The Petition for Appointment of a Guardian ad Litem is a probate court form. This form is used to request that the court appoints a Guardian ad Litem to an individual’s specific case. Sometimes, it can be triggered by the probate court with no request made.
The Petition for Appointment of Guardian ad Litem is a state court administrative office form. You may find and print off the form by following this link. If you have any additional form requests, please let us know and we will provide them for you.
The Petition for Appointment of Guardian ad Litem, like many of our forms, is pursuant to statutes and court rules. The Petition for Appointment of Guardian ad Litem is related 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.
The Petition for Appointment of Guardian ad Litem is also pursuant to MCL 700.5108, MCL 700.5208(2)(c), MCL 700.5213(4), MCL 700.5219(4), MCL 700.5406 and MCR 5.121. To learn more about this form, Darren Findling of The Probate Pro has put together a video going over the form and how to fill it out.
If you need to speak with someone in greater detail about this form, or other probate court forms, don’t hesitate to call us. The Probate Pro has 24/7 support and we are ready to help you. Call us at (833) PROBATE or visit us at theprobatepro.com.