The petitioner must deliver copies of the petition to certain people before the hearing date. The probate court clerk schedules a hearing date for a judge to consider the petition. The person that files the petition is known as the 'petitioner.' The petition states details about why a guardian is needed. The incapacitated individual, or a person interested in the welfare of the incapacitated individual, may file the petition. Who Can File a Petition for Guardianship? The petition must be filed in the probate court in the county where the individual lives or is located.

To make a request to the court, a concerned person must file a request on a legal document called a petition. ContentsĪ 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.

The following information does not address that type of guardianship. 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. 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. One person can be both the guardian and the conservator for an incapacitated adult. A conservator takes care of an incapacitated adult's property (see Conservatorship). A guardian takes care of an incapacitated adult's personal needs. If the incapacitated person has a Durable Power of Attorney or a Designation of Patient Advocate, then a guardian and/or conservator may not be necessary. A person who loses this ability is called 'incapacitated.' When an incapacitated person lacks the understanding or ability to make or communicate informed decisions, the individual may need the help of a guardian or conservator. The following explains Michigan guardianship for a formerly competent adult who loses the ability to take care of him or her self properly. Provided by the Probate & Estate Planning Section of the State Bar of Michigan

Michigan data guardian