Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in Michigan for guidance on your specific situation.
Detailed Answer
Under Michigan law, service of process on minors and individuals under guardianship follows special procedures to protect those with limited legal capacity. The goal is to ensure they receive fair notice of legal actions and have an advocate present when their rights are at stake.
1. Minors (Under 18 Years Old)
- Michigan Court Rules treat minors as parties under a legal disability. You cannot rely on standard adult service alone.
- You must serve the minor’s parent, guardian, or custodian. If no parent or guardian is known, the court may appoint a next friend or guardian ad litem to accept service.
Reference: Michigan Court Rules, Chapter 2 – Service of Process (MCR 2.105). - Whenever possible, personal service on the parent or guardian is required. If personal service cannot be made after diligent effort, you may ask the court to allow substituted service (for example, by mail or publication).
2. Individuals Under Guardianship
- Once a guardian has been appointed by a Michigan probate court, the guardian assumes the role of representative for the ward (the person under guardianship).
- Service must be made on the appointed guardian—not on the ward directly. This ensures the guardian can protect the ward’s interests.
Statute: MCL 700.5305 (Duties of guardian) (Michigan Compiled Laws). - If the guardian resides outside Michigan, you may serve under the long-arm provisions of MCL 600.1903, which allow service by registered mail or other court-approved methods for out-of-state defendants.
3. Court Approval and Additional Safeguards
- If you cannot locate a guardian or next friend after reasonable effort, petition the probate court for an order appointing a guardian ad litem to receive service on behalf of the minor or alleged incapacitated person.
- The court may require notice to interested persons, such as other family members, before approving substituted service or appointing a guardian ad litem. See MCL 700.5423 (Notice to interested persons).
- Always file proof of service with the court, listing the name and capacity of the person served, the date, time, and manner of service, and attach any relevant receipts or affidavits.
Helpful Hints
- Before attempting service, check probate court records to confirm if a guardian has been appointed.
- Gather full contact information for any parent, guardian, or custodian to avoid delays from failed attempts.
- Document all service attempts meticulously—courts look for proof of due diligence.
- If you’re unsure whether substituted service is appropriate, file a motion with the court outlining your efforts and requesting permission.
- Consider hiring a professional process server familiar with Michigan’s rules for serving minors and wards.