Filing 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 filing procedure 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 Questions (FAQs) section of the website, contacting an attorney for assistance, or calling the Mental Health Services Department of the Wayne County Probate Court at (313) 224-5825.

 

  

Who Can File?

Anyone can file a petition for the appointment of a guardian for an individual who is developmentally disabled.

 

How Does the Process Work?

Unless an emergency exists and the appointment of a temporary guardian is requested, evaluations of the individual with a developmental disability must be conducted.   

Whoever files the petition for the appointment of a guardian for an individual with a developmental disability, they must attach evaluations of the proposed ward’s mental, physical, social, educational condition, adaptive behavior, and social skills.  These evaluations can be obtained by contacting your own private sources or by contacting the Detroit-Wayne Community Mental Health Agency (CMH) at (313) 833-2500.  If a facility or program director is the petitioner, then a recommendation from the Informed Consent Board is required.   

The person who began the process can remain involved in the proceeding and request that they be appointed guardian of the individual with a developmental disability.   

 

Is a Hearing Required?

 

A hearing is required for all petitions for the appointment of a guardian for an individual with a developmental disability.  Testimony must be taken, and the individual with a developmental disability must be present. 

 

Can a Temporary Guardian be Appointed?

A request for a temporary guardian can be made as part of a petition for the appointment of a guardian for an individual with a developmental disability.  An original letter from a doctor may be included stating the nature and extent of the emergency.  A guardian ad litem (GAL) will be appointed by the Court, who will make a report to the Judge.  A hearing will be held within a week on the request for a temporary guardian. An evaluation by an agency will not be conducted at this time.  If a temporary guardian is appointed, it is for a maximum of six months; during this time, another petition for appointment of a guardian for an individual with a developmental disability must be filed.  

 

Is There a Filing Fee?

No filing fee is required for a petition for appointment of a guardian for an individual with a developmental disability.   

 

 

Rev. 8/15