• Background

Probate / Family Court

Probate / Family Court

ADULT GUARDIANSHIPS

 

Guardianships for Developmentally Disabled (DD) Individuals

Filing Fee:  None

Guardianship for individuals with developmental disability are utilized to promote and protect the well-being of the individual, including protection from neglect, exploitation, and abuse, and are designed to encourage the development of maximum self-reliance and independence in the individual. MCL § 330.1602(1). To successfully commence a DD guardianship proceeding, the petitioner must establish that the individual for whom guardianship is sought is developmentally disabled. For children up to age five, a developmental disability is defined as a substantial developmental delay or specific congenital or acquired condition with a high probability of resulting in developmental disability if services are not provided. MCL § 330.1100a(25).

 For individuals more than five years old, developmental disability is defined as a severe chronic condition that meets all of the following requirements:   

  • Is attributable to a mental or physical impairment or a combination of mental and physical impairments.
  • Is manifested before the individual is 22 years old.
  • Is likely to continue indefinitely.
  • Results in substantial functional limitations in 3 or more of the following areas of major life activity:
    • Self-care.
    • Receptive and expressive language.
    • Learning.
    • Mobility.
    • Self-direction.
    • Capacity for independent living.
    • Economic self-sufficiency.
  • Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. MCL § 330.1100a(25). 

 Once a petition for DD guardianship is filed, the Court will appoint an attorney to represent the individual for whom guardianship is sought, if he or she has not already retained an attorney. Below are the forms necessary to commence DD guardianship proceedings. Once you have completed the forms, you may file them in person or mail them to the court. There is no filing fee associated with filing a petition for DD guardianship, but the petition must be accompanied by a report containing a current evaluation (performed within the last year) by a licensed psychologist who is competent to consider the individual’s mental, physical, social and educational condition, adaptive behavior, and social skills. MCL § 330.1612.


Click here to download a petition for appointment of a guardian, with an alleged developmental disability.

Guardianships for Legally Incapacitated Individuals (LIIs)

Filing Fee:  $175

To successfully commence legally incapacitated individual guardianship proceedings, the petitioner must show by clear and convincing evidence that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual. MCL § 700.5306(1).

An “incapacitated individual” is defined as someone who is impaired by reason of:
  1. Mental illness
  2. Mental deficiency
  3. Physical illness or disability
  4. Chronic use of drugs
  5. Chronic intoxication, or 
  6. Another cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. MCL § 700.1105(a). 
When a petition for a legally incapacitated adult guardianship (Lii) is filed the Court appoints a guardian ad litem to conduct an investigation of the proposed guardianship and file a written report of the investigation. Payment of the guardian ad litem fees are the responsibility of the petitioner, unless otherwise prearranged with the Monroe County Probate. Fees for this service typically range between $150.00 to $200.00. Below are the forms necessary to commence Lii guardianship proceedings. Once you have completed the forms, you may file them in person or mail them to the court. 

CLICK HERE to download a petition for appointment of a guardian for a person who is alleged to be a legally incapacitated individual.