Legally Incapacitated Adult

Legally Incapacitated Adult

An Adult is considered a Legally Incapacitated Individual (LII) 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;

•    Mental Illness

•    Mental deficiency

•    Physical Illness

•    Physical Disability

•    Chronic use of drugs

•    Chronic intoxication

•    Other

A prospective Guardian may be nominated by a Petition filed with Probate Court or named in a will. Any person concerned about the welfare of the LII, including the LII themselves.

What you need to know before filing a petition to appoint a guardian for an incapacitated adult. Please review the attached pamphlet PC666 which provides information on guardianships and on their alternatives.

INITIALLY: $175.00 FILING FEE

PC625 Petition for Appointment of Guardian of Incapacitated Individual – Instructions for completion are included

MC97 Personal Identifying Information will also need to be filed to complete the Petition. This document is confidential and for court use only.

PC626 Notice of Rights to Alleged Incapacitated Individual – to be given to Incapacitated individual

DHS-1929 Central Registry Clearance Request – Complete and deliver to Clinton County DHS office (one for each guardian)

Guardian Proof of Identity – Complete and provide a copy of driver’s license (one for each guardian)

PC630 Report of Physician or Mental Health Professional

PC563 Publication of Notice of Hearing & PC617 Declaration of Intent to Give Notice by Publication – Only needed if last known address of interested parties is unknown.

Once you file your petition, a Guardian Ad Litem will be appointed to visit the proposed ward, gather information about the proposed guardian, draft a report and make recommendations to the judge at the hearing.

AFTER HEARING

PC571 Acceptance of Appointment – court will provide

MC97A Addendum to Personal Identifying Information is needed to complete the Acceptance of Appointment

Notice of Duties for Guardianship Legally Incapacitated Individual – court will provide

PC633 Letters of Guardianship - $12 for each certified copy

PC631 Order Regarding Appointment of Guardian of Incapacitated Individual

DUE ANNUALLY DURING ADMINISTRATION*

PC634 Annual Report Of Guardian On Condition Of Legally Incapacitated Individual

PC564 Proof of Service

Please note that Clinton County Probate Court is prohibited by law from giving legal advice on any of the above proceedings other than to answer your specific questions regarding filing requirements. You should consult with an attorney if you have specific legal questions regarding which method of administration to use given your specific circumstances. MCL 700.1211.

*Clinton County does not send out reminders of upcoming due dates, or bills for fees.