This Petition for Appointment of Guardian of Incapacitated Individual 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.
Detroit Michigan Petition For Appointment of Guardian Of Incapacitated Individual
Category:
State:
Michigan
City:
Detroit
Control #:
MI-PC-625
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PDF
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How to fill out Michigan Petition For Appointment Of Guardian Of Incapacitated Individual?
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FAQ
The filing fee to start each guardianship is $175.00.
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.
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.
What must the Petition to be appointed as Legal Guardian contain? The jurisdictional facts; The name, age and residence of the prospective ward; The ground rendering the appointment necessary or convenient; The death of the parents of the minor or the termination, deprivation or suspension of their parental authority;
To appoint legal guardians for your children, you must name them as your chosen guardians in your Will. Before doing this you will need to approach the people you would like to appoint as guardians to find out whether they are willing and able to take on this responsibility.
An incapacitated person means a person under the age of eighteen (18) years, or an adult individual who is unable to provide food, clothing, or shelter or unable to manage their financial affairs. An individual may be declared medically incapacitated, but that has no legal effect.
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).
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 filing fee to start each guardianship is $175.00.