GUARDIANSHIPS FOR THE DEVELOPMENTALLY DISABLED
NOTICE TO ALL PERSONS ASKING FOR GUARDIANSHIP OF AN INDIVIDUAL WITH DEVELOPMENTAL DISABILITY
Please read this packet before proceeding.
Your petition will NOT be accepted if it is not completed properly.
As the petitioner (the person asking for guardianship), it is your duty by law to serve a copy of the petition and notice of hearing personally on the respondent (developmentally disabled person).
The information in this packet is not intended to be legal advice. It is a brief explanation of the basic procedure that are required to obtain a guardianship for an individual with alleged developmental disability and it is not meant to teach you the law.
You are not required to have an attorney; however, the court cannot act as your attorney. Probate Court personnel cannot give legal advice about your particular situation or help you complete your petition.
The information contained here is the ONLY information court personnel can give you about this procedure.
PROBATE COURT INVOLVEMENT
The Probate Court will be involved in the appointment of a guardian and will appoint an attorney for the respondent. Community Mental Health will assist you in obtaining an evaluation of the alleged developmentally disabled person, and the evaluator will attend the court hearing to testify regarding the results of the evaluation.
HOW TO BECOME A GUARDIAN
Petition for Appointment of Guardian, Individual with Alleged Developmental Disability
To become a guardian you must:
– File a completed Petition for Appointment of Guardian, Individual with Alleged Developmental Disability. There are no filing fees to file the petition.
– A psychological evaluation must be completed and filed with the petition. Community Mental Health will assist you in obtaining the psychological evaluation.
– The person who needs a guardian must be residing in Ionia County and be at least 18 years old.
– The death certificate of either parent (if applicable) needs to be included with the petition.
It is the practice of Ionia County Probate Court that Community Mental Health will assist you when filing the petition, obtain the psychological evaluation, scheduling the hearing, and serving all the appropriate paperwork. They will appear at court and may testify at the hearing.
Notice of Hearing
At the hearing, the following is necessary:
– The alleged developmentally disabled person must appear at the hearing unless you’ve obtained and filed with the court a Waiver of Attendance signed by a physician.
– The proposed guardian and proposed standby guardian must appear at the hearing.
– The petitioner must appear at the hearing and offer testimony regarding why he/she feels a guardian is necessary.
– If a guardian is appointed, he/she must sign an Acceptance of Appointment that day after the hearing.