Michigan Sample Letter regarding Petition to Appoint New Conservator
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How to fill out Sample Letter Regarding Petition To Appoint New Conservator?
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FAQ
Guardianship is a court order that allows one person to make decisions for another person. There are two types of adult guardianships in Michigan. The first is for persons described as ?legally incapacitated individuals? and the other is specifically for people with intellectual or developmental disabilities.
The document called a nomination of conservatorship allows an individual (also known as the principal or conservatee) to dictate who they want to look after them and their assets if they become incapacitated.
The judge must find by clear and convincing evidence two things: (1) the individual lacks the understanding or capacity to make or communicate informed decisions, and (2) the appointment of a guardian is necessary to provide for the individual's continuing care and supervision.
Any person who is interested in the individual's welfare may complete a Petition for Appointment of Conservator (form PC 639) and file it, along with the filing fee, with the probate court.
Every year that the guardianship continues, the guardian must file with the Probate Court the Annual Report on Condition of Minor (PC 654) which updates the Probate Court on the condition of the minor. This form must be filed each year on the anniversary date of the issuance of the Letters of Guardianship.
Probate Court Filing Information Petitions and other forms are available at the court website. (probate court packets) or at the counter in the Probate Court. There is a $175.00 filing fee for guardianships.
Filing a Petition for Full Adult Guardianship A judge will appoint a guardian only if the condition of the adult fits specific requirements. The specific conditions that must be met are found in form PC 625, which is available at your local probate court or at .courts.mi.gov/ formssearch.
If an emergency exists, the Judge may appoint a temporary guardian at a hearing. A letter from a doctor or social worker may be required to explain the nature of the emergency. Please note that a second hearing is required.
