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What You Need To Know Before Filing Petition To Appoint Guardian For Incapacitated Adult PC 666 - Michigan
| What You Need To Know Before Filing Petition To Appoint Guardian For Incapacitated Adult 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 How is a proceeding for a guardian started? The guardian ad litem will: BEFORE FILING A PETITION 1) explain the hearing procedure and the TO APPOINT A GUARDIAN Any person interested in the individuals welfare individuals rights during the hearing. FOR AN INCAPACITATED ADULT may complete a Petition for Appointment of Guard- 2) inform the individual of the name of anyone ian of Incapacitated Individual (form PC 625) and seeking appointment as guardian; and file it, along with the filing fee, with the probate court 3) inform the court of his or her determinations where the individual resides or is presently located. about the individuals wishes. What is a guardian? Is a lawyer necessary? Can the individual get a guardian A guardian is a person appointed by a probate court and given power and responsibility to immediately in an emergency? make certain decisions about the care of No, but a lawyer can be helpful, especially if another individual. These decisions might someone objects to the appointment of a guardian, If an emergency exists, the judge may appoint a include treatment decisions or where the the authority you are asking to be given, or the person temporary guardian to serve until a hearing on individual should live. If the individual has a you are asking to be appointed guardian. the petition can be held. reduced life expectancy due to advanced illness, the guardian may have the power to make an Can mediation be used for disagreements ALTERNATIVES TO A FULL GUARDIAN informed decision on behalf of the individual about a guardianship? regarding receiving, continuing, discontinuing, The following five alternatives must be planned or refusing medical treatment. The duties of a Certain disagreements about a request for a by the individual before he or she becomes guardian are listed in statute. guardian may be mediated outside the court if all mentally incapable of making the decisions. parties agree to attend mediation or if a judge order A full guardian can make all decisions for the parties to attend mediation. The court clerk can tell 1. Health Care Power of Attorney individual. A limited guardian, can only make you if mediation services are available in your court. Also called a patient advocate designation decisions for the individual that the court allows. or a durable power of attorney for health What happens when the court accepts a care. This document enables a person to When can the court appoint a guardian? petition for filing? name an agent (called a patient advocate) The court can appoint a guardian when it finds to make his or her health care decisions the person is a legally incapacitated individual After the petition is accepted for filing, the court will when not capable or not competent to do so. and determines that a guardian is necessary. appoint a guardian ad litem to visit the individual to The document may cover any type of health explain the guardianship proceedings and to make care decision including guidance to the recommendations to the court as a result of the visit. agent about the type and extent of health What is a "legally incapacitated individual"? care desired. It can also include authority to A legally incapacitated individual is an adult the It is important for you to cooperate with the guardian withhold or to withdraw life support services. court finds to be so impaired by mental illness, ad litem. The guardian ad litem does not have the mental deficiency, physical illness or disability, authority to make decisions for the individual. The 2. Do-Not-Resuscitate Order chronic use of drugs, chronic intoxication, or individual may have to pay for the guardian ad litem. A do-not-resuscitate order is a document other cause, that he or she lacks the understand- If necessary, the court may also order the individual directing that the patient named in the order ing or capacity to make or communicate informed to be examined by a physician or a mental health not be resuscitated if the patients decisions. professional. spontaneous respiration and circulation stop in a setting outside a nursing home, hospital, Is a guardian needed for an individual who What will the guardian ad litem do? or mental health facility owned or operated by may be legally incapacitated? the Department of Community Health. The The guardian ad litem will personally visit the patient must sign the document in the A guardian might not be necessary if someone else already has legal authority to make individual and explain to the individual the nature, presence of his/her attending physician and decisions for the person and there are no purpose, and legal effects of the appointment of a two adult witnesses. problems with the decisions they are making. guardian. <<<<<<<<<********>>>>>>>>>>>>> 2 If the patient is an adherent of a religious 5. Joint Ownership 4. Representative Payee denomination or a church whose members Joint ownership involves certain assets to be A representative payee is appointed by a depend upon spiritual means through prayer held by two or more persons and may entitle any government agency to receive, manage, and alone for healing, the adult patient may sign of the owners to have control and management spend government benefits for a beneficiary. a do-not-resuscitate order that meets of the assets. This is most often done for Social Security special statutory requirements and that does benefits. The beneficiary may request a not require the signature of an attending Some of the assets that can be held in joint representative payee, but usually the agency physician. ownership are real estate, bank accounts, requires one when the beneficiary is no corporate stocks, and mutual funds. A joint longer able to manage benefits. 3. Power of Attorney owner can apply the funds of an account for the A power of attorney is a document signed by disabled co-owner without court action. This A payee is approved by the agency and there a competent person giving another person can involve the loss of sole control over the is no court involvement. The representative the power to manage some or all of his or her funds by the disabled person and can result in payees authority is limited to the govern- affairs. The document must be signed by a dishonest use of funds by the co-owner. ment funds for which he or she is the payee. notary in the presence of at least one witness. The following five alternatives do not need to be 5. Special Services for the Aging pla
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