FILING PRO
Note: The Court is prohibited by law (Sec. 1211 of
the Estates and Protected Individuals Code [EPIC]) from providing legal advice
and completing forms. This item provides general information concerning
the filing procedures for adult guardianships and may be useful as a
guide. If you have any questions, consider contacting an attorney for
assistance.
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Filing
Fee |
$150.00 Note: This fee may be waived if the person filing for
Guardianship can show they are indigent (i.e., petitioner needs to show a
current Medicaid card in own name). |
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Forms Used |
PC 625, Petition for Appointment of Guardian of
Incapacitated Individual PC 571, Acceptance of Appointment PC 634, Annual Report of Guardian on Condition of Legally
Incapacitated Individual (Note: This form is used after a guardian is
appointed and must be filed each year.) |
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Service |
Publication is required for persons whose address or
whereabouts are unknown. The legal newspaper fee (currently $71.30) is
paid to the Detroit Legal News when the petition is filed. For more
information on publication, you may wish to contact them: (313) 961-6435 |
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Interested Persons |
The interested
persons need to be listed on the petition, along with their proper address.
If an interested person is not included or is not properly served, the
hearing cannot be held. The interested persons in a petition for
appointment of a guardian of a legally incapacitated individual are: 1. The alleged legally incapacitated individual, 2.
If known, a person named as attorney in fact under a durable power of
attorney, 3.
The alleged legally incapacitated individual's spouse, 4.
The alleged legally incapacitated individual's adult children and the individual's
parents, 5.
If no spouse, child, or parent is living, the presumptive heirs of the
individual, 6.
The person who has the care and custody of the alleged legally incapacitated
individual, and 7.
The nominated guardian. Note: The petition must
include specific facts about the adult's condition and examples of the
adult's recent conduct that demonstrates the need for the appointment of a
guardian. |
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Hearing Date |
Your
Petition will be set for hearing by the Court. 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. |
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Guardian ad Litem |
The
court must, by law, appoint a Guardian ad Litem (GAL) to represent the
interest of the alleged legally incapacitated individual unless the person
has his/her own attorney. It will be the GAL’s responsibility to
visit the person and make a recommendation as to whether or not a guardian is
needed. The
GAL is not an employee of the court but a licensed practicing attorney
appointed by the court. If there is no conservatorship, or there are no
funds in the conservatorship, the county will be billed for the legal
services of the Guardian ad Litem. |
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Attorney |
If
the person alleged to be legally incapacitated objects to the petition, the
guardian ad litem must report this to the court. The court must then
remove the guardian ad litem and appoint an attorney to represent the subject
of the petition. The attorney will appear at the hearing to represent
the alleged legally incapacitated individual. |
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Location/Hours
of Court |
Rev. 12\08