![]() ![]() You could also attach a doctor's note stating that the ward lacks the capacity to make medical decisions. If you can, attach any medical records that show problems the ward is having. You can always attach additional pages of information if necessary. Try to include as much information as possible in the Petition to help the Judge understand why a guardian is necessary. You can obtain this form from the Probate Court office. How do I file for Guardianship?Ī Guardianship is started by filing a petition with the Probate Court. For example, if your parent lives in one county but is hospitalized in a different county, you could file for Guardianship in either county. However, if the ward is temporarily staying in a different county, you are allowed to file for Guardianship in that county as well. This means that you can file in the Probate Court in the county in which the ward has his or her permanent address. In Michigan, you can either file in the county where the ward resides or is present. For example, a child can file for Guardianship of one or both parents a spouse can file for the other spouse a friend or caregiver can also file for Guardianship. Who can file for Guardianship?Īny interested person can file for Guardianship. However, it may also be used when a person suffers an unexpected medical event such as a stroke or brain injury. A good example is a parent who can no longer make informed medical decisions because of Alzheimers dementia. Guardianship is most often used when a person has lost his or her ability to make decisions because of age or incapacity. A Guardianship allows a person to make medical and placement decisions for another person who is unable to make those decisions (the ward). However, with some simple guideline, the process can be straightforward. Press the (+) beside the question to display the answer.Filing for an adult Guardianship can appear daunting at first. The court order will be filed with the court but must also be indexed in the county clerk’s office.īelow is a list of frequently asked questions. Upon selection the Court will file an order outlining the constraints of the guardian or conservator, if any. If the Jury finds that the Respondent is partially or fully disabled in either their personal or financial affairs, the Court will decide who will be the Respondent’s guardian or conservator.Upon conclusion of the trial, the jury will determine whether the Respondent is fully or partially disabled in personal and/or financial affairs. The County Attorney, on behalf of the Commonwealth, and the Respondent’s attorney will present evidence from the reports. Once the Court receives all three reports, the matter will be schedule for a jury trial in the District Court. ![]() Each member of this team will meet with Respondent and file a report consisting of their respective opinions. After the Court reviews the petition and applications, the Court will designate an Interdisciplinary Team consisting of a Doctor, Psychologist, and Social Worker.The Petitioner is not required to have an attorney but may choose to do so. The County Attorney will represent the Commonwealth in this proceeding. The Court will pay the lawyer’s fees if the Court determines the respondent is unable to do so. If the Respondent does not have an attorney, the Court will appoint an attorney to provide representation.At the same time the petition is filed, an application for emergency appointment, AOC Form 745, may be filed if necessary along with an application of appointment to fiduciary for disabled person, AOC Form 747, must also be filed by the person intending to be guardian or conservator of the Respondent.You MUST also tender an AOC Form 765, Report of Interdisciplinary Team, completed by the respondent’s treating physician. When ready to proceed with the filing of a guardianship petition, return to the County Attorney’s Office with a “letter of need” for guardianship on the respondent’s treating physician’s letterhead stating why guardianship is needed.Come to the McCracken County Attorney’s Office to get information about what is required to initiate the process through our office. ![]()
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