The following explains Michigan guardianship for a formerly competent adult who loses the ability to take care of him or her self properly.
A person who loses this ability is called "incapacitated. A guardian takes care of an incapacitated adult's personal needs. A conservator takes care of an incapacitated adult's property see Conservatorship. One person can be both the guardian and the conservator for an incapacitated adult. A guardianship or conservatorship will limit an incapacitated adult's legal right to handle his or her own matters and can cost the incapacitated adult time and money.
If an individual has a disabling condition that began before the age of 22, and the condition is likely to continue indefinitely, then a guardian is appointed under a different set of laws. The following information does not address that type of guardianship. A guardian is appointed by the probate court at the request of a concerned person petitioner and after a hearing is held to consider the request.
To make a request to the court, a concerned person must file a request on a legal document called a petition. Where is the Petition Filed? The petition must be filed in the probate court in the county where the individual lives or is located. Who Can File a Petition for Guardianship? The incapacitated individual, or a person interested in the welfare of the incapacitated individual, may file the petition. The petition states details about why a guardian is needed. The person that files the petition is known as the "petitioner.
What Happens Next? The probate court clerk schedules a hearing date for a judge to consider the petition. The petitioner must deliver copies of the petition to certain people before the hearing date. Michigan Court Rules require that this be done in a certain way. The court will appoint a guardian ad litem to represent the incapacitated individual, unless the individual has his or her own attorney.
