Petition for Guardianship of Incapacitated Individual

Petition for Guardianship of Incapacitated Individual

Click to BeginGenesee County Probate Court900 S. Saginaw StreetRoom 502Flint, MI 48502(810) 257-3528InstructionsNextBackMain MenuOnce youve selected the form you wish to follow, please use the next button to proceed through the slides. If at any time you wish to go back to a slide, use the back button. At the end of every form, a main menu button will appear, choose this to return to the main menu.

PUBLIC ACT 386 OF 1998, AS AMENDED BY PUBLIC ACT 52 OFLegal NoticeNextBackPROVIDE LEGAL ADVICE OR LEGAL COUNSEL TO AFIDUCIARY OR AN INTERESTED PERSON AND SHALL NOT1999, COURT PERSONNEL SHALL NOT PROVIDE OR OFFER TOCOMPLETE 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 clarityLegal NoticeNextBackand 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.phpProcedureNextBack

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.ProcedureNextBack

Fees (The Court cannot accept personal checks)Petition to Appoint Guardian$150.00Certified Letter of Guardianship$11.00 eachUncertified Letter of Guardianship$1.00 per page

Publication (when applicable) $80.25* *subject to change ProcedureNextBack

Instructions for Completing: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)NextBack

Main MenuThis will outline the Nominated Guardian Agreement

The nominated guardian must read and sign the Nominated Guardian Agreement. The form must be filed with the court. Your hearing will not proceed without this form in the file.

Copies of this form are available athttp://www.gc4me.com/departments/probate_court/docs/FORMS/NomGuardAgreement.pdfInstructions for Completing:Nominated Guardian AgreementNextBack

Main MenuInstructions for Completing:This will outline the Proof of Service

All parties shall receive Petition for Appointment of Guardian of an Incapacitated Individual and Notice of Hearing

For a list of parties, refer to the previous Requirements for Notice

All names of interested parties must be recorded as being notified.

Copies of this form are available athttp://courts.michigan.gov/scao/courtforms/probate/pc564.pdf

Proof of Service (PC 564)

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Main MenuPetition for Appointment of Guardian of Incapacitated Individual

Instructions for Completing:NextBackalleged incapacitated individual

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Instructions for Completing:Petition for Appointment of Guardian of Incapacitated Individual (PC 625)NextBack

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Instructions for Completing:Petition for Appointment of Guardian of Incapacitated Individual (PC 625)NextBack

Main MenuPetition for Appointment of Guardian of Incapacitated Individual

Instructions for Completing:NextBack

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Instructions for Completing:Petition for Appointment of Guardian of Incapacitated Individual (PC 625)NextBack

Main MenuPetition for Appointment of Guardian of Incapacitated Individual

Instructions for Completing:NextBack

Main MenuPetition for Appointment of Guardian of Incapacitated Individual

Instructions for Completing:NextBackDate 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.

Main MenuPetition for Appointment of Guardian of Incapacitated Individual

Instructions for Completing:NextBack

Main MenuInstructions for Completing:

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

Court personnel will complete Part 1Order Appointing Guardian Ad LitemNextBack

Main MenuInstructions for Completing:

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 HearingNextBack

Main MenuInstructions for Completing:

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

Notice of HearingNextBackPetition to Appoint Guardian of an Incapacitated Individual.

Main MenuInstructions for Completing:Requirements for Notice All individuals listed below must be notifiedIncapacitated individual - The law requires the subject of the Petition to be present at the hearing, unless physically unable to do so. The doctors statement, which accompanies the Petition, must address the persons ability to attend the hearing.

2.Incapacitated individuals spouse

3.Incapacitated individuals children and the individuals 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 GeneralNextBack

Main Menu7.Nominated Guardian

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

9.Veterans 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 heirsInstructions for Completing:Requirements for NoticeNextBack

Main MenuInstructions for Completing:

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

Notice to Alleged Incapacitated IndividualNextBack

Main MenuIt 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:

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

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

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.

Instructions for Completing:Proof of Service

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

the incapacitated individual,if known, a person named as attorney in fact under a durable power of attorney,the incapacitated individuals spouse,the incapacitated individuals children and the individuals parentsif no spouse, child, or parent is living, the next living relativeof the person,the person who has the care and custody of the incapacitated individual,the nominated guardian,person who files a request for notice pursuant to MCL 700.5104(1)Special parties (Veterans Administration and Attorney GeneralProof of Service

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Main MenuInstructions for Completing: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 48909Proof of Service

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Main MenuInstructions for Completing:

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

Petition for Appointment of Guardian of an IncapacitatedProof of Service

NextBackIndividual, Notice of Hearing and Notice to Alleged Incapacitated Individual

Main MenuInstructions for Completing:

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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Main MenuInstructions for Completing:

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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Main MenuInstructions for Completing:

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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Main MenuIn the matter of___ insert name of the alleged incapacitated individual and file number.

Instructions for Completing:Nominated Guardian AgreementNextBack

Main MenuInstructions for Completing:Nominated Guardian AgreementBackRestartThe Proposed Guardian must read, date, and sign the agreement.

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