CLOSING PROCEDURES -

GUARDIANSHIP FOR AN INDIVIDUAL

WITH A DEVELOPMENTAL DISABILITY

 

Note:  The Court is prohibited by law from providing legal advice.  This item provides general information concerning the closing procedures for a guardianship for an individual with a developmental disability and may be useful as a guide.  If you have any questions, consider reviewing the Guardianship for an Individual with a Developmental Disability heading under the Frequently Asked Question (FAQ) section of the website, contacting an attorney for assistance, or calling the Mental Health Services Department of Wayne County Probate Court at (313) 224-5825.   

  

Note: A DD ward may communicate their desire to terminate or modify their guardianship by any means, including oral communication or informal letter. 

 

 

Closing upon Death of Ward: There is no fee.  The guardian files a photocopy of the death certificate and the case is closed by the Court.  A final form PC 663, Report of Guardian on Condition of Individual with Developmental Disability, can also be filed with the death certificate but is not required.   

 

Important Note: A partial guardianship for an individual with developmental disabilities automatically closes after five (5) years. 

 

If you are a guardian of the estate (i.e., conservator), you must also file a final account.  See Account Instructions for more information. 

 

The Following Procedures Apply to Attempting to Terminate a Guardianship for an Individual with a Developmental Disability Before the Ward’s Death:

 

Filing Fee

None  

 

Note: Petition would be filed at the Probate Counter, Room 1307, Coleman A. Young Municipal Center. 

 

Form(s) Used

PC 677, Petition to Terminate\Modify Guardianship for Alleged Developmentally Disabled Individual

Who can File

Anyone interested in the welfare of the individual with developmental disabilities can file a petition to terminate the guardianship. 

 

Interested Persons

Only list new interested persons and\or change of addresses for any interested persons since the guardianship was opened.  If an interested person is not included or is not properly served, the hearing cannot be held.

 

Hearing Date

Your Petition will be set for hearing.  Typically, the hearing date is 4-6 weeks after the petition is filed.  Your Hearing Reminder form displays the correct date, time, place, and assigned Judge.  You, the Petitioner, must attend the hearing or your Petition will be dismissed. 

 

Guardian ad Litem/ Attorney

The Court may appoint a Guardian ad Litem (GAL) to investigate the situation and make a recommendation to the court prior to the hearing.  The GAL is not an employee of the court but a licensed practicing attorney assigned by the court. 

 

 

Location/Hours of Court

Rev. 8/17