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1. Petition for Guardianship of Incapacitated Individual Genesee County Probate Court 900 S. Saginaw StreetRoom 502Flint, MI 48502(810) 257-3528 Click to Begin
2. Instructions Once you’ve 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. Back Main Menu Next
3. Legal Notice 1999, COURT PERSONNEL SHALL NOT PROVIDE OR OFFER TO PROVIDE LEGAL ADVICE OR LEGAL COUNSEL TO A FIDUCIARY OR AN INTERESTED PERSON AND SHALL NOT COMPLETE A FORM, PETITION OR DOCUMENT FOR A FIDUCIARY OR INTERESTED PERSON. PUBLIC ACT 386 OF 1998, AS AMENDED BY PUBLIC ACT 52 OF Court personnel cannot, by law, offer assistance while filing these forms. Back Next
4. Legal Notice and should not, in any way, be used in replacement of an attorney. These instructions are to offer clarity Back Next
5. Procedure 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.php Back Next
6. Procedure 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. Back Next
7. Procedure Fees (The Court cannot accept personal checks) Petition to Appoint Guardian $150.00 Certified Letter of Guardianship $11.00 each Uncertified Letter of Guardianship $1.00 per page Publication (when applicable) $80.25* *subject to change Back Next
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9. Menu Category Form Petition for Guardianship and Ad Litem Petition for Appointment of Guardian of Guardian Order Appointing Guardian Ad Litem Notices and Serving Notice of Hearing Requirements for Notice Notice to Alleged Incapacitated Individual Proof of Service Doctor’s Statement Nominated Guardian Agreement Additional Documentation Click a Step to begin. To view all, Click Next Back Next
10. Instructions for Completing: 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 http://courts.michigan.gov/scao/courtforms/guardian-conservator/pc625.pdf Back Main Menu Next
11. Instructions for Completing: Petition for Appointment of Guardian of Incapacitated Individual alleged incapacitated individual Back Main Menu Next
12. Instructions for Completing: Petition for Appointment of Guardian of Incapacitated Individual (PC 625) Back Main Menu Next
13. Instructions for Completing: Petition for Appointment of Guardian of Incapacitated Individual (PC 625) Back Main Menu Next
14. Instructions for Completing: Petition for Appointment of Guardian of Incapacitated Individual Back Main Menu Next
15. Instructions for Completing: Petition for Appointment of Guardian of Incapacitated Individual (PC 625) Back Main Menu Next
16. Instructions for Completing: Petition for Appointment of Guardian of Incapacitated Individual Back Main Menu Next
17. Instructions for Completing: Petition for Appointment of Guardian of 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 out the forms or will represent you in the court appearance. Back Main Menu Next
18. Instructions for Completing: Petition for Appointment of Guardian of Incapacitated Individual Back Main Menu Next
19. Order Appointing Guardian Ad Litem (PC 642) Instructions for Completing: 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 individual’s rights, inform the individual of the names of anyone seeking appointment as guardian, and inform the court of his or her determinations about the individual’s wishes Copies of this form are available at http://courts.michigan.gov/scao/courtforms/guardian-conservator/pc642.pdf Back Main Menu Next
20. Order Appointing Guardian Ad Litem Instructions for Completing: “In the matter of___” insert name of the alleged incapacitated individual. Court personnel will complete Part 1 Back Main Menu Next
21. Instructions for Completing: Notice of Hearing (PC 562) 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 http://courts.michigan.gov/scao/courtforms/probate/pc562.pdf *subject to change Back Main Menu Next
22. Notice of Hearing Instructions 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. Back Main Menu Next
23. Notice of Hearing Instructions for Completing: Petition to Appoint Guardian of an Incapacitated Individual. Write the highlighted words in the blank space provided: “Petition to Appoint Guardian of an Incapacitated Individual”. Back Main Menu Next
24. Requirements for Notice - Guardianship of Legally Incapacitated Individual Instructions for Completing: 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 http://www.gc4me.com/departments/probate_court/docs/RequirementsNoticeGuardLegallyIncapacitatedIndividual.pdf Back Main Menu Next
25. Requirements for Notice – All individuals listed below must be notified Instructions for Completing: Incapacitated individual - The law requires the subject of the Petition to be present at the hearing, unless physically unable to do so. The doctor’s statement, which accompanies the Petition, must address the person’s ability to attend the hearing. 2. Incapacitated individual’s spouse 3. Incapacitated individual’s children and the individual’s 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 Back Main Menu Next
26. Instructions for Completing: Requirements for Notice 7. Nominated Guardian 8. If known, a person named as attorney in fact under a durable power of attorney 9. Veteran’s 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 heirs Back Main Menu Next
27. Notice to Alleged Incapacitated Individual on Petition (PC 626) 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. Back Main Menu Next
28. Notice to Alleged Incapacitated Individual Instructions for Completing: “In the matter of___” insert name of the alleged incapacitated individual. Back Main Menu Next
29. Proof of Service (PC 564) Instructions 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 at http://courts.michigan.gov/scao/courtforms/probate/pc564.pdf Back Main Menu Next
30. Instructions for Completing: Proof of Service 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: 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. Back Main Menu Next
31. Proof of Service Instructions 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 individual’s spouse, the incapacitated individual’s children and the individual’s parents if 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 General Back Main Menu Next
32. Proof of Service Instructions 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 Administration Patrick V. McNamara Bldg. 477 Michigan Avenue, Ste 1460 Detroit, MI 48226 Attorney General, Public Administration PO Box 30736 Lansing, MI 48909 Back Main Menu Next
33. Proof of Service Instructions for Completing: Petition for Appointment of Guardian of an Incapacitated Individual, Notice of Hearing and Notice to Alleged Incapacitated Individual “In the matter of___” insert name of the alleged incapacitated individual 1. Insert titles as seen above. Back Main Menu Next
34. Proof of Service Instructions 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. Back Main Menu Next
35. Proof of Service Instructions 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. Back Main Menu Next
36. Proof of Service Instructions 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. Back Main Menu Next
37. Doctor’s Statement Instructions for Completing: It is recommended that a statement by the treating physician should accompany the petition to appoint guardian. (The petition may be filed without a Doctor’s Statement.) A Doctor’s 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: Be on doctor’s letterhead, typed, dated, and signed by the doctor. Describe the alleged incapacitated individual’s condition or ailment and state the prognosis. Indicate whether or not the person is able to attend a court hearing. Back Main Menu Next
38. Instructions for Completing: Nominated Guardian Agreement 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 http://www.gc4me.com/departments/probate_court/docs/FORMS/NomGuardAgreement.pdf Back Main Menu Next
39. Instructions for Completing: Nominated Guardian Agreement “In the matter of___” insert name of the alleged incapacitated individual and file number. Back Main Menu Next
40. Instructions for Completing: Nominated Guardian Agreement The Proposed Guardian must read, date, and sign the agreement. Back Main Menu Restart