A petition has been filed for the appointment of a Guardian ad Litem. After the hearing, the probate court will return with an order. This is known as the Order Appointing Guardian ad Litem.

The Order Appointing Guardian ad Litem is a State Court Administrative Office form. This form can be found by clicking here. If you need other probate court forms, such as the petition for appointing a physician or mental health professional, give us a call. We will gladly help you get the forms you need.

Like many of the forms we cover, the Order Appointing Guardian ad Litem is pursuant to various court rules and statutes. The Order Appointing Guardian ad Litem is pursuant to MCL 700.1403(d), which states:

  (d) At any point in a proceeding, the court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated individual, an unborn or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out the reasons for appointing a guardian ad litem as a part of the record of the proceeding. If he or she accepts the appointment, the guardian ad litem shall report of his or her investigation and recommendation concerning the matters for which he or she is appointed in writing or recorded testimony. In making recommendations, a guardian ad litem may consider the general benefit accruing to living members of the individual’s family. After the attorney general files an appearance as required by law in an estate proceeding on behalf of an unknown or unascertained heir at law, the attorney general represents the interest of the heir at law, and the court shall not appoint a guardian ad litem. If a guardian ad litem was previously appointed for the interest, the appointment of the guardian ad litem terminates.

In addition to this statute, the Order Appointing Guardian ad Litem is pursuant to MCL 700.5213(4), MCL 700.5219(4), MCL 700.5303(2), MCL 700.5306a(2), MCL 700.5406(1),(2), MCR 5.121 and MCR 5.404(B)(2). To learn more about this form, Darren Findling of The Probate Pro has created a video covering the statutes, court rules and how the form is filled out.

 

If you need any further assistance in probate, give us a call at (833) PROBATE or visit us at www.theprobatepro.com.