Their presence at the hearing can be used to object to the petitioner to petition for guardianship themselves. When the petition is filed, a hearing is scheduled and notice must be given to all “interested persons,” that will have a stake in the petition or is related to the individual. If the petition is granted by the probate court, the guardian is granted legal authority and responsibility to make decisions for the incapacitated individual. When filing a petition, it is to your advantage to get the help of an attorney.

If there is no one meeting the criteria above that is willing to serve or are unsuitable, the judge may appoint a relative in order of priority. However, there are persons who will have priority for appointment as guardian, this includes: the guardian appointed in another state for this individual, a person nominated by this individual, the person nominated in this individual’s durable power of attorney, or a person nominated by this individual as a patient advocate in a Designation of Patient Advocate. Any person, concerned with the individual’s welfare may petition for the appointment as guardian of the incapacitated person.

This petition must outline the reason why a guardian is needed for an individual. The first step is to file a petition with the probate court. The probate court will appoint a person for the incapacitated individual to make necessary legal decisions. In Michigan, a guardianship proceeding takes place in the county’s probate court. If you are seeking guardianship of a loved one or a family member, there are certain procedures that you can expect to take place. I want guardianship over my family member or person. Michigan Guardianship Q & A (Questions & Answers) / FAQ (Frequently Asked Questions)

Michigan data guardian