These are the basic instructions on what you will need to file regarding guardianship of an adult. At the bottom of this instruction page will be a list of forms that are required to file for guardianship.
NOTE: ALL FORMS MUST BE TYPEWRITTEN OR PRINTED NEATLY IN BLUE OR BLACK INK ONLY
The Probate Code defines “Guardian” as having responsibility over the person (for medical decisions, placement decisions, etc.)
The Petition For Appointment and Report of Physician supporting the guardianship are filed with the Probate Court. The filing fee is $162.00 and is payable to the Antrim County Probate Court at the time of filing. If you feel that the ward is indigent, you may request a Financial Statement from our office. This can be submitted to determine if the filing fee can be waived. An Acceptance of Appointment is completed by the proposed Guardian and is also filed with the Court. The Court does recommend that a Stand-By guardian also be appointed.
If you are requesting both guardian and conservator, the hearing can be a combined hearing on both Petitions.
The Court will then appoint a Guardian ad Litem to represent the interests of the person for whom you are requesting a Guardian be appointed. The Guardian ad Litem interviews the person and files a written report.
The Court will do a Notice of Hearing noticing all interested parties of the hearing date.
If the Guardian ad Litem does not recommend the appointment of a guardian, it may be necessary to have the physician (and possibly other witnesses) appear to testify to support your request for the appointment of a guardian.
THE PETITIONER MUST APPEAR AT THE HEARING AND TESTIFY TO THE FACTS INCLUDED IN THE PETITION(S).
Letters of Guardianship are proof of appointment. They are used to admit the person to a facility, obtain medical treatment, etc. You will be provided with one free certified copy (with the Court seal) of your Letters of Guardianship. Additional certified copies are $12.00 each.
Each year on the anniversary date of the appointment, the Guardian must file a Report on Condition of Legally Incapacitated Person with the Probate Court. You should mark your calendar.