What to Expect at a Guardianship Hearing in Michigan

Before the Hearing

The probate court dockets the case and schedules a hearing after fees are handled. The court may order background checks or a home assessment, and required notice must be served before the hearing. Timing varies by county and case.

You'll receive a notice with the hearing date, time, and courtroom. Some counties hold guardianship hearings before a probate judge; others use a probate referee (who makes a recommendation to the judge). Either way, the process is the same.

What to Bring

Arrive with:

• Photo ID for yourself
• Your copies of all filed documents — the petition (PC 651 or PC 650), Acceptance of Appointment (PC 571), Social History (PC 670), and Proof of Service (PC 564)
• Background check receipts or confirmation that DHS-1929 and criminal history results are on file
• Any supporting documentation — school enrollment records, medical records showing the child's care needs, police reports, letters from teachers or counselors, or communications from the parents
• Letters of Guardianship request — some counties ask you to bring a blank PC 570 to the hearing so the court can issue certified copies immediately after the order

Don't bring binders full of every piece of paper you own. Organize the documents the court needs and have supporting evidence available if the judge asks for it.

The Hearing Itself

Uncontested guardianship hearings may be brief. Contested cases can take longer, especially if the court needs testimony. The judge or referee will:

1. Verify your identity and confirm you are the petitioner named in PC 651 or PC 650
2. Confirm proper notice — ask whether all interested parties were served and review the Proof of Service
3. Ask about the child's situation — where the child is currently living, why guardianship is needed, and which statutory ground under MCL 700.5204(2) applies
4. Review background checks — confirm that the central registry clearance and criminal history check are clear
5. Hear from interested parties — if parents, other relatives, or a guardian ad litem are present, they'll have the opportunity to speak
6. Make a determination — the judge decides whether the statutory grounds are met and whether appointment serves the child's best interests

Speak clearly, answer the judge's questions directly, and stick to facts. This isn't a trial — in an uncontested case, the judge is primarily verifying that the legal requirements are satisfied and the arrangement is in the child's interest.

When a Parent Objects

A contested hearing is different. If a parent shows up and opposes the guardianship, the court must balance the parental presumption (the constitutional right of fit parents to direct their child's care, reinforced by Troxel v. Granville and In re Guardianship of Versalle) against the statutory grounds you've established.

The judge may hear testimony from both sides, review exhibits, and consider the guardian ad litem's report if one was appointed. A contested hearing may take longer or be continued to another date if the court needs more information.

In this situation, having an attorney is much more valuable than in an uncontested case. If you can't afford one, contact Michigan Legal Aid or your local legal aid clinic before the hearing date.

If a Parent Is Incarcerated

Under MCR 2.004, an incarcerated parent has the right to participate in the guardianship hearing. The court and the petitioner must arrange for the parent's attendance by phone or video conference. Failure to properly notify and include an incarcerated parent can result in the order being vacated later.

If you served notice on the correctional facility and the parent has not responded or waived their right to participate, document this in your Proof of Service and let the court know at the hearing.

After the Order Is Granted

If the court grants your petition, two things happen:

The Order (PC 653) — The judge signs the Order Regarding Appointment of Guardian/Limited Guardian of Minor, making the guardianship official.

Letters of Guardianship (PC 570) — The court clerk issues certified Letters of Guardianship. This is the document you'll carry to every school, doctor's office, insurance company, and government agency that needs proof of your authority. Order multiple certified copies — each costs $12.

From the date of appointment, you're responsible for the child's care, education, and medical decisions. Your first annual report (PC 654) is due within 28 days after the first anniversary of the appointment.

The Michigan Guardianship and Custody Court Process Guide includes a hearing preparation checklist and a post-order compliance calendar, so you know exactly what to bring to court and what's required of you after the order is signed.

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