Notice Of Right To Request Dismissal of Guardian Or Modification Of Guardianship Order {PC 661}

Approved, SCAO OSM CODE: NDP STATE OF MICHIGAN NOTICE OF RIGHT TO REQUEST FILE NO. PROBATE COURT COUNTY DISMISSAL OF GUARDIAN OR CIRCUIT COURT - FAMILY DIVISION MODIFICATION OF GUARDIANSHIP ORDER In the matter of , an individual with a developmental disabilityTO: 1. You or any person helping you may tell this court at any time that: a) you do not want a guardian any more; b) you want a different guardian; or c) you want the court to change what your guardian is allowed to do. 2. You, or any person helping you, may tell the court what you want in a letter, in a telephone call, or in any other way. 3. Your guardian may be discharged or have his or her duties modified when your capacity to perform the tasks necessary for care of yourself or the management of your estate have changed so as to warrant modification or discharge. You, your guardian, or any interested person on your behalf may petition the court for a discharge or modification order. 4. If you make a request to modify or terminate the guardianship, it may be communicated to the court by any means, including oral communication or informal letter. After receiving the communication, the court will appoint a suitable person to prepare and file with the court a petition reflecting the communication. 5. After receiving a petition, the court will conduct a hearing. At the hearing, you will have all the following rights. a. A right to be represented by an attorney. b. Unless an appearance has been entered on your behalf, the court, within 48 hours after receiving a petition will appoint an attorney to represent you. c. You may demand that a jury decide any issue of fact. The jury will consist of 6 persons. d. You may present evidence and confront and cross-examine all witnesses. e. To have the hearing closed to the public if you or your attorney requests it. f. You must be present at all court proceedings. Your presence may be excused by the court only on a showing, supported by an affidavit signed by a physician or psychologist who has recently examined you, that your attendance would subject you to serious risk of physical or emotional harm. g. You have the right to have an independent evaluation at your own expense. If you cannot afford it, the evaluation will be paid for by the state. 6. After the hearing, the court will enter a written order stating the factual basis for its findings and may do any of the following: a) dismiss the petition; b) remove the guardian and end the guardianship; c) remove the guardian and appoint a successor guardian; d) modify the original guardianship order; and e) make any other order it considers appropriate and in your interests. PROOF OF SERVICE I certify that on this date a copy of this notice was personally served on Name and that I made a reasonable effort to verbally inform the individual of the rights to request dismissal or modification of his orher guardianship order at a later date. Date Signature of server Do not write below this line - For court use only MCL 330.1634; MSA 14.800(634), MCL 330.1637; MSA 14.800(637)PC 661 (9/00) NOTICE OF RIGHT TO REQUEST DISMISSAL OF GUARDIAN OR MODIFICATION OF GUARDIANSHIP ORDER