Frequently Asked Questions

A guardianship establishes a relationship between the Guardian and the ward similar to that of a parent child relationship. A guardianship for a developmentally disabled person should promote and protect the well-being of the ward, as well as encourage the development of maximum self-reliance for the ward. The Guardian’s duties and responsibilities to the ward are determined by the Probate Court based on the needs and abilities of the individual with a developmental disability.  MCL 330.1602

Depending on the needs of the respondent, the Court may appoint a guardian over the estate and/or a guardian over the person. A guardian over the estate has authority to handle the financial affairs of that individual, while the guardian over the person has authority to make decisions regarding the care and well-being of an individual with a disability.

The guardian can be appointed as plenary or partial depending on the ward’s needs and abilities. If someone is appointed as plenary guardian, he/she has all the authority of a full guardian. MCL 330.1600(d). A partial guardian possesses fewer than all of the legal rights and powers of a plenary guardian. MCL 330.1600(e). and the appointment will be for a term not to exceed five years  MCL 330.1626(2). The partial guardian’s authority will be specifically listed on the Court Order and Letters of Guardianship. 

Additionally, the guardian can also be appointed on a temporary basis, if necessary for the welfare or protection of the individual with a developmental disability. If a temporary guardian is appointed, his/her duties will be specifically noted on the Court’s order and the letters of guardianship.  MCL 330.1607. Finally, the court can appoint a standby guardian, who can act upon the death, incapacity, resignation, or temporary absence of the guardian without a court proceeding. MCL 330.1640. 

The petition can be filed by the individual with a developmental disability or an interested person/entity, which includes an adult relative or friend, an official or representative of a public or private agency, corporation, or an association concerned with the individual’s welfare. MCL 330.1600(c).  

The proper venue for a guardianship petition is the county in which the individual resides or is found.   MCL 330.1600(b). 

The subject of the guardianship proceeding has a right to: 

Have a trial by jury; 

• Present evidence and cross-examine witnesses; 
• Have a hearing that is closed to the public; 
• Attend the hearing; 
• Request an independent evaluation.

MCL 330.1617

The Petitioner must attend the hearing or the petition will be dismissed. The petitioner must provide testimony and evidence establishing that the appointment of a guardian is necessary. The Court shall appoint a guardian if satisfied by clear and convincing evidence that the statutory grounds for appointment have been met.

The applicable statute, MCL 330.1612, requires that a report accompany the petition. If a report does not accompany the petition, the Court shall order the evaluations to be completed.  Among other requirements, the report must contain a description of the individual’s developmental disability, current evaluation of his/her condition, an opinion regarding the need for guardianship, and a recommendation regarding the most appropriate rehabilitation and living plan. The psychological tests/evaluations which the report are based upon must have been performed within the last year. *The individual who completed the report must testify in person at the court hearing. (This report will not be part of the public record.) 

If an emergency exists, the Judge of Probate may appoint a temporary guardian until a full hearing can be held. MCL 330.1607.  The petitioner should check box #14 on the petition and state, in detail, the nature of the emergency. The Court may hear the matter on an emergency basis. If so, the court will appoint an attorney and schedule an emergency hearing. If clear and convincing evidence establishes that it is necessary, the Court may appoint a temporary guardian, whose duties will be specifically listed in the court order. The hearing on the permanent guardianship will be set by the Court within 14 days.  

Any person or agency that the Court deems suitable can be appointed as the guardian, and the preference of Respondent will be considered by the Court.  MCL 330.1628.