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Related Topic: Conservatorship How a Guardian is Appointed A guardian is appointed by the probate court at the request of a concerned person petitioner and after a hearing is held cenher consider the request.

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Persons granted permission to copy this work must display the above Publication Notice followed by "Included here by permission. The petition must be filed in the probate court in the county where the individual lives or is located. The payment amount depends upon the time spent by the guardian, the perssonals of services provided, the amount of available funds, and the individual's specialized needs.

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A judge may reject anyone to serve as guardian if the judge finds the nominated person unsuitable. The guardian ad litem will tell the individual the name of the person who requested the guardianship and who might be appointed as a guardian.

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The petition states details about why lije guardian is needed. The incapacitated individual, or a person interested ;ersonals the welfare of the incapacitated individual, may file the petition. 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.

The court must pay for the attorney if the individual cannot afford to pay for the attorney.

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Michigan Court Rules require that this be done in a certain way. Otherwise, permission must be obtained to copy all or part of this material in any manner. At the hearing on the petition, the judge will determine whether a guardianship is needed. What Happens at the Hearing?

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The incapacitated individual and these interested persons are entitled adu,t object to the appointment of a guardian. Before the hearing date, the court may also order the individual to be examined by a physician or mental health professional and to submit a report to the court about the individual's condition. The court may appoint someone to investigate the facts in the petition before the hearing date.

The judge will appoint a professional guardian only if there is no one suitable from the above list of people. The information provided in this brochure is not legal advice. Permission to print or copy part or all of this work for classroom use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and that copies clearly display this verbatim notice. The petitioner will also mail copies of the petition and notice of the hearing to certain people called "interested persons".

The probate court clerk schedules a hearing date for a judge to consider the petition. The petitioner will make sure the incapacitated individual is personally given a copy of the petition and a notice of the hearing.

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The guardian ad litem will personally visit the incapacitated individual and explain certain things, including what has been requested in the petition, the incapacitated individual's rights, and what can happen at the hearing. Abstracting with credit is permitted.

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Any competent person may be appointed as a guardian. Who May Serve as a Guardian? The court will only approve just and reasonable payment.

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You can get legal advice from a lawyer who is a member of the State Bar of Michigan. The person that files the petition is known as the "petitioner. This person can be the guardian ad litem, or it can be a physician or mental health professional.

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The guardian ad litem will also ask the individual what he or she wants the court to do about the petition. If the incapacitated individual does not agree to a guardianship, the court must appoint an attorney to represent the incapacitated individual and a contested hearing is set. The law provides who has priority for appointment as guardian, which includes: the guardian appointed in another state for this individual, a person personqls by this individual, the oine nominated in this individual's durable power of attorney, a person nominated by this individual as a patient advocate in a Deation of Patient Advocate.

Where is the Petition Filed? If the incapacitated individual needs a guardian, the judge will select ceter a suitable guardian who is willing to serve. This person will submit a full report to the court, including what he or she recommends for the individual.

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The petitioner must deliver copies of the petition to certain people before the hearing date. To make a request to the court, a concerned person must file a request on a legal document called a petition.

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Who Can File a Petition pwrsonals Guardianship? The court will appoint a guardian ad litem to represent the incapacitated individual, unless the individual has his or her own attorney.