Probate & Family Court

The Bay County Family Court processes adoption petitions for direct placement, agency, adult, stepparent, and relative adoptions. The Family Court also accepts petitions regarding post-adoption matters, including confidential intermediary services.a

There are several different kinds of adoptions; slightly different procedures apply to each. The information on this page is meant to assist with frequently asked questions because Court staff cannot give legal advice. Please consult an attorney for more detailed information and answers or go to Michigan Legal Help for free online information.

Contact the probate court for any questions regarding foreign-born adoption.

Helpful Information

• Jurisdiction: Petitioner(s) and/or adoptee must be a resident of Bay County or the termination of parental rights occurred or are pending termination in Bay County.
• Family Court Staff cannot give legal advice.
• Forms are available through the Michigan Courts Website: courts.michigan.gov.
• Filing fees and investigation fees are due at the time the petition is submitted for filing.
• Adoptees must provide written consent if they are 14 years old or older.
• Petitioners are responsible for serving papers and paying for the cost of service or publication.
• Vital Records Form Adoption Report

Order of Adoption

An order of adoption gives all parental responsibility of the adopted child to the approved adopters. This order severs all legal ties between the child and birth parents, giving adoptive parents full legal custody of the child.

Use the checklists below to assist you in understanding the process:

• Adult Adoption Checklist
• Direct Placement/Agency Adoption Checklist
• Relative Adoption Checklist 
• Step-Parent Adoption Checklist

If you are seeking a certified copy of the Order of Adoption, please file the notarized Petition for Adoption Information and Order - PCA 327 and the $11 filing fee made payable to Bay County Juvenile Court.

Post-Adoption Services

Seeking Non-Identifying and/or Identifying Information

Probate Courts maintain and may release certain information from adoption records only to adult adoptees, biological parents, adult biological siblings, or adoptive parents. The type of information that can be released to the above-mentioned individuals varies.

The law divides the information that may be released in adoption records into two categories:

Non-identifying Information: This includes given first name, the hospital you were born in, any medical information, description of what the birth parents looked like at the time, education, siblings, and if the termination was voluntary or a court decision. Former parents, siblings, grandparents and adoptive parents may receive non-identifying information upon request.

Identifying information: This includes the release of the birth parent’s information at the time of termination.

Read the DHHS Pamphlet - Release of Information From Michigan's Adoption Records for more information.

Closed Adoption File

Non-Identifying Information

If you are seeking only non-identifying information from a closed adoption file, perform the following procedure:

1. File the Request for Non-Identifying Information (court document PDF) with the Juvenile Court.
2. Submit a copy of your photo identification.
3. Pay the $25 filing fee made payable to Bay County Juvenile Court.

Identifying Information and/or Non-Identifying Information

If you are seeking only identifying or both identifying and non-identifying information from a closed adoption file perform the following procedure:

1. File a notarized Petition for Adoption Information and Order - PCA 327.
2. Submit a copy of your photo identification.
3. Submit a Release of Information Authorization Adult Adoptee - DHS-1920 with the Juvenile Court.
4. Pay the $25 filing fee, per request, made payable to Bay County Juvenile Court.

Safe Delivery

Safe Delivery allows parents to safely surrender their newborn child no more than 72 hours old to an employee who is inside and on duty at any hospital, fire department, police station, or by calling 911. This program is a safe, legal and anonymous alternative to abandonment or infanticide and releases the newborn for placement with an adoptive family.

For more information, visit: MDHHS - Safe Delivery

Safe Delivery Hotline: 866-733-7733

Fees

*If the adoptee was born in the State of Michigan the Vital Record Fee must be made payable to the State of Michigan.

*If the adoptee was born out of state, fees vary according to state.

The Bay County Probate Judge presides as the Family Court - Juvenile Division judge for these matters. The Family Court - Juvenile Division only becomes involved following an investigation and subsequent conclusion of abuse or neglect and removal of the child by CPS.

To report abuse and neglect contact the Michigan Department of Health and Human Services (MDHHS).

MDHHS Phone Number: 855-444-3911

Children's Protective Services (CPS), a subsidiary of MDHHS, is responsible for investigating allegations of child abuse and neglect. The Michigan Child Protection Law provides the framework for what CPS must do.

Child Abuse: Child abuse is defined as harm or threatened harm to a child's health or welfare that occurs through non-accidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, or any other person responsible for the child's health or welfare or by a teacher, a teacher's aide, or a member of the clergy.

Child Neglect: Child neglect is defined as harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following:

• Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
• Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal guardian, or other person responsible for the child's health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.

Mandated Reporters: Mandated Reporters are those persons who are required to report cases of suspected child abuse to the Michigan Department of Health and Human Services (MDHHS). These are people who have regular contact with the child through work or a regularly scheduled activity, or are otherwise directly responsible for the child. For more information on Mandated Reporters in Michigan, visit the MDHHS Mandated Reporters website.

Types of Cases Heard by the Family Court - Juvenile Division

Intervention by the juvenile court occurs within three different types of circumstances:

• Dependent children are those who have been abused, neglected or abandoned. The juvenile court must decide who will be responsible for the care of these children.
• Juvenile delinquents are persons under 18 years of age who have committed an illegal act which, if committed by an adult, would be considered a criminal offense, such as a felony or misdemeanor. See “Juvenile Division” for more information.
• Status offenders are minors who have committed offenses which are only illegal due to their age and would not be considered illegal if committed by adults. Examples include truancy, running away from home, and so on. See “Juvenile Division” for more information.

The Family Court Juvenile Division gets involved in the lives of children when:

• There are concerns that a parent is not able to keep his or her child safe from abuse or neglect, in which the court will start a juvenile dependency case.
• Minors are accused of breaking the law. Click “Juvenile Division” to find out more about juvenile delinquency cases.

The “Juvenile Division” page contains information on dependency cases that may be useful for grandparents, parents, children, or other relatives.

Important: Juvenile dependency cases are very serious. They can change the life of you and your child. Talk to a lawyer for more help understanding your rights and the court process.

Guide for Parents

For Parents whose child was removed from the home because of abuse or neglect; or a father of the child, a non-biological parent, a partner of the child’s biological parent, or a person who otherwise has or believes they should have parental rights for the child, keep in mind that juvenile dependency cases are very serious. Talk to a lawyer for more help understanding your rights and the courts. You may qualify for a court appointed attorney.

For more information, read the Child Protection Handbook. This guide explains the dependency court process in Michigan. Also see the Child Protection Pamphlet for Parents of Children in the Child Protection System.

Guide for Children

If you have been removed from your home or if you are still living at home but there is a social worker involved in your life, you probably have a case that involves the family court. The following information is for kids to learn about what it means to have a case in family court.

What does juvenile "dependency" mean?

When children come to court because a parent has hurt them or not taken care of them, this is a juvenile dependency case. Until a child grows up, they are dependent on adults and need their protection. If your parents can't or won’t take care of you properly, the court may step in and you may become “dependent” on the court for safeguarding. When this happens, you may have to live with relatives or another family for a while.

Who is who in a juvenile dependency case?

Having a juvenile dependency case means that different people will be checking on how you are doing. During your dependency case you will meet your lawyer and your social worker. You might also meet the judge, if you decide to go to court. The judge might give permission for you to meet with a Court Appointed Special Advocate.

So, who are all these people and what do they have to do with you?

Your lawyer: This person is your advocate – they will speak and fight for you in court. Your conversations with your lawyer are confidential. That means that your lawyer cannot tell anyone else what you have told them unless you say it is okay. In Michigan, your lawyer must tell the judge what is in your best interests and they must tell the judge what you want. Sometimes those can be two different things. Talk to your lawyer if you have questions about why they think a certain outcome is in your best interests and you don’t agree.

The social worker: They are responsible for helping foster youth in every way. Social workers find the foster home, make sure you have everything you need, and that you are happy. They also have to visit you every month to make sure everything is going well.

The Judge: They try to make sure all your needs are being met. They are also the person who makes the big decisions in your case, like whether or not you will go home and what your visitation with your parents will be like. The judge makes these decisions based on what is in your best interests.

CASA: Court appointed special advocates (CASA) are people who volunteer to work with kids who have dependency cases. CASAs are supposed to look out for your best interests and give the court their opinion on how things are going for you.

You have rights!

It may not feel like it sometimes, but you have certain rights in a dependency case. You have the right to:

Have a support person present when a social worker interviews you at school.

Go to court; If you are 10 years old or older, the social worker or your lawyer must tell you the court date and ask if you want to attend.

Be involved in coming up with your case plan; If you are 12 years old or older and placed in a foster home, group home, or with relatives, you have the right to go over your case plan, sign it, and have a copy of it. You also have the right to be told about any changes that are going to be made to your case plan.

Stay at your school; If you have been removed from your parents you have the right to stay at your school

Visit with your siblings; If you have been removed from your parents you have the right to ask the judge to allow you to visit with your siblings.

Click here to see a full list of foster kids’ rights.

Guide for Caregivers

If a child you are related to or for whom you provide care gets involved in a dependency case, you may have rights. Generally, grandparents, extended family members, and close family friends have one very important right – they get preference when the social worker decides where the child should live, as long as they are willing to care for the child and the social worker and the court finds they are an appropriate placement.

Relatives may also have the right to get official notice of some court hearings from the court and social worker. If you are a close relative or friend of the family, however, you are likely to find out about the dependency case before the social worker has a chance to contact you.

Important: When you hear that your relative is involved in a dependency case, you should contact the social services department in your county right away. Click to contact your county’s social services department.

Guardianships and conservatorships may be initiated for either adults or minors in the Probate Court. Links are located below for more information about guardianships and conservatorships. Court staff are prohibited by law from giving legal advice. Review the information below or the Frequently Asked Questions for assistance.

NOTE: The Court is prohibited by law from providing legal advice and completing forms (Sec. 1211 of the Estates and Protected Individuals Code [EPIC]). This page provides general information concerning the opening of a decedent’s estate and may be useful as a guide. If you have any questions, consider contacting an attorney for assistance.

Contact the Department of Health and Human Services (DHHS) at 1-855-444-3911 if you are concerned about the welfare of an individual.

Guardianships

A guardian is a person who is given authority by the Probate Court to be responsible for the personal and physical well-being of a minor or adult (called a ward). The guardian has the same powers and duties over the ward as parents have over their children except that the guardian is not obligated to support the ward from his/her own funds. A prospective guardian may be nominated by petition or may be named in a will. Click "Guardianships" above for more detailed information.

Conservatorships

A Conservator is a person who is given authority by the Probate Court to be responsible for the assets (called an estate) of a Protected Person (PI). A Conservator may be nominated by using a petition filed with the Probate Court or by a deceased parent’s will. Click "Conservatorships" above for more detailed information.

The Court may appoint a conservator, which would give the conservator authority and responsibility for the assets and property of another individual.

The Juvenile Division of the Bay County Circuit Court has exclusive jurisdiction in cases involving youths under the age of 17 years old. It offers a number of programs for youth who are at risk due to abuse, neglect, or delinquency.

In Michigan there is a separate court system for persons under the age of 17, who are known as minors or juveniles. The juvenile court system was established with the belief that children could be successfully rehabilitated through intensive counseling, education and guidance, rather than punishing them in the adult criminal justice system.

The Bay County Juvenile Courts Mission is to enhance public safety, ensure youth are held appropriately accountable to both crime victims and communities, and empower youth to live productive, law-abiding lives.

Jurisdiction

The Court hears cases in which juveniles are accused of acts that would be crimes if adults committed them. The current maximum age of juvenile court jurisdiction is age 17. These cases may include, but are not limited to:

• Felonies, e.g. arson, robbery, aggravated assault, Criminal Sexual Conduct (CSC), unlawfully driving away an automobile, drug charges, resist and obstruct police, assault with a dangerous weapon, breaking and entering
• Misdemeanors, e.g. vandalism, petty theft, trespassing, domestic violence, assault and battery, malicious destruction, retail fraud, use of electronic device to commit a crime
• Civil Infractions, e.g. careless driving, disobeying a traffic control device
• Status Offenses, e.g. School Truancy, curfew violations, underage alcohol offenses

Petitions

The Bay County Prosecutor’s office reviews police reports to decide whether a petition (i.e. criminal charge) is warranted against the juvenile for the incident in question. Once a petition (i.e. charge) is filed, formal or informal Court proceedings will take place.

Informal vs Formal Proceedings

After a petition is filed, the court determines how the case is processed. The Court may proceed either informally (via Consent or Diversion) or formally (via formal court docket).

Informal Proceedings

Informal Proceedings (Consent Calendar / Diversion Cases): A case may be handled informally as either Consent Calendar or Diversion if the Court decides that protective and supportive action will best serve the juvenile and the public. In either case, a plan may be adopted that can include court costs, counseling, community service, and restitution to the victim. Not all cases are eligible for an informal proceeding. These files are confidential from the public.

Consent Calendar: A Consent Calendar is typically utilized for first-time offenders and less serious crimes. Juveniles are ordered to participate in a correction plan or consent agreement. This agreement will involve complying with specific terms over a set period of time and being monitored and supervised by the court during this period. A consent agreement can include conditions such as community service, counseling, and costs to be paid over the course of 30-90 days. Upon successful completion of the agreement, the juvenile will be discharged from the court with no public record of the offense. If conditions are not completed, the case can be escalated to a formal proceeding as indicated below (see Formal Proceedings Section).

Diversion: The use of Diversion prevents the creation or accumulation of charges to a criminal history for a juvenile. It also provides an opportunity for the Court to observe the juvenile's behavior over a period of time in such a way as to determine that the conditions and actions that led to the juvenile's petition are unlikely to be repeated.

A juvenile must pay a Diversion Assessment fee of $100.00 and may be ordered to complete an educational program, attend counseling, and pay restitution and/or additional court costs. Upon successful completion of the agreement, the juvenile will be discharged as to this petition. If the juvenile does not complete the conditions, the case can be escalated to a formal proceeding as indicated below (see Formal Proceedings Section).

Formal Proceedings

The following are general steps in the formal proceeding process.

Preliminary Hearing: A formal preliminary hearing is where the juvenile is advised of the charges against them, their rights, including but not limited to their right to an attorney.

Pretrial Conference: A pretrial conference happens before going to trial. The prosecutor and defense attorney meet to decide if the case should go to trial or be resolved through a plea bargain. It is scheduled by the court if the petition is authorized and no plea was entered at the preliminary hearing.

Adjudication (Finding of Responsibility): Adjudication is a formal decision by the court and it occurs when the juvenile is found guilty either through a plea given at the advice of their appointed counsel or at a trial.

Disposition (Sentencing): A Court Officer, either an Intensive Probation Officer or Tracking Officer, will investigate the juvenile and the case and submit to the court a report with recommendations on the appropriate oversight and programming needed for the youth. At the disposition hearing, the Judge or Referee may order probation, services or programming that aligns appropriately with the offenses of the youth.

Probation: The purpose of juvenile probation is to protect the community and assist juveniles to grow into socially responsible adults. Youth on probation are supervised by a Probation Officer in the community, in the schools, and in their homes.

Juvenile Probation Officers are required to:

1. Supervise youth for 3-12 months
2. Weekly face-to-face contact
3. Provide appropriate incentives and consequences
4. Random Drug Testing (when court-ordered)
5. Recommend program placement:
   • Day Treatment
   • GREAT Program
   • Youth and Family Therapy
   • Juvenile Treatment
6. Monitor school attendance and curfew
7. Assist in setting up individual and family counseling sessions

Parent/Legal Guardian(s) are required to:

1. Know your child's whereabouts and associations
2. Enforce rules of probation
3. Notify probation officer of any police contact
4. Notify probation of expulsion from school
5. Notify probation of any law violations or rules of probation
6. Provide transportation to all court-ordered hearings/programs
7. Attend and participate in parenting classes associated with your child's court order

Prior to discharge from Probation, all fines and costs must be paid in full.

Set-Aside a Juvenile Criminal Record

The "Set-Aside A Juvenile Criminal Record" is the process of expunging a juvenile record. This must be filed by someone of 18 years or older.

To qualify, the person filing the petition:

• Clean Slate Legislation

• Must not have any adult felony convictions.
• Must be 18 years of age or older.
• Must have no pending criminal charges at the time of Petition.
• Cannot possess a record that contains more than three juvenile adjudications, with not more than one of those being a felony. For example,

• • One felony
  • One felony and two misdemeanors
  • Up to three misdemeanors

For more information on setting aside your juvenile criminal record, please follow the links below or contact the Juvenile Court at (989) 895-4206, Option #4.

• Application to Set Aside Adjudication(s) - JC66
• Order on Application to Set Aside Adjudication(s) - JC105

(insert MCL 712A.18e)

Personal Protection Orders (PPO) for Minors

Personal protection orders (PPOs) may be used to stop abuse, violence, and stalking by anyone 10 years of age or older.

The Family Division of the 18th Circuit Court has the jurisdiction to conduct minor PPO proceedings involving people 10 years of age to the age of 18. A PPO may not be issued if the person filing the PPO and the person they are filing it against have a parent-child relationship and the child is an unemancipated minor. In such cases, a delinquency or child protective proceeding may be instituted.

Violations of PPOs result in contempt proceedings. If a person that had a PPO filed against them is under 17 years old at the time of the violation of a PPO, the court may impose a juvenile disposition for the violation. If a person that had a PPO filed against them is 17 years old or older, the court must impose criminal sanctions for criminal contempt violations of a PPO or civil contempt sanctions for civil contempt violations of a PPO.

Contact the Bay County 18th Judicial Circuit Court – Family/Juvenile Division for PPO forms.

Juvenile Home

The Bay County Juvenile Home (BCJH) is operated under the Office of the Bay County Executive. The facility is licensed by the State of Michigan as a Child Caring Institution. It is located at 520 W Hampton Rd. in Essexville, MI. The BCJH is a 29 bed co-ed, secure facility for youth between the ages of 10-17. The function of juvenile detention is to provide temporary care for youth requiring secure custody pending court and disposition or pending transfer to another jurisdiction or agency. Youth are admitted only by court order; voluntary placements cannot be accepted.

Community Resources

Understanding how your child is impacted by their time in the Juvenile Court System can be overwhelming and stressful. Below are community resources to help you get started.

• RYSE - Runaway Youth Support and Engagement
• Bay County Prosecutor’s Office - Victims Rights
• Bay Arenac Behavioral Health
• Good Samaritan Rescue Mission -- Youth Services
• Mid Michigan Community Action

The court is prohibited by law from offering legal advice or completing forms. It is strongly advised to consult an attorney with any questions.

This section provides a basic guide to opening a decedent’s estate in addition to information specific to small estates.

Read your forms carefully as they may give you guidance on how to proceed. We recommend consulting an attorney for assistance with completing filing these forms with Probate Court.

Fees (Formal or Informal Estate Proceedings)

A filing fee of $175.00 is required to commence an estate proceeding.

Effective Immediately - parties who fail to submit the inventory for calculation or fail to pay the inventory fee after submission for calculation will result in an estate being administratively closed. Re-opening an administratively closed estate will be require payment of the Filing Fee of $175.00, submission of any missing inventory and payment of the calculated inventory fee. 

Formal Estate Proceedings

A formal petition may request supervised administration or unsupervised administration.

Supervised administration requires the Probate Court to review and approve the activities of the estate.

Unsupervised administration does not require the Probate Court's review or approval. There are limited filing requirements. An interested person or the personal representative may request supervision at any point on a particular issue, or for the duration of the administration.

Complete the forms below and submit them to Bay County Probate Court to formally begin an estate proceeding.

Required Forms

Note: MCR 5.302 requires that a redacted copy of the Death Certificate, along with an unredacted copy of the Death Certificate must be filed with the initial pleadings (a certified copy is not required). MC97 and MC97a are also required for filing

• Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) - PC559
• Testimony To Identify Heirs - PC565
• Supplemental Testimony To Identify Non Heir Devisees, Testate Estate - PC566
• Acceptance of Appointment - PC571
• Order of Formal Proceedings - PC569
• Letters of Authority - PC572
• Proof of Service - PC564

Informal Estate Proceedings

Applications for Informal proceedings results in unsupervised administration.

Informal proceedings are directed to the probate registrar. These proceedings are initiated by filling an application for informal probate and/or appointment of a personal representative.

Complete the forms below to start an estate proceeding informally in Bay County Probate Court. Submit the completed forms to Bay County Probate Court.

Required Forms

Note: MCR 5.302 requires that a redacted copy of the Death Certificate, along with an unredacted copy of the Death Certificate must be filed with the initial pleadings (a certified copy is not required). MC97 and MC97a are also required for filing

• Application for Informal Probate and/or Appointment of a Personal Representative - PC558
• Testimony, To Identify Heirs - PC565
• Supplemental Testimony To Identify NonHeir Devisees - PC566
• Acceptance of Appointment - PC571
• Renunciation of Right to Appointment, Nomination of Personal Representative and Waiver of Notice - PC567
• Registers Statement - PC568
• Letter of Authority for Personal Representative - PC572
• Proof of Service - PC564

Fees

A filing fee of $175.00 is required.

Small Estates

An estate is designated as small when the value of its property is less than the specified threshold, which is $50,000.00 as of 2024.

Section 700.3982 of Michigan Compiled Law states, in part:

Section 3982:

“Upon a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial and if the balance of a decedent's gross estate consists of property of the value of $15,000 or less, the court may order that the property be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.”

Alternatively, if any expenses are left unpaid by relatives of the decedent, the law states the following:

“Upon a showing of evidence, satisfactory to the court, that the decedent's funeral or burial expenses are unpaid or were paid by a person other than the estate, and if the balance of the gross estate after payment of the expenses would consist of property of the value of $15,000 or less, the court shall order that the property be first used to pay the unpaid funeral and burial expenses, or to reimburse the person that paid those expenses, and may order that the balance be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.”

Required Forms

Petition and Order for Assignment - PC 556

Fees

$25.00 Filing Fee

$13.00 Certified Copy Fee

*Inventory fee varies depending on the value of the assets.

Required Items

• A completed petition (front and back) typed or printed legibly in ink (PC 556). Only an heir or an individual who paid for the funeral bill may file this petition.
• An itemized funeral bill marked “Paid in Full” which shows the amount paid and who paid it. If the funeral bill is not paid, you must have a copy of the bill showing the amount due.
• A copy of the decedent’s death certificate.
• The completed petition must show the value of all assets as of the date of death.
• Verification of the value of the asset(s).

Examples of sources for information include newspaper clippings showing stock values; quotes from an auto dealer or printout from an online value determination website showing the value of the auto, truck, etc. If there is real estate under the decedent’s name, a tax statement or some other document showing the state equalized value for the year of death is required. (The state equalized value is doubled for purposes of listing the real estate value on the petition). Additionally, bank statements may be used to verify the balance in the decedent’s account, i.e. checking, savings, investments, etc.

Adoption records are sealed from the public after they have been filed. Check with the adoption agency associated with your adoption first. You must be at least 18 years old to request any information or to pursue a filing.

Adult adoptees, former parents, adult siblings of an adoptee related through birth or adoption by at least one common parent, grandparents, adult children of a deceased adoptee, adoptive parents of a minor, or the adopted person may request information from a closed adoption record. The relationship to the adoptee, the date when the biological parent’s parental rights were relinquished or terminated, and/or if there are statements of consent or denial in the Registry, will determine whether the requestor can receive identifying information.

If the adult adoptee does not know where their adoption was finalized, they can contact the Department of Community Health (DCH), Vital Records by written request and obtain the court information along with a copy of the amended birth certificate. DCH will only release the court information to the adult adoptee.

If you have concerns about a case of possible child abuse, contact the Michigan Department of Health and Human Services at (855)-444-3911

Mandated reporters are people who have regular contact with the child through work or a regularly scheduled activity, or are otherwise directly responsible for the child

Aside from the child and their caregiver; The Judge who presides over the case, the lawyer who works with the child to ensure their interests are reflected in the court, the social worker who helps with the fostering process and sees to the child's well-being, and sometimes volunteers!

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.

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 a 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 the guardian , 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.

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, Bay 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 ward's finances and assets. Be aware that a guardian may handle regular income such as pension or social security without a conservatorship.

If a protected individual dies, the conservator must file a final account within 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.

Probation is to protect the community and assist juveniles to grow into socially responsible adults.

You must serve notice by publication indicating whereabouts unknown. You will need to complete form Declaration of Intent to Give Notice by Publication - PC 617. Additionally, You will need to file a Publication of Notice of Hearing - PC 564 form and submit a copy to the Valley Farmer, Pinconning Journal or The Bay City Times, and file an Affidavit of Publication with the court.