Petition for Appointment of Guardian of Minor

Darren Findling of The Probate Pro discusses the process of obtaining guardianship of a minor with the use of a Petition for Appointment of Guardian of Minor.

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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.

The Petition for Appointment of Guardian for a Minor. Hi I’m Darren Findling of The Probate Pro and we're going to examine SCAO form pc651 SCAO stands for state court administrative office pc probate court form 651 this form is readily obtainable and you're welcome to call my office we'd be happy to give it to you free of charge this form is created by various statutes and court roles if you look at the bottom right corner with the floating yellow arrow you'll see the relevant statutes and court roles we strongly urge you to work with a skilled competent probate lawyer who knows how to navigate through the petition process we also understand that sometimes it's difficult to seek the advice of an attorney and expensive to do so we hope that this particular video will give you some basic understanding of the process how to fill out the form how to at least get started but again we urge you to work with a skilled competent probate lawyer now again this particular form is used in a narrow context it relates only to minors and there is a separate process that's used for an adult that is in need of a guardianship and there's actually separate statutes that relate to the appointment of a person for an adult this is for a minor and a petition for appointment of guardian is different than custody so if you think about custody within uh two parents who are sharing a child those two parents will address the issue of custody guardianship in general terms relates to a third party so maybe a grandparent a neighbor a friend and so on so a parent is a natural guardian they're the parent so we're not talking about getting guardianship when a father or mother are seeking it but we're talking about generally a third party it's important to understand that because there's a lot of confusion around when to seek an appointment of a guardian let's work our way through it after you've identified the county and the file number you're going to file in the county in which the miner is a resident to establish jurisdiction in the matter of is the name of the minor the individual the last four digits of the social security number would be provided there and you can see in very small print it says if a parent is incarcerated and under the jurisdiction of the Michigan department of corrections the petitioner must comply with that particular court rule MCR 2.004 b we're not going to cover that here but there's some noticing requirements that relate to a parent that is incarcerated the next section is the name of when it says I and there's a name that's the person that is doing the petition petitioning now it may be a person it could be an entity or an agency but the petitioner itself is going to be reflected there and then you're standing as petitioner are you the grandparent the aunt the uncle limited guardian conservator whatever it may be you identify your relationship by blood or your relationship to the minor whether you're a limited guardian or some other role you're the petitioner you're advancing the petition forward so remember with petitions you file a petition it's scheduled for hearing there is notice that goes out to the interested parties there's a court hearing the judge makes a ruling an adjudication and then an order gets entered that's the general framework for how petitions move through the court system number two identifies the date of birth female male and again a description that they're unmarried because when you're married there are different rules even if you're a minor and you're married there are some different rules here relating to guardianship you identify the address and then the present locations this is really to establish the jurisdiction and the venue to be assured