If an emergency exists, the Court may appoint a Temporary Guardian at a hearing following shorter than normally required notice. The Guardian and/or Limited Guardian cannot act until the Court issues Letters of Authority and/or Letters of Guardianship.The Guardian and/or Limited Guardian must file an Acceptance of Appointment or a bond, as required by the Court.The Court will appoint a Guardian and/or Limited Guardian only to the extent necessary, and only when satisfied that such an appointment will serve the best interest of the individual.The petitioner must attend unless otherwise directed by the Court. The Court will conduct a hearing to determine whether appointing a Guardian and or Limited Guardian is in the best interest of the individual. The Court will appoint legal counsel if the Guardian Ad Litem determines it is in the best interest of the alleged LII or if the alleged LII wishes to contest the petition, limit the Guardian's powers, or object to a particular person being appointed Guardian.A Guardian Ad Litem will be appointed to protect the interests of the alleged LII.The case may be dismissed and/or adjourned if the proper persons have not been served, or if the Proof of Service was not filed.The petitioner must file a Proof of Service of the Petition and Notice of Hearing with the Court prior to the hearing (preferably filed seven days before the hearing).The petitioner (the person who signs the petition) must serve a Notice of Hearing and a copy of the Petition on the alleged LII and all other interested person.A hearing date will be set in approximately five weeks.Petitions must be filed by 4pm for same-day processing.Īfter the petition for Guardianship is filed.The office is open Monday through Friday, from 8am until 4:30pm.There is a $175 filing fee for guardianships.Petitions and other forms are available at the court website ( probate court packets) or at the counter in the Probate Court.The Macomb County Probate Court : 40 North Main St. Persons that may petition the Court for a Guardianship include the alleged LII, or any person who is interested in the welfare of the alleged LII.Ī guardianship for an alleged LII may be initiated in Macomb County Probate Court if the alleged LII resides or is present in Macomb County. A prospective Guardian may be nominated by petition (filed with the Probate Court) or may be named in a will.Ī Guardian is needed when the individual lacks sufficient understanding or capacity to make or communicate informed decisions about his or her personal well being because of impairment by reason of either: The Guardian has the same powers and duties over that LII as parents have over their children. THE PETITIONERS AND/OR GUARDIAN/CONSERVATOR MUST MAKE THOSE ARRANGEMENTS DIRECTLY WITH THE PUBLIC TRANSPORTATION ORGANIZATIONS (SMART, MEDSTAR, ETC.)Ī Guardian is a person who is given Probate Court authority to be responsible for the personal and physical well being of an adult who is called a Legally Incapacitated Individual (LII). Roth-Gutman Law is not responsible and does not endorse those organizations.► NOTICE: THE PROBATE COURT DOES NOT PROVIDE TRANSPORTATION FOR ALLEGED INCAPACITATED INDIVIDUALS FOR SCHEDULED HEARINGS. This website may contain links that are controlled by other organizations. Nothing on this website should be interpreted as engaging in, or offering to engage in, any activities in any jurisdiction where those activities would constitute the unauthorized practice or law or would other be improper. Jill Roth-Gutman is licensed to practice law in the State of New Jersey only. Clients or otherwise should not act or refrain from acting on the basis of any content included on this site without seeking the appropriate legal advice from a licensed attorney in your state or jurisdiction. The information on this site may not reflect current legal developments and is provided without knowing the reader’s specific case, circumstances, situation and identity. No attorney-client relationship is created through your use of this site or your receipt of these materials. Information and materials on this website are for general information only, is not intended to and does not constitute legal advice, opinion or a solicitation for the formation of an attorney-client relationship.
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