Scales of Justice This post explains what you must do as a guardian for an adult in Oakland County, Michigan. It is designed to help you stay organized, avoid problems with the Court, and make sure your loved one receives proper care. Please consult your attorney or the probate court if you have questions. 1. Keep the Court Updated   If the ward passes away, you must notify the Court and provide a copy of the death certificate or obituary. If your address or the ward’s addres

When someone is experiencing a mental health crisis, it can be hard to know what to do. Michigan law provides a process to help a person get evaluated when they may not be able to seek help on their own. One tool in that process is a mental health transport order. This guide explains what a transport order is, why it’s used, and what you can expect. What Is a Transport Order? A transport order is a court order that allows law enforcement or a trained transport officer to take

Understanding Oakland County Probate Court’s Weekly Motion Docket If you’ve ever attended a motion‑call day in the Oakland County Probate Court, you’ve probably experienced the same confusing combination of a long wait  followed by a very short hearing . Families often wonder: Why am I here for an hour (or more) when my case only took five minutes? The answer lies in how the court structures its weekly docket—and why that structure is intentional. What Motion‑Call Day Actuall

How Attorneys Resolve Issues Before Stepping Into Court Most people imagine courtrooms filled with arguments, objections, and dramatic speeches. In reality, some of the most important work in a probate case happens before anyone ever sits down in front of the judge—often in a quiet corner of the courthouse hallway. These brief, focused conversations between attorneys can transform a contentious hearing into a practical, efficient resolution. They save clients time, money, and

Lady Justice: Oakland County Court, Pontiac, Michigan   When a guardian is appointed in Michigan, the court entrusts that person with one of the highest duties recognized in law: protecting the personal and financial interests of a vulnerable individual. With that responsibility comes strict fiduciary obligations—chief among them, the requirement not to commingle the ward’s assets with the guardian’s own.   Commingling isn’t just sloppy bookkeeping. Under Michigan law, it is

Michigan law starts from a simple premise: family comes first  in adult guardianship. Under the Estates and Protected Individuals Code (EPIC), relatives have statutory priority, and courts are expected to honor that priority unless there is a legally supported reason not to. Because of that, a judge cannot appoint a professional guardian simply because it seems easier, faster, or more convenient. The court must make specific findings on the record  explaining why a profession

When someone files for a guardianship in Oakland County Probate Court—whether for an adult or a minor—one of the first steps the court takes is appointing a Guardian ad Litem , commonly called a GAL . For many families, this is the part of the process that feels the most unfamiliar. Understanding the GAL’s role can make the entire guardianship proceeding feel more transparent and less intimidating. What Does a Guardian ad Litem Do? A GAL is an attorney appointed by the probat

Acting as a Power of Attorney in Michigan: An Educational Guide Serving as someone’s power of attorney is an act of trust. When a person (the principal ) signs a power of attorney, they are handing you the legal authority to manage important parts of their life—often finances, property, or other personal affairs. Michigan’s updated Uniform Power of Attorney Act, effective July 1, 2024, strengthens protections for principals and clarifies exactly what is expected of agents. Th

Michigan Durable Powers of Attorney must include the required statutory language. When an Oakland County resident begins to struggle with decision‑making, families often find themselves navigating the Oakland County Probate Court system for the first time. Two tools come up repeatedly in these situations: durable powers of attorney and guardianship. Although both allow someone else to make decisions for an adult, they function very differently under Michigan law — and Oakland

Make sure you "serve" the documents by 1st-class mail to the estranged family member (ex. offspring, sibling, parent, and spouse) and e-file the "Proof of Service" with the court before the hearing. Probate practitioners, fiduciaries, and families all share the same frustration: you prepare for a hearing, clear your schedule, maybe even take time off work—only to learn the matter has been adjourned . It feels like lost momentum, wasted time, and unnecessary stress. But here’s

The Spirit of Detroit (photo) is a large, iconic bronze statue by sculptor Marshall Fredericks, located outside the Coleman A. Young Municipal Center in Detroit, Michigan. The statue symbolizes humanity, family, and divinity, and is a significant symbol of Detroit's hope, progress, and community. A grounded, compassionate guide for families navigating one of the most emotionally charged parts of probate Probate mediation isn’t just a legal process—it’s a deeply human one. Fam

When you’re navigating a probate, guardianship, or conservatorship case, the court system can feel like a maze of forms, deadlines, and procedures. One document that often surprises people—yet plays a critical role in every case—is the Proof of Service. If you’ve ever wondered what it is, why it matters, or how to complete one correctly, this guide breaks it down in plain English. What Exactly Is a Proof of Service? A proof of service is a document that tells the court that y

Walking into probate court isn’t just about paperwork and procedure—it’s about people, memories, and emotions. If you’re facing a hearing, chances are you’re already carrying the weight of loss, family responsibilities, and maybe even conflict. That’s why emotional preparation matters just as much as legal preparation.    Give Yourself Permission to Feel  Probate often comes at a tender time. You may be grieving, frustrated, or anxious about what lies ahead. Instead of pushin

E-FILING AND OAKLAND COUNTY PROBATE COURT E-filing has become the standard for handling court documents in the Oakland County Probate Court. Thanks to the MiFILE system, users can initiate and manage all types of probate cases online. If you’re new to MiFILE or looking for a refresher on best practices and procedural details, this guide is for you! Why MiFILE and Who Must Use It? Michigan Court Rule 1.109(G) mandates e-filing for all case types—both for opening new cases and

Julie McCowan's Family When circumstances prevent parents from caring for their children, a minor guardianship may be necessary. In Michigan, establishing guardianship ensures a responsible adult can make legal, medical, and educational decisions for the child. Whether you are a relative, family friend, or another concerned party, understanding the process of filing for minor guardianship can help protect the child’s well-being and provide peace of mind for everyone involved.

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