Petition for Guardianship of Petition for Guardianship of Incapacitated IndividualIncapacitated Individual

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Genesee County Probate Court

900 S. Saginaw Street

Room 502

Flint, MI 48502

(810) 257-3528

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PUBLIC ACT 386 OF 1998, AS AMENDED BY PUBLIC ACT 52 OF

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PROVIDE LEGAL ADVICE OR LEGAL COUNSEL TO AFIDUCIARY OR AN INTERESTED PERSON AND SHALL NOT

1999, COURT PERSONNEL SHALL NOT PROVIDE OR OFFER TO

COMPLETE A FORM, PETITION OR DOCUMENT FOR AFIDUCIARY OR INTERESTED PERSON.

Court personnel cannot, by law, offer assistance while filing these forms.

These instructions are to offer clarity

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and should not, in any way, be used inreplacement of an attorney.

•All forms must be typed or legibly handwritten in black or blue ink. Do not use pencil.

•All forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.

•Each form is available, per request, for a small fee, at the Court House or online http://www.gc4me.com/departments/probate_court/guardian_of_an_incapacitated_individual.php

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•Present the forms which have been typed or printed legibly along with the filing fee and publication fee, if applicable, to the Probate Court, 900 South Saginaw Street, Room 502, Flint, MI 48502. We may be reached by phone at 810-257-3528.

•A hearing date will be set with the clerk at the time of filing. Hearings are usually held on Tuesdays at 10 a.m.

•A copy of the documents filed with the Court will be given to the petitioner. It is the responsibility of the petitioner to serve the interested person.

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Fees (The Court cannot accept personal checks)

•Petition to Appoint Guardian $150.00

•Certified Letter of Guardianship $11.00 each

•Uncertified Letter of Guardianship $1.00 per page

•Publication (when applicable) $80.25*

*subject to change

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Petition for Guardianship and Ad Litem

Notices and Serving

Additional Documentation

Category Form

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Petition for Appointment of Guardian of Guardian

Order Appointing Guardian Ad Litem

Notice of Hearing

Requirements for Notice

Notice to Alleged

Incapacitated Individual

Doctor’s StatementNominated Guardian

Agreement

Proof of Service

Petition for Appointment of Guardian of Incapacitated Individual (PC 625)

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Petition for Appointment of Guardian of Incapacitated Individual

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alleged incapacitated individual

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Petition for Appointment of Guardian of Incapacitated Individual (PC 625)

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Petition for Appointment of Guardian of Incapacitated Individual (PC 625)

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Petition for Appointment of Guardian of Incapacitated Individual

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Petition for Appointment of Guardian of Incapacitated Individual (PC 625)

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Petition for Appointment of Guardian of Incapacitated Individual

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Petition for Appointment of Guardian of Incapacitated Individual

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Date and sign the petition on the right hand side. Please print or type your name under signature, and insert your address and phone number.

Attorneys only need to fill in their information if they out the forms or will represent you in the court appearance.

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Petition for Appointment of Guardian of Incapacitated Individual

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This will outline the “Order Appointing Guardian Ad Litem / Attorney / Lawyer-Guardian Ad Litem”

The Guardian Ad Litem is a person, approved and appointed by the court, who will explain the hearing procedure and the individual’s rights, inform the individual of the names of anyone seeking appointment as guardian, and inform the court of his or her determinations about the individual’s wishes

Copies of this form are available athttp://courts.michigan.gov/scao/courtforms/guardian-conservator/pc642.pdf

Order Appointing Guardian Ad Litem (PC 642)

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“In the matter of___” insert name of the alleged incapacitated individual.

Court personnel will complete Part 1

Order Appointing Guardian Ad Litem

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This will outline the “Notice of Hearing”

Your petition will be set for hearing on a Tuesday at 10 a.m.* Your Notice of Hearing form shows the date, time, place, and assigned Judge. You must attend the hearing or your petition will be dismissed and you will have to begin the process again.

Copies of this form are available athttp://courts.michigan.gov/scao/courtforms/probate/pc562.pdf

*subject to change

Notice of Hearing (PC 562)

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“In the matter of___” insert name of the alleged incapacitated individual.

Date and sign the petition on the right hand side. Please print or type your name under signature, and insert your address and phone number.

Attorneys only need to fill in their information if they will be representing you in the court appearance.

Notice of Hearing

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Write the highlighted words in the blank space provided: “Petition to Appoint Guardian of an Incapacitated Individual”.

Notice of Hearing

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Petition to Appoint Guardian of an Incapacitated Individual.

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These instructions will help you to understand “Requirements for Notice”

This form displays all interested parties that, when available, must be served. Each party must receive the “Petition for Appointment of Guardian of Incapacitated Individual” and “Notice of Hearing”.

This form must be signed, dated, and turned in to the Court with the “Petition for Appointment of Guardian of Incapacitated Individual”

Copies of this form are available athttp://www.gc4me.com/departments/probate_court/docs/RequirementsNoticeGuardLegallyIncapacitatedIndividual.pdf

Requirements for Notice - Guardianship of Legally Incapacitated Individual

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Requirements for Notice – All individuals listed below must be notified1. Incapacitated individual - The law requires the subject of the Petition to be present

at the hearing, unless physically unable to do so. The doctor’s statement, which accompanies the Petition, must address the person’s ability to attend the hearing.

2. Incapacitated individual’s spouse

3. Incapacitated individual’s children and the individual’s parents

4. If no spouse, child, or parent is living, the next closest family member of the person

5. Person who has the care and custody of the incapacitated individual

6. If there are no known family members, the Attorney General

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7. Nominated Guardian

8. If known, a person named as attorney in fact under a durable power of attorney

9. Veteran’s Administration if the individual to be protected is entitled to receive Veterans Administration benefits.

10. Person who files a Demand for Notice under MCL 700.5104(1); MSA 27.15104(1)

11. Publication - if there are no known heirs

Requirements for Notice

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This will outline the “Notice to Alleged Incapacitated Individual”

This form must be personally served on the alleged incapacitated individual by the petitioner at least seven (7) days prior to the hearing and Proof of Service filed with the Court. This form is used only when requesting the appointment of a guardian.

Notice to Alleged Incapacitated Individual on Petition (PC 626)

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“In the matter of___” insert name of the alleged incapacitated individual.

Notice to Alleged Incapacitated Individual

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Proof of Service (PC 564)

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It is your responsibility to “serve” the parties with a copy of the petition and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least five (5) days prior to the day of the hearing. The alleged incapacitated individual and/or alleged protected person must be served personally at least seven (7) days prior to the regular hearing for a guardian.

The other interested parties must be served in one of the following manners:

1. by personal service at least 7 days prior to the date of the hearing

2. by first class mail at least 14 days prior to the hearing

3. by publication at least 14 days prior to the date of the hearing if the address or whereabouts of interested persons are unknown. The legal newspaper fee in the amount of $80.25 is paid when the petition is filed. Your money order is to be made payable to the Flint-Genesee County Legal News.

Proof of Service

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The parties interested in a Petition for Appointment of a Guardian of an Incapacitated Individual are:

1. the incapacitated individual,2. if known, a person named as attorney in fact under a durable power

of attorney,3. the incapacitated individual’s spouse,4. the incapacitated individual’s children and the individual’s parents5. if no spouse, child, or parent is living, the next living relativeof the

person,6. the person who has the care and custody of the incapacitated

individual,7. the nominated guardian,8. person who files a request for notice pursuant to MCL 700.5104(1)9. Special parties (Veterans Administration and Attorney General

Proof of Service

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If the Veterans Administration (VA) benefits are payable to the alleged incapacitated individual, the VA is a party of interest.

If there are no known presumptive heirs, the Attorney General (AG) is a part of interest.

When the VA or AG are parties of interest on your petition, they must be served, either personally or by mail at:

Veterans AdministrationPatrick V. McNamara Bldg.477 Michigan Avenue, Ste 1460Detroit, MI 48226

Attorney General, Public AdministrationPO Box 30736Lansing, MI 48909

Proof of Service

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“In the matter of___” insert name of the alleged incapacitated individual1. Insert titles as seen above.

Petition for Appointment of Guardian of an Incapacitated

Proof of Service

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Individual, Notice of Hearing and Notice to Alleged Incapacitated Individual

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2. Insert the name(s) and address(es) of the person(s) to whom you mailed the copies of the petition(s) and Notice of Hearing, and date of service. Check the method used to mail documents.

Proof of Service

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3. Insert the name of the alleged incapacitated individual and the place or address where the person was at the time you served him/her. Insert the date and time you served him/her.

Proof of Service

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Date, sign and print your name on the form. If someone other than you, served the interested person(s), that person needs to date, sign and print their name on the form.

Proof of Service

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It is recommended that a statement by the treating physician should accompany the petition to appoint guardian. (The petition may be filed without a Doctor’s Statement.)

A Doctor’s Statement must be present at the time of the hearing on the mental or physical health of the alleged incapacitated individual. Should the individual request a private statement, the physician may appear in the court appearance.

The statement must:1.Be on doctor’s letterhead, typed, dated, and signed by the doctor.2.Describe the alleged incapacitated individual’s condition or ailment and state the prognosis.3.Indicate whether or not the person is able to attend a court hearing.

Doctor’s Statement

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Nominated Guardian Agreement

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“In the matter of___” insert name of the alleged incapacitated individual and file number.

Nominated Guardian Agreement

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Nominated Guardian Agreement

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The Proposed Guardian must read, date, and sign the agreement.

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