Guardianship of an Adult
These are the basic instructions on what you will need to file regarding guardianship of an adult.
NOTE: ALL FORMS MUST BE TYPEWRITTEN OR PRINTED NEATLY IN BLUE OR BLACK INK ONLY
The Probate Code defines “Guardian” as having responsibility over the person (for medical decisions, placement decisions, etc.)
The Petition for Appointment and Report of Physician supporting the guardianship are filed with the Probate Court. The filing fee is $175.00 and is payable to the Monroe County Probate Court at the time of filing. If you feel that the ward is indigent, you may request a Request for Waiver of Fees form from our office. This can be submitted to determine if the filing fee can be waived. An Acceptance of Appointment is completed by the proposed Guardian and is also filed with the Court.
If you are requesting both guardian and conservator, the hearing can be a combined hearing on both petitions.
The Court will then appoint a Guardian ad Litem (GAL) to represent the interests of the person for whom you are requesting a guardian be appointed. The Guardian ad Litem interviews the person and files a written report.
The Court will do a Notice of Hearing noticing all interested parties of the hearing date.
If the Guardian ad Litem does not recommend the appointment of a guardian, it may be necessary to have the physician (and possibly other witnesses) appear to testify to support your request for the appointment of a guardian.
THE PETITIONER MUST APPEAR AT THE HEARING AND TESTIFY TO THE FACTS INCLUDED IN THE PETITION(S).
Letters of Guardianship are proof of appointment. They are used to admit the person to a facility, obtain medical treatment, etc. You will be provided with one free copy of your Letters of Guardianship. Certified copies are $12.00 each.
Each year on the anniversary date of the appointment, the Guardian must file a Report on Condition of Legally Incapacitated Person with the Probate Court. You should mark your calendar.
TYPES OF GUARDIANSHIP
Full Guardian of a Legally Incapacitated Individual - This guardian has the care and control of the adult much as a parent would have over their child.
Limited Guardian of a Legally Incapacitated Individual - A guardian of an adult who possesses fewer than all of the legal rights and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by court order.
Guardian Ad Litem - This is not a guardian in the usual sense. Guardian ad litem is appointed to represent the interest of a party in a proceeding before the court where that party is unable to adequately represent them self. The guardian ad litem may make a recommendation to the court based upon what they believe to be in the best interest of the party they represent. They have no authority to make decisions for the party they represent and should not be confused with a guardian.
Guardian of the Person - This is the guardian of a developmentally disabled person. Such guardians are appointed under provisions of the Mental Health Code rather than the Probate Code. This guardian has the care and control of the developmentally disabled person (formerly referred to as a mentally retarded adult) much as a parent would have over their child.
Guardian of the Estate -- This guardian has the same duties and responsibilities as a conservator except the ward is a developmentally disabled person. This guardian is appointed under the Mental Health Code rather than the Probate Code.
Plenary Guardian - This is a guardian of a developmentally disabled person who possesses the legal rights and powers of a full guardian of the person, or of the estate, or both.
Partial Guardian - This is a guardian of a developmentally disabled person who possesses fewer than all the legal rights and powers of a plenary guardian, and whose rights, powers, and duties have been specifically enumerated by court order.
Temporary Guardian - This guardian is appointed for a temporary period of time pending a full guardianship hearing or when the appointed guardian is not performing his or her duties. A temporary guardian can only do those things which are specifically authorized by the appointing court.