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Michigan Petition to Terminate/Modify Guardian of Developmentally Disabled Individual

State:
Michigan
Control #:
MI-PC-677-0
Format:
PDF
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Description

Petition to Terminate/Modify Guardian of Developmentally Disabled Individual

Michigan Petition to Terminate/Modify Guardian of Developmentally Disabled Individual is a legal process that allows an individual to modify or terminate guardianship of a developmentally disabled adult in the state of Michigan. This process begins with the filing of a petition in the probate court in the county of the disabled adult's residence. The petition must include detailed information about the developmentally disabled individual, the guardian, and the reasons why the guardianship should be modified or terminated. There are two types of Michigan Petition to Terminate/Modify Guardian of Developmentally Disabled Individual. The first is a Petition to Terminate Guardianship, which is used when the petitioner believes that the guardianship should be terminated entirely. The second is a Petition to Modify Guardianship, which is used when the petitioner believes that certain aspects of the guardianship should be changed, but that the guardianship should still remain in place. The court will then review the petition and may hold a hearing to determine whether the guardianship should be modified or terminated. If the court grants the petition, the guardianship will be modified or terminated accordingly.

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FAQ

A full guardianship may continue until the minor turns 18; the guardian must file annual reports with the court regarding the child's well-being, and notify the court of any change in the child's address within 14 days of the move.

A guardian may request court approval of the guardian's resignation by submitting a petition and filing a report with the court. On approval of the report and acceptance of the resignation, the court has authority to make other appropriate orders, including termination of the guardianship.

Only the CUSTODIAL PARENT(S) of the child can file a Petition to Terminate a Limited Guardianship. If there are two custodial parents, both must sign the petition. Any person interested in the child's welfare can file a petition for the appointment of a full guardian for the minor.

Ultimately, guardians can be said to make personal decisions on behalf of the protected person, such as medical or housing decisions. In contrast, conservators make decisions and take action regarding property and finances. Conservatorships must be established in the probate court.

There is a $20.00 filing fee for a Petition to Modify Guardianship of an Incapacitated Individual. Request for Temporary/Emergency. Petition to Modify Guardianship. Additional Page for Petition (if needed) Order Appointing Guardian ad Litem. Authorization for Release of Information. Nominated Guardian Agreement.

700.5217 Termination of appointment of guardian. Sec. 5217. A guardian's authority and responsibility terminate upon the guardian's death, resignation, or removal or upon the minor's death, adoption, marriage, or attainment of majority.

A conservatorship continues until terminated by the conservatee's death or by a court order. When the conservatee dies, the conservatorship terminates as a matter of law. However, this does not mean that the conservator does not have any power over the conservatee's assets after he or she dies.

Terminating a Conservatorship in Michigan A conservatorship of a minor child unless otherwise stated ends when that child turns 18, and for an adult, it will terminate when the adult reaches mental capacity or they die.

More info

Complete the entire form. Once you have completed these steps please fill in Number 4 on Proof of Service.What you get: Instant access to fillable Microsoft Word or PDF forms. This document can be mailed to Probate Court and may be set for hearing. Washington State superior courts have the power to appoint guardians for people who are "incapacitated. Developmentally Disabled Individuals. The guardian or conservator or protected person files a petition to end or terminate the guardianship or conservatorship. The court sets a hearing date. Petition To Terminate Modify Guardian For Alleged Developmentally Disabled Individual Form. This is a Michigan form and can be use in Probate Statewide.

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Michigan Petition to Terminate/Modify Guardian of Developmentally Disabled Individual