How are guardians and conservators appointed?
A guardian or conservator may be appointed by a Probate Judge after a petition is filed in the Probate Court. The petition may be filed by anyone interested in the well being of the minor, except that one type of guardianship (limited) may only be requested by a parent having custody or by both parents if both parents have custody. For a limited guardianship, the Court must approve a placement plan for the minor, including how long the guardianship is to last. When the petition is filed, a hearing will be scheduled as soon as possible (in some emergency cases, it may be possible to obtain an immediate temporary guardian before the hearing). The person who files the petition has the responsibility to properly notify the persons who have a right to know about the hearing. IN GUARDIANSHIP CASES, IF A PARTY IS INCARCERATED UNDER THE JURISDICTION OF THE MICHIGAN DEPARTMENT OF CORRECTIONS, THEIR NAME, ADDRESS, AND PRISONER NUMBER MUST BE LISTED ON THE PETITION.
• A Petition is filed with the District Court in the county in which the alleged incapacitated person lives. In Denver, it is filed with the Probate Court. A petition can be initiated by any interested person or agency. • There is a $164 filing fee which is payable when the petition is filed. There is also a fee for the court visitor. In most counties, the Visitor’s Fee is around $25/hour. In Denver, there is a flat fee of $75.00 for the Court Visitor. If appropriate, the court may waive the fees based on the respondent’s and petitioner’s inabilities to pay as described in an Affidavit of Support of Petition to Proceed In Forma Pauperis. • In a petition for guardianship, medical information must be attached to the petition to support the need for guardianship. This can be a letter or report resulting from a professional evaluation by a physician, psychologist, or other individual qualified to evaluate the respondent’s alleged impairment. If not submitted with the petition, the court ma
A guardian or conservator may be appointed by a Probate Judge after a petition is filed in the Probate Court. The petition may be filed by anyone interested in the well being of the minor, except that one type of guardianship (limited) may only be requested by a parent having custody or by both parents if both parents have custody. For a limited guardianship, the court must approve a placement plan for the minor, including how long the guardianship is to last. When the petition is filed, a hearing will be scheduled as soon as possible (in some emergency cases, it may be possible to obtain an immediate temporary guardian before the hearing). The person who files the petition has the responsibility to properly notify the persons who have a right to know about the hearing. IN GUARDIANSHIP CASES, IF A PARTY IS INCARCERATED UNDER THE JURISDICTION OF THE MICHIGAN DEPARTMENT OF CORRECTIONS, THEIR NAME, ADDRESS, AND PRISONER NUMBER MUST BE LISTED ON THE PETITION. TO OBTAIN THIS INFORMATION, CA
