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What You Need To Know Before Filing Petition To Appoint Guardian For Incapacitated Adult (LARGE PRINT) PC 666a - Michigan
| What You Need To Know Before Filing Petition To Appoint Guardian For Incapacitated Adult (LARGE PRINT) Form. This is a Michigan form and can be used in Guardianships and Conservatorships Probate Statewide . |
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WHAT YOU NEED TO KNOW BEFORE FILING Is a guardian needed for an individual who may A PETITION TO APPOINT A GUARDIAN FOR be legally incapacitated? AN INCAPACITATED ADULT A guardian might not be necessary if someone else What is a guardian? already has legal authority to make decisions for the person and there are no problems with the decisions A guardian is a person appointed by a probate court they are making. and given power and responsibility to make certain decisions about the care of another individual. How is a proceeding for a guardian started? These decisions might include treatment decisions or where the individual should live. If the individual has Any person interested in the individuals welfare may a reduced life expectancy due to advanced illness, the complete a Petition for Appointment of Guardian of guardian may have power to make an informed deci- Incapacitated Individual (form PC 625) and file it, sion on behalf of the individual regarding receiving, along with the filing fee, with the probate court where continuing, discontinuing, or refusing medical treat- the individual resides or is presently located. ment. The duties of a guardian are listed in statute. Is a lawyer necessary? A full guardian can make all decisions for the individual. A limited guardian, can only make the No, but a lawyer can be helpful, especially if some- decisions for the individual that the court allows. one objects to the appointment of a guardian, the authority you are asking to be given, or the person When can the court appoint a guardian? you are asking to be appointed guardian. The court can appoint a guardian when it finds the person is a legally incapacitated individual and Can mediation be used for disagreements determines that a guardian is necessary. about a guardianship? What is a "legally incapacitated individual"? Certain disagreements about a request for a guardian may be mediated outside the court if all parties agree A legally incapacitated individual is an adult the court to attend mediation or if a judge order parties to attend finds to be so impaired by mental illness, mental deficiency, physical illness or disability, chronic use mediation. The court clerk can tell you if mediation of drugs, chronic intoxication, or other cause, that he services are available in your court. or she lacks the understanding or capacity to make or communicate informed decisions. Page 1<<<<<<<<<********>>>>>>>>>>>>> 2 What happens when the court accepts a petition Can the individual get a guardian immediately for filing? in an emergency? After the petition is accepted for filing, the court will If an emergency exists, the judge may appoint a tem- appoint a guardian ad litem to visit the individual to porary guardian to serve until a hearing on the petition explain the guardianship proceedings and to make can be held. recommendations to the court as a result of the visit. It is important for you to cooperate with the guardian ad Alternatives to a Full Guardian litem. The guardian ad litem does not have the authority to make decisions for the individual. The The following five alternatives must be planned by individual may have to pay for the guardian ad litem. If the individual before he or she becomes mentally necessary, the court may also order the individual to be incapable of making the decisions. examined by a physician or a mental health professional. 1. Health Care Power of Attorney Also called a patient advocate designation or a What will the guardian ad litem do? durable power of attorney for health care. This document enables a person to name an agent The guardian ad litem will personally visit the (called a patient advocate) to make his or her individual and explain to the individual the nature, health care decisions when not capable or not purpose, and legal effects of the appointment of a competent to do so. The document may cover guardian. any type of health care decision including guidance to the agent about the type and extent The guardian ad litem will: of health care desired. It can also include 1) explain the hearing procedure and the authority to withhold or to withdraw life support individuals rights during the hearing; services. 2) inform the individual of the name of anyone 2. Do-Not-Resuscitate Order seeking appointment as guardian; and A do-not-resuscitate order is a document directing that the patient named in the order not 3) inform the court of his or her be resuscitated if the patients spontaneous respi- determinations about the individuals wishes. ration and circulation stop in a setting outside a nursing home, hospital, or mental health facility owned or operated by the Department of Page 2<<<<<<<<<********>>>>>>>>>>>>> 3 Community Health. The patient must sign the assets. document in the presence of his or her attending physician and two adult witnesses. Under a trust, assets are owned by the trust and managed by the trustee for the benefit of the If the patient is an adherent of a religious denomi- persons to be protected. The trust also names nation or a church whose members depend upon the individuals to whom the assets will go upon spiritual means through prayer alone for healing, the settlors death. A trustee usually is the maker the adult patient may sign a do-not-resuscitate of the trust at first and frequently names a order that meets special statutory requirements relative to be the successor. Professional and does not require the signature of an attending trustees often serve in this highly responsible physician. position. 3. Power of Attorney 5. Joint Ownership A power of attorney is a document signed by a Joint ownership involves certain assets to be competent person giving another person the held by two or more persons and may entitle power to manage some or all of his or her any of the owners to have control and manage- affairs. The document must be signed by a ment of the assets. notary in the presence of at least one witness. Some of the assets that can be held in joint A power of attorney is durable if it remains valid ownership are real estate, bank accounts, even if the maker of the power of attorney later corporate stocks, and mutual funds. A joint becomes disabled or incapacitated. A durable owner can apply the funds of an account for the power of attorney is the means for a mentally disabled co-owner without court action. This can competent adult to grant a person (called an involve the loss of sole control over the funds by agent) auth
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