Detroit Michigan Petition to Terminate or Modify Guardian for Developmentally Di

State:
Michigan
City:
Detroit
Control #:
MI-PC-677
Format:
PDF
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This is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and federal codes and statutes. USLF updates all state and federal forms as is required by state and federal statutes and law.

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FAQ

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.

The person who is appointed as a guardian by the probate court is legally responsible for caring for a person and making necessary related decisions, including healthcare and living arrangements. When there are substantial assets involved, a guardian does not have responsibility for the individual's financial matters.

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.

A temporary guardianship can only last up to six months. Any person who has an interest in the welfare of a minor, including the minor if 14 years of age, may file a petition with the court for appointment of a guardian for a minor.

A Guardianship is started by filing a petition with the Probate Court. You can obtain this form from the Probate Court office. This form is also available online. Try to include as much information as possible in the Petition to help the Judge understand why a guardian is necessary.

Guardian Resignation 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.

A determination of incapacity in Michigan requires a probate court finding by clear and convincing evidence. The court must then make a further finding that a guardian is ?necessary as a means of providing continuing care and supervision of the incapacitated individual.?MCL 700.5306(1).

An individual is considered legally incapacitated if they have ?been adjudged by a court to be an incapacitated individual,? or if ?a guardian is appointed under? the relevant act.

The person you appoint to make your medical decisions is often known as your Patient Advocate. Your Patient Advocate is given the authority to make medical decisions for you in the event that it is determined that you are incapable of making decisions or are unable to communicate, usually due to being 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.

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Detroit Michigan Petition to Terminate or Modify Guardian for Developmentally Di