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Michigan Notice of Rights to Alleged Incapacitated Individual

State:
Michigan
Control #:
MI-PC-626-0
Format:
PDF
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Description

Notice of Rights to Alleged Incapacitated Individual

The Michigan Notice of Rights to Alleged Incapacitated Individual is a form issued by the court and given to an alleged incapacitated individual to inform them of their rights in a guardianship proceeding. It serves as a way to ensure that the individual is aware of their legal rights and the proceedings that are taking place. The form includes information regarding the individual's right to: (1) be represented by an attorney; (2) present evidence and witnesses; (3) cross-examine witnesses; (4) request a jury trial; (5) a copy of the petition for guardianship; (6) receive notice of the hearing; (7) present testimony; (8) receive copies of court orders; (9) appeal the court's decision; and (10) be present at the hearing. There are two different types of Michigan Notice of Rights to Alleged Incapacitated Individual: those issued by the court in guardianship proceedings and those issued by the court in conservatorship proceedings.

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FAQ

An individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.

Mental Incapacity: What is it? The legal definition of incapacity is the inability to carry on the everyday affairs of life or to care for one's person or property with reasonable discretion due to a mental illness or significant cognitive impairment.

The decision to declare someone as legally incapacitated is determined by a court. A medical team will submit opinions on the individual in question after a series of tests and evaluations. The court will then look over these opinions. It is possible for a family member or the individual to challenge the decision.

An incapacited individual is defined by Michigan Law as someone who is impaired by mental illness or deficiency, or physical illness, physical disability, chronic drug use or intoxication or any other cause that results in inhibiting the individual from making informed decisions.

A lack of physical or mental/cognitive ability that results in a person's inability to manage their own personal care, property, or finances. A lack of ability to understand one's actions when making a will or other legal document. The inability of an injured worker to perform their job.

If the incapacitated individual needs a guardian, the judge will select (appoint) a suitable guardian who is willing to serve. If the individual needs a guardian but has some ability to take care of certain tasks, the judge may appoint a limited guardian to take care of only those things that the individual cannot.

They are: Minors. Until the age of maturity, minors cannot enter into contracts.Vulnerable parties. A vulnerable party is one who has difficulty understanding the content of the contract and the consequences of not meeting the terms of the contract.Intoxicated people.

Incapacity means an inability to work, attend school, or perform other regular daily activities because of a serious health condition, treatment of that condition or recovery from it, or subsequent treatment.

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Michigan Notice of Rights to Alleged Incapacitated Individual