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Petition for Guardianship of Incapacitated Individual Click to Begin Genesee County Probate Court 900 S. Saginaw Street Room 502 Flint, MI 48502 (810)

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Presentation on theme: "Petition for Guardianship of Incapacitated Individual Click to Begin Genesee County Probate Court 900 S. Saginaw Street Room 502 Flint, MI 48502 (810)"— Presentation transcript:

1 Petition for Guardianship of Incapacitated Individual Click to Begin Genesee County Probate Court 900 S. Saginaw Street Room 502 Flint, MI (810)

2 NextBackMain Menu Once 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.

3 PUBLIC ACT 386 OF 1998, AS AMENDED BY PUBLIC ACT 52 OF NextBack PROVIDE LEGAL ADVICE OR LEGAL COUNSEL TO A FIDUCIARY OR AN INTERESTED PERSON AND SHALL NOT 1999, COURT PERSONNEL SHALL NOT PROVIDE OR OFFER TO COMPLETE A FORM, PETITION OR DOCUMENT FOR A FIDUCIARY OR INTERESTED PERSON. Court personnel cannot, by law, offer assistance while filing these forms.

4 These instructions are to offer clarity NextBack and should not, in any way, be used in replacement of an attorney.

5 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 an_incapacitated_individual.php an_incapacitated_individual.php NextBack

6 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 We may be reached by phone at 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. NextBack

7 Fees (The Court cannot accept personal checks) Petition to Appoint Guardian$ Certified Letter of Guardianship$11.00 each Uncertified Letter of Guardianship$1.00 per page Publication (when applicable) $80.25* *subject to change NextBack

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9 NextBack Scroll down the page and find Replay

10 NextBack Petition for Guardianship and Ad Litem Notices and Serving Additional Documentation CategoryForm Click a Step to begin. To view all, Click Next Petition for Appointment of Guardian of Guardian Order Appointing Guardian Ad Litem Notice of Hearing Requirements for Notice Notice to Alleged Incapacitated Individual Doctors Statement Nominated Guardian Agreement Proof of Service

11 Petition for Appointment of Guardian of Incapacitated Individual (PC 625) This will outline the Petition for Appointment of Guardian of Incapacitated Individual The Alleged Incapacitated Individual is the person who you believe needs a guardian Copies of this form are available at conservator/pc625.pdf NextBackMain Menu

12 Petition for Appointment of Guardian of Incapacitated Individual NextBack alleged incapacitated individual Main Menu

13 Petition for Appointment of Guardian of Incapacitated Individual (PC 625) NextBackMain Menu

14 Petition for Appointment of Guardian of Incapacitated Individual (PC 625) NextBackMain Menu

15 Petition for Appointment of Guardian of Incapacitated Individual NextBackMain Menu

16 Petition for Appointment of Guardian of Incapacitated Individual (PC 625) NextBackMain Menu

17 Petition for Appointment of Guardian of Incapacitated Individual NextBackMain Menu

18 Petition for Appointment of Guardian of Incapacitated Individual NextBack 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. Main Menu

19 Petition for Appointment of Guardian of Incapacitated Individual NextBackMain Menu

20 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 individuals rights, inform the individual of the names of anyone seeking appointment as guardian, and inform the court of his or her determinations about the individuals wishes Copies of this form are available at conservator/pc642.pdf Order Appointing Guardian Ad Litem (PC 642) NextBackMain Menu

21 In the matter of___ insert name of the alleged incapacitated individual. Court personnel will complete Part 1 Order Appointing Guardian Ad Litem NextBackMain Menu

22 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 at *subject to change Notice of Hearing (PC 562) NextBackMain Menu

23 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 NextBackMain Menu

24 Write the highlighted words in the blank space provided: Petition to Appoint Guardian of an Incapacitated Individual. Notice of Hearing NextBack Petition to Appoint Guardian of an Incapacitated Individual. Main Menu

25 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 at tsNoticeGuardLegallyIncapacitatedIndividual.pdf Requirements for Notice - Guardianship of Legally Incapacitated Individual NextBackMain Menu

26 Requirements for Notice – All individuals listed below must be notified 1.Incapacitated 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 General NextBackMain Menu

27 7.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 (1); MSA (1) 11.Publication - if there are no known heirs Requirements for Notice NextBackMain Menu

28 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) NextBackMain Menu

29 In the matter of___ insert name of the alleged incapacitated individual. Notice to Alleged Incapacitated Individual NextBackMain Menu

30 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 at Proof of Service (PC 564) NextBackMain Menu

31 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 NextBackMain Menu

32 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 individuals spouse, 4.the incapacitated individuals children and the individuals parents 5.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 (1) 9.Special parties (Veterans Administration and Attorney General) Proof of Service NextBackMain Menu

33 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 Administration Patrick V. McNamara Bldg. 477 Michigan Avenue, Ste 1460 Detroit, MI Attorney General, Public Administration PO Box Lansing, MI Proof of Service NextBackMain Menu

34 In the matter of___ insert name of the alleged incapacitated individual 1. Insert titles as seen above. Petition for Appointment of Guardian of an Incapacitated Proof of Service NextBack Individual, Notice of Hearing and Notice to Alleged Incapacitated Individual Main Menu

35 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 NextBackMain Menu

36 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 NextBackMain Menu

37 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 NextBackMain Menu

38 It is recommended that a statement by the treating physician should accompany the petition to appoint guardian. (The petition may be filed without a Doctors Statement.) A Doctors 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 doctors letterhead, typed, dated, and signed by the doctor. 2.Describe the alleged incapacitated individuals condition or ailment and state the prognosis. 3.Indicate whether or not the person is able to attend a court hearing. Doctors Statement NextBackMain Menu

39 This 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 at mGuardAgreement.pdf Nominated Guardian Agreement NextBackMain Menu

40 In the matter of___ insert name of the alleged incapacitated individual and file number. Nominated Guardian Agreement NextBackMain Menu

41 Nominated Guardian Agreement BackRestart The Proposed Guardian must read, date, and sign the agreement. Main Menu


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