Serving a Minor or a Person With a Guardian in Michigan: MCR 2.105(B)

Who takes the papers when the defendant is under 18, has a guardian or conservator, or lives in another state, and what the proof shows

In a Michigan civil case, papers for a minor can be handed to the adult who has care and control of the child and lives with the child. Papers for a defendant who has an acting guardian or conservator can be handed to that guardian or conservator. Both options come from MCR 2.105(B). The same subrule also covers a person from another state who has an agent or employee in Michigan.

This page describes what those rules ask of the person serving the papers. The attorney or the party who asked for the summons decides which method fits the case, and the court decides whether service was done right.

The rule in one place

The usual case comes first. Under MCR 2.105(A), process may be served on "a resident or nonresident individual" by "delivering a summons and a copy of the complaint to the defendant personally." The same subrule also allows restricted mail, which the party arranges.

The next subrule is titled "Individuals; Substituted Service." It opens with "Service of process may be made" and then lists four kinds of defendants:

  • MCR 2.105(B)(1): "on a nonresident individual, by" handing the papers to an agent or employee in Michigan and mailing a copy.
  • MCR 2.105(B)(2): "on a minor, by serving a summons and a copy of the complaint on a person having care and control of the minor and with whom he or she resides."
  • MCR 2.105(B)(3): "on a defendant for whom a guardian or conservator has been appointed and is acting, by serving a summons and a copy of the complaint on the guardian or conservator."
  • MCR 2.105(B)(4): "on an individual doing business under an assumed name." That one is covered in Serving a Michigan Partnership or DBA.

The heading says "Substituted Service," but these methods are not the court-ordered kind. Each one is written into the rule itself. A court order for some other method is a separate step, now in MCR 2.105(J), and is covered in Substituted Service Under MCR 2.105.

Who counts as a minor in Michigan

Michigan sets adulthood at 18. Under MCL 722.52(1), part of the Age of Majority Act of 1971, a person who is at least 18 "is an adult of legal age for all purposes whatsoever." A defendant under 18 is a minor.

If the defendant turns 18 close to the day you need the papers served, say so in the request. The attorney can then choose the method with the date in mind.

Serving papers for a minor

Under MCR 2.105(B)(2), the papers go to an adult, not to the child. The rule names "a person having care and control of the minor and with whom he or she resides." That is two facts about one adult. The adult has care and control of the child, and the child lives with that adult.

The rule does not use the word "parent." It describes the adult by those two facts, and the attorney decides who fits them in a given case. If the child splits time between two homes, tell us, and let the attorney name the adult to be served.

For the serve itself, we need the child's full name, the adult's full name, the adult's role, and the home address. If the family has moved, our servers work to find the current address before the first attempt.

Serving papers for a person with a guardian or conservator

Some defendants have a guardian or conservator appointed by a court. Under MCR 2.105(B)(3), service on that defendant can be made "by serving a summons and a copy of the complaint on the guardian or conservator."

The rule has a condition. It applies to a defendant "for whom a guardian or conservator has been appointed and is acting." An appointment can change over time, so the attorney may want to confirm with the probate court that it is current before the request.

Send us the guardian's or conservator's name and address as they appear in the court's papers. If the defendant is a minor who also has a guardian or conservator, tell us both facts, and let the attorney choose the subrule.

Hospitals, homes and other institutions

One kind of address has its own rule. Under MCR 2.103(C), "If personal service of process is to be made on a person in a governmental institution, hospital, or home, service must be made by the person in charge of the institution or by someone designated by that person."

That can come up when the person to be served lives in a care setting. If anyone on your request lives in a hospital or another institution, tell us before the first attempt. The probate rule for the same kind of address is covered in Serving Probate Court Papers in Michigan.

A defendant from another state

People who live in another state still spend time in Michigan. Because MCR 2.105(A) applies to "a resident or nonresident individual," the usual hand delivery is listed for them too. Our servers work within Michigan.

MCR 2.105(B)(1) adds a second route for a nonresident, with two steps:

  • "serving a summons and a copy of the complaint in Michigan on an agent, employee, representative, sales representative, or servant of the defendant, and"
  • "sending a summons and a copy of the complaint by registered mail addressed to the defendant at his or her last known address."

Our servers handle the first step, the hand delivery in Michigan. The second step is mail, and the rules give it to the party. Under MCR 2.104(C), "If the manner of service used requires sending a copy of the summons and complaint by mail, the party requesting issuance of the summons is responsible for arranging the mailing and filing proof of service."

A separate subrule covers a formal agent. MCR 2.105(I)(1) allows service on "an agent authorized by written appointment or by law to receive service of process." Whether a given person in Michigan fits either rule is a question for the attorney. Send us that person's name, role and work address.

Who may hand over the papers

The usual civil rule applies to all of these serves. MCR 2.103(A) reads: "Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party." So no one named as a party in the case may make the delivery. More on this is in Who Can Legally Serve Court Papers in Michigan.

What the court handles after service

Service is one step. Who speaks for a minor or a protected adult in the lawsuit is a separate question, and the court handles it under MCR 2.201(E).

Under MCR 2.201(E)(1)(a), "If a minor or incompetent person has a conservator, actions may be brought and must be defended by the conservator on behalf of the minor or incompetent person." Under MCR 2.201(E)(1)(c), "If the minor or incompetent person does not have a conservator to represent the person as defendant, the action may not proceed until the court appoints a guardian ad litem." Those steps belong to the attorneys and the judge, and we take no part in them.

The proof goes back to the court

The server's record is a signed statement. Under MCR 2.104(A)(3), proof of service may be "a written statement of the facts of service, verified under MCR 1.109(D)(3)." The rule goes on: "The statement shall include the manner, time, date, and place of service, and indicate the process server's official capacity, if any."

The address matters as well. MCR 2.104(A) adds: "The place of service must be described by giving the address where the service was made or, if the service was not made at a particular address, by another description of the location."

The state's summons, Form MC 01, has a Certificate of Service with lines for the "Name," the "Date and time of service," and the "Place or address of service." A server who is not a court officer marks the line that reads: "I am a legally competent adult who is not a party or an officer of a corporate party."

On these serves, the adult who takes the papers is not the defendant. We return a signed proof that records the papers, the person who received them, the place, and the date and time of each completed serve. More on proofs is in Proof of Service in Michigan: What MCR 2.104 Requires.

All of this has to happen before the summons expires. That deadline is covered in The 91-Day Summons Window in Michigan.

What to send with the request

Most delays on these serves come from a missing detail. Sending the following with the request removes most of them.

  • The papers: the summons and a copy of the complaint, plus any other document the attorney wants served with them.
  • The defendant: full name, and age if the defendant is under 18.
  • The adult who will receive the papers: full name, role, and address. The role might be the adult with care and control of a minor, a guardian or conservator, or an agent or employee in Michigan.
  • Anything that changes the method: a person who lives in a hospital or another institution, a child who splits time between two homes, or a defendant from another state.
  • The summons expiration date, so attempts can be planned well ahead of it.
  • How to reach you, by phone or email, in case a detail changes.

More on this is in What Your Process Server Needs Before the First Attempt.

What a process server does not do

Our part in these cases is narrow on purpose. We take papers that are ready, deliver them in a manner the rules allow, document every attempt, and return a signed proof of what happened.

We do not choose which subrule fits or decide who has care and control of a child. We do not confirm a guardianship, prepare the summons or complaint, or ask the court for a guardian ad litem. We do not give legal advice. We are not a law firm and we are not the court, and we cannot look up a case, a hearing date or a judge.

If your papers are ready to serve, request a process server or call (248) 268-0097.

Sources

This article describes what the Michigan Court Rules, the Age of Majority Act and the state's summons form say about serving papers for a minor, a defendant with a guardian or conservator, and a nonresident with an agent in Michigan. It quotes the rule language as published in the Michigan Court Rules updated September 2, 2026, the statute language as published by the Michigan Legislature on October 25, 2026, and SCAO Form MC 01. It is general information about process serving, not legal advice. Service requirements differ between states and can differ by venue, so confirm the requirements for your matter with the court handling it or with your attorney.