Minor

Minor guardianships are used to provide legal authority for adults other than the parents of a minor to take care of them.

Filing

The proper venue (place) to file a minor guardianship case is where the minor resides or is found, or in the case of an appointment by will, where the will is probated. (“Juvenile” guardianships are governed by different rules and are supervised by the Family Division of the Circuit Court.)

Requests for emergency hearing must be submitted in writing along with any other necessary filings. A checklist of forms for petitioning for guardianship of a minor and fee information is listed below.

Types of Guardianships

Minor guardianships are full or limited. Full guardians have most of the same authority and responsibilities for their ward as the custodial parent would.

A limited guardianship may be created only upon petition by a custodial parent(s). A limited guardianship is put in place to allow a parent to address barriers that prevent the child from living with him or her. A Limited Guardianship Placement Plan (PC 652) (PDF) must be completed and submitted to the Court for approval.

If guardianship is granted, the guardian(s) will be scheduled to guardianship training at the courthouse. View our Guardianship Training Powerpoint (PDF). While letters of guardianship have expiration dates, if needed extended letters will be issued upon request of the guardian and payment of $12. Expiration alone of the letters of guardianship does not end the guardianship.

Updating Reports

Every year that the guardianship continues, the guardian must file with the Probate Court the Annual Report on Condition of Minor (PC 654) (PDF) which updates the Probate Court on the condition of the minor. This form must be filed each year on the anniversary date of the issuance of the Letters of Guardianship.

Returning Minors to Parents

A minor may not be returned to his or her parent without prior court approval. Guardianship continues until the Court terminates the guardianship by court order or until the minor turns 18, at which time it terminates automatically. A checklist of forms for requesting modification or termination of minor guardianship is set forth below.

Checklists for Full Guardianship of Minors

To petition for full guardianship of a minor the following must be filed. An index of all approved probate court forms is located at online.

  • $175 filing fee unless a fee waiver is granted. Certified letters of guardianship cost an additional $12 per set.
  • Copy of Driver’s License or State Identification
  • MC 286 - Order to Allow Prisoner to Participate in Court Proceedings (PDF), if applicable
  • MC 20 - Waiver / Suspension of Fees and Costs (Affidavit and Order) (PDF), if applicable
  • PC 562 - Notice of Hearing
  • PC 564 - Proof of Service (this may be submitted up to the date of the hearing)
  • PC 571 - Acceptance of Appointment (signed)
  • PC 651 - Petition for Appointment of Guardian of a Minor
  • PC 617 - Declaration of Intent to Give Notice by Publication, if applicable
  • PC 633 - Letters of Guardianship
  • PC 653 - Order Regarding Appointment of Guardian/ Limited Guardian of a Minor
  • PC 670 - Social History for Minor Guardianships

Petition for Modification

To petition for modification or termination of a full minor guardianship, the following must be filed. An index of all approved probate court forms is located at online.

  • $20 filing fee unless a fee waiver is granted
  • Copy of Driver’s License or State Identification (if proposing a new guardian)
  • MC 20 - Waiver / Suspension of Fees and Costs (Affidavit and Order) (PDF), if applicable
  • MC 286 - Order to Allow Prisoner to Participate in Court Proceedings (PDF), if applicable
  • PC 562 - Notice of Hearing
  • PC 564 - Proof of Service (this may be submitted up to the date of the hearing)
  • PC 571 - Acceptance of Appointment (signed) (if proposing a new guardian)
  • PC 617 - Declaration of Intent to Give Notice by Publication, if applicable
  • PC 633 - Letters of Guardianship (if proposing a new guardian)
  • PC 638a - Order regarding Termination / Modification Guardian of Minor or LII / Conservator
  • PC 675 - Petition to Terminate / Modify Guardianship

Actions Related to Limited Guardianship of Minors

To petition for limited guardianship of a minor, the following must be filed. An index of all approved probate court forms is located online.

  • $175 filing fee unless a fee waiver is granted. Certified letters of guardianship cost an additional $12 per set.
  • MC 286 - Order to Allow Prisoner to Participate in Court Proceedings (PDF), if applicable
  • MC 20 - Waiver / Suspension of Fees and Costs (Affidavit and Order) (PDF), if applicable
  • Copy of Driver’s License or State Identification
  • PC 562 - Notice of Hearing
  • PC 564 - Proof of Service (this may be submitted up to the date of the hearing)
  • PC 571 - Acceptance of Appointment (signed)
  • PC 617 - Declaration of Intent to Give Notice by Publication, if applicable
  • PC 651 - Petition for Appointment of Guardian of a Minor
  • PC 652 - Limited Guardianship Placement Plan
  • PC 670 - Social History for Minor Guardianships
  • PC 633 - Letters of Guardianship
  • PC 653 - Order Regarding Appointment of Guardian / Limited Guardian of a Minor

Petition for Modification

To petition for modification or termination of a limited guardianship of a minor, the following must be filed. An index of all approved probate court forms is located at online.

  • $20 filing fee unless a fee waiver is granted
  • Copy of Driver’s License or State Identification (if proposing a new guardian)
  • MC 20 - Waiver / Suspension of Fees and Costs (Affidavit and Order) (PDF), if applicable
  • MC 286 - Order to Allow Prisoner to Participate in Court Proceedings (PDF), if applicable
  • PC 562 - Notice of Hearing
  • PC 564 - Proof of Service (this may be submitted up to the date of the hearing)
  • PC 571 - Acceptance of Appointment (signed) (if proposing a new guardian)
  • PC 617 - Declaration of Intent to Give Notice by Publication, if applicable
  • PC 633 - Letters of Guardianship (if proposing a new guardian)
  • PC 638a - Order regarding Termination/ Modification Guardian of Minor or LII / Conservator
  • PC 675 - Petition to Terminate or Modify Guardianship