are:
       1.  the minor if 14 years of age or older, by personal service

       2.  the minor's legal parents,

       3.  if no parent is living, the adult nearest of kin to the minor,

       4.  the person who has the care and custody of the minor,

       5.  the nominated guardian,

       6.  the current legal guardian, if one was already appointed,

       7.  the minor's current conservator, if one has already been appointed,

       8.  an attourney currently representing a party in the guardianship proceeding,

       9.  the appropriate tribal council or Secretary of the Interior if the minor is eligible for membership in an American Indian tribe or band.

In the matter of--insert the name of the minor and file number.
       1.  Insert the name(s) and address(es) of the person(s) to whom you mailed the copies of the Petition and Notice of Hearing, and the date of service.
       2.  Insert the name of the interested person and the place or address where this person was at the time you served him/her.  Insert the date and time you served him/her.
       3.  Insert the name(s) of person(s) whose whereabouts are unknown.

Date and sign the form.

 

E.  Authorization for Release of Information

An original Authorization to Release Information form must be completed by each adult in the proposed guardian's home.

 

F.  Minor Guardianship Social History

This form is confidential and will not be placed in the public court file.

 

G.  Acceptance of Appointment

In the matter of -- insert the name of the minor.

Complete #1 (limited guardian or full guardian).

Date and sign the form and print your name, address and telephone number.  You must include your date of birth.

 

H.  Supporting documentation

1.  Minor's birth certificate.

2.  Death certificate(s).

3.  Applicable court papers.

 

I.  Other forms that may be necessary

1.  Affidavit of Putative Father.

2.  Affidavit of Diligent Search (mother, father, guardian)

3.  Publication (mother, father, guardian)

4.  Motion for Telephonic Conference