In a guardianship or conservatorship proceeding, you have an obligation during these petitions, accounts or filings to give service to a minor involved in the estate. If the minor is over the age of 14, you would need to serve them directly. However, if the minor is under 14 years of age, then there’s a variety of ways in which the minor could be served. One of them, would be through the Appearance of Parent of Minor form, which as one would expect, is designed for the parent of the minor.
The Appearance of Parent of Minor form is a State Court Administrative Office form. If you need this form or any other probate court forms, please reach out to us. We will be happy to provide you with this document and any other necessary probate court documents.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Appearance of Parent of Minor is associated with MCR 5.105(D)(4), which states:
(D) Service on Persons Under Legal Disability or Otherwise Legally Represented. In a guardianship or conservatorship proceeding, a petition or notice of hearing asking for an order that affects the ward or protected individual must be served on that ward or protected individual if he or she is 14 years of age or older. In all other circumstances, service on an interested person under legal disability or otherwise legally represented must be made on the following:
(1) The guardian of an adult, conservator, or guardian ad litem of a minor or other legally incapacitated individual, except with respect to:
(a) a petition for commitment or
(b) a petition, account, inventory, or report made as the guardian, conservator, or guardian ad litem.
(2) The trustee of a trust with respect to a beneficiary of the trust, except that the trustee may not be served on behalf of the beneficiary on petitions, accounts, or reports made by the trustee as trustee or as personal representative of the settlor’s estate.
(3) The guardian ad litem of any person, including an unascertained or unborn person, except as otherwise provided in subrule (D)(1).
(4) A parent of a minor with whom the minor resides, provided the interest of the parent in the outcome of the hearing is not in conflict with the interest of the minor and provided the parent has filed an appearance on behalf of the minor.
To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know about the Appearance of Parent of Minor in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.