In a minor guardianship, the petitioner would file in the county where the minor resides or is present at the time the proceeding is commenced.

In a guardianship for an incapacitated individual, the petitioner would file in the county where the incapacitated individual resides or is present. If the incapacitated individual is admitted to an institution by court order, the petitioner would file in the county in which that court is located.

To become a guardian, you must file a petition, pay the fee, serve interested persons, and appear at a hearing. Generally, anyone may petition to become guardian.

A full minor guardianship may be initiated by anyone, as long as certain criteria are met. A limited guardianship is a voluntary guardianship which may only be initiated by a parent who has physical custody of the child. Also, the guardian powers differ. In a full minor guardianship the guardian may consent to marriage or adoption; however in a limited minor guardianship, the guardian may not consent to either marriage or adoption.

In a full adult guardianship the guardian may attend to the ward's entire needs; however, in a limited adult guardianship the guardian may only act for the purposes stated in the Letters of Guardianship.

You, as fiduciary, are required by law to file an annual report every year. The court, by law, must also conduct an investigation called a review. The guardianship review is a personal consultation conducted by a court appointed person. The guardianship review is only conducted every three years for adults or once a year for minors until age 6.

The court recognizes a legal father as a man (1) who was married to the mother at the time of conception or birth; (2) who is listed on the child's birth certificate, (3) who has acknowledged paternity, or (4) who has been adjudicated as the father during a paternity hearing.

If a ward dies, the guardian must provide a death certificate to the court within 14 days so that the file may be closed and the guardian may be released.

An emergency guardianship hearing would be warranted when medical decisions are immediately necessary to save the ward from serious injury, illness, or death. If an emergency hearing is requested, Oakland County Probate Court requires a letter from the hospital or doctor indicating the medical emergency. Any hearing that is scheduled for a date and time other than the next regularly scheduled hearing date is considered an emergency hearing.

A guardian has responsibility over the ward's health care and well being, whereas, a conservator has responsibility over the wards finances and assets. Be aware that a guardian may handle regular income such as pension or social security without a conservatorship.

Generally GAL fees are paid from the ward's estate; however, if the ward's estate is insolvent, then the GAL will bill the county.

Verification on Deposit forms must be filed every year on minor conservatorships to ensure that the minor's funds are properly preserved.

If a protected individual dies, the conservator must file a final account with 56 days. After the account is allowed, the personal representative must file a receipt for any remaining funds so the order discharging the conservator can be entered and the conservatorship file closed.

You must get court approval before investing any of the minor's funds in stocks, mutual funds or annuities. You do not need permission to deposit the funds in an FDIC insured account at a bank for instance.

A conservator for a minor is required to file a Verification on Deposit with the court on a yearly basis.

A representative of the financial institution where the funds are held must fill out and sign the Verification on Deposit.

To become a conservator, you must file a petition, pay the fee, serve interested persons, and appear at a hearing. Generally anyone may petition to become conservator.

A conservator has responsibility over the ward's finances, whereas the guardian has responsibility over the ward's health care and well being.

Generally, GAL fees are paid from the ward's estate; however, if the ward's estate is insolvent or not liquid, then the GAL will bill the County.