Michigan Adult Guardianship (EPIC) Petition + Letters of Authority Package

MICHIGAN ADULT GUARDIANSHIP (EPIC) — PETITION, NOTICES, AND LETTERS OF AUTHORITY PACKAGE

PART 1 — PRE-PETITION CHECKLIST (Counsel Worksheet — NOT FILED)

☐ Confirm individual is age 18+ and resides or is present in filing county (MCL § 700.5302)
☐ Determine if "legally incapacitated individual" (LII) under MCL § 700.1105(a): individual other than a minor who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs/alcohol, etc., to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions
☐ Less restrictive alternative analysis (court must find guardianship is the LEAST restrictive means — MCL § 700.5306(2)):
☐ Durable Power of Attorney (MCL 556.201 to 556.505)
☐ Patient Advocate Designation (MCL § 700.5506 et seq.) — IMPORTANT: court cannot grant guardian powers already held by valid patient advocate (§ 700.5306(4))
☐ Representative payee
☐ Supported decision-making
☐ Trust
☐ Joint accounts
☐ Adult Protective Services (DHHS APS)
☐ Determine type: Guardian (person) / Conservator (estate) / Both / Limited / Plenary
☐ Identify priority of proposed guardian under MCL § 700.5313 (LII's prior nomination; spouse; adult child; parent; etc.)
☐ Obtain certified medical/psychological documentation
☐ Identify interested persons under MCR 5.125 (spouse, presumptive heirs, person with whom LII resides)
☐ Determine bond amount (for conservator — MCL § 700.5410)
☐ Standby guardian under MCL § 700.5301 considered?
☐ Filing fee per current Michigan court schedule

PART 2 — PETITION FOR APPOINTMENT OF GUARDIAN OF INCAPACITATED INDIVIDUAL (SCAO FORM PC 625 EQUIVALENT)

STATE OF MICHIGAN
PROBATE COURT — COUNTY OF [______________________]

PETITION FOR APPOINTMENT OF [☐ FULL] [☐ LIMITED] GUARDIAN OF AN ALLEGED INCAPACITATED INDIVIDUAL

Petitioner respectfully states:

1. Petitioner.

2. Individual (Proposed Ward).

3. Jurisdiction and Venue (MCL § 700.5302). Individual resides or is present in [____________________] County, Michigan.

4. Incapacity. Individual is a legally incapacitated individual within MCL § 700.1105(a) because:

☐ Mental illness
☐ Mental deficiency / developmental disability
☐ Physical illness or disability
☐ Chronic use of drugs
☐ Chronic intoxication
☐ Other cause: [______________________]

Specific condition(s) / diagnosis: [______________________]
Recent examples of impaired decision-making: [______________________]
Date the incapacity arose / was discovered: [__/__/____]

5. Necessity / Least Restrictive Alternative (MCL § 700.5306(2)). Appointment of a guardian is necessary as a means of providing continuing care and supervision because: [______________________]

The following less restrictive alternatives have been considered and are not adequate:

☐ NOTE: Per MCL § 700.5306(4), the Court cannot grant powers already held by a valid patient advocate.

6. Existing Patient Advocate / POA. [☐ None known] [☐ Patient Advocate Designation in effect — attached as Exhibit 1] [☐ Durable POA in effect — attached as Exhibit 2]

7. Proposed Guardian.

8. Powers Requested. Petitioner requests appointment of:

☐ Full guardian — all powers under MCL § 700.5314
☐ Limited guardian — specific powers only:
☐ Establish place of residence (in or outside Michigan)
☐ Consent to medical and mental health care (NOT including inpatient psychiatric admission absent express grant per § 700.5314(c))
☐ Consent to inpatient psychiatric hospitalization (express grant required)
☐ Apply for public benefits
☐ Make end-of-life decisions / DNR (§ 700.5314(d))
☐ Execute POST form (§ 700.5314(g))
☐ Execute nonopioid directive (§ 700.5314(f))
☐ Other: [______________________]

9. Standby Guardian. [☐ Not requested] [☐ Requested: [______________________]]

10. Interested Persons (MCR 5.125). Listed on Schedule A.

11. Need for Independent Evaluation. [☐ Petitioner has obtained a report from a physician or mental health professional, attached as Exhibit 3] [☐ Petitioner requests that the Court appoint an independent evaluator at public expense per MCL § 700.5304(2)].

WHEREFORE, Petitioner requests the Court:

A. Set a hearing under MCL § 700.5304;
B. Appoint a Guardian Ad Litem under MCL § 700.5305;
C. Provide notice of the petition and hearing as required by MCL § 700.5311 and MCR 5.125;
D. Find by clear and convincing evidence that Individual is incapacitated and that guardianship is necessary;
E. Appoint [______________________] as [☐ full] [☐ limited] Guardian of Individual;
F. Issue Letters of Guardianship.

Petitioner declares that statements above are true to the best of his/her information, knowledge, and belief.

Submitted by: [______________________], Attorney for Petitioner; P[____________________]

PART 3 — SCHEDULE A: INTERESTED PERSONS LIST (MCR 5.125)

PART 4 — NOTICE OF HEARING WITH STATEMENT OF RIGHTS (MCL §§ 700.5304, 700.5306a, 700.5311)

TO: [INDIVIDUAL FULL LEGAL NAME]

A PETITION HAS BEEN FILED ASKING THE PROBATE COURT TO FIND THAT YOU ARE LEGALLY INCAPACITATED AND TO APPOINT A GUARDIAN OVER YOU.

A hearing will be held:

YOUR RIGHTS UNDER MICHIGAN LAW (MCL § 700.5306a)

1. Right to be present at the hearing and to have all practical steps taken to ensure this, including moving the hearing site if needed (§ 700.5304).
2. Right to legal counsel of your own choice (§ 700.5303, 700.5304, 700.5305).
3. Right to a Guardian Ad Litem if you are not represented by counsel (§ 700.5303).
4. Right to an independent evaluation of your capacity by a physician or mental health professional, at public expense if you are indigent (§ 700.5304(2)).
5. Right to see or hear all evidence presented at the hearing (§ 700.5304).
6. Right to present evidence and cross-examine witnesses (§ 700.5304).
7. Right to a TRIAL BY JURY on the petition (§ 700.5304).
8. Right to a CLOSED HEARING (§ 700.5304).
9. Right to require that incapacity and need for guardian be proven by CLEAR AND CONVINCING EVIDENCE (§ 700.5306).
10. Right to a guardianship limited to only the powers and time necessary (§ 700.5306).
11. Right to prevent the grant of powers already held by a valid Patient Advocate (§ 700.5306(4)).
12. Right to petition on your own behalf for appointment of a guardian (§ 700.5303).
13. Right to be informed of the name of each person seeking appointment.
14. Right to nominate the guardian of your choice — Court must give priority to your nomination (§ 700.5313).
15. Right to seek modification or termination of guardianship at any time by informal letter to the judge; hearing within 28 days (§ 700.5310).
16. Right to periodic review of the guardianship by the Court (§ 700.5309).

EFFECT OF ADJUDICATION

If the Court appoints a guardian, you may lose the right to make decisions about where you live, your medical care, your daily activities, and other aspects of your personal welfare, to the extent stated in the Court's order. You retain all rights not specifically granted to the guardian.

PART 5 — NOTICE TO INTERESTED PERSONS (MCR 5.125; MCL § 700.5311)

TO: ALL PERSONS LISTED ON SCHEDULE A

You are notified that a Petition for Appointment of Guardian for [INDIVIDUAL NAME] has been filed in the Probate Court of [____________________] County. A hearing is scheduled for [__/__/____] at [____:____] [☐ a.m.] [☐ p.m.]. You may attend, file objections, and participate.

PART 6 — ORDER APPOINTING GUARDIAN AD LITEM (MCL § 700.5305)

The Court, pursuant to MCL § 700.5305, appoints [______________________], Esq. (P[__________]), as Guardian Ad Litem and ORDERS the GAL to:

1. Personally visit the individual (§ 700.5305(1)(b));
2. Explain to the individual the nature, purpose, and legal effects of a guardian's appointment;
3. Explain to the individual his/her rights in the hearing process;
4. Inform the individual of the right to contest the petition, to request limits on the guardian's powers, to object to a particular person being appointed, to be present at the hearing, to be represented by legal counsel, and to have counsel appointed if unable to afford counsel;
5. Inform the individual of the names of all persons known to be seeking appointment;
6. Make a determination as to whether a request for a jury trial or independent evaluation should be made;
7. File a written report with the Court before the hearing;
8. Recommend whether guardianship is necessary and, if so, in what form.

PART 7 — INDEPENDENT EVALUATION / MEDICAL REPORT (MCL § 700.5304(2))

Evaluator: [______________________]
Credentials: ☐ Physician ☐ Mental Health Professional
License No.: [______________________]
Examination Date: [__/__/____]

1. Diagnosis(es): [______________________]
2. Functional capacity findings:
☐ Capacity to consent to medical treatment: [______________________]
☐ Capacity to choose residence: [______________________]
☐ Capacity for activities of daily living: [______________________]
☐ Communication capacity: [______________________]
3. Cause of incapacity: [______________________]
4. Prognosis: [______________________]
5. Recommended scope of guardianship: ☐ None ☐ Limited (specify powers) ☐ Full
6. Less restrictive alternatives assessment: [______________________]

PART 8 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS

Pursuant to MCL § 700.5306(2)–(4), Petitioner submits:

A. Functional Domains and Need for Substitute Decision-Making:

1. Medical / health care: [______________________]
2. Residential: [______________________]
3. Personal care / ADLs: [______________________]
4. End-of-life decisions: [______________________]
5. Public benefits / financial routine: [______________________] (if no conservator)

B. Existing Patient Advocate Designation? ☐ No ☐ Yes — describe scope and why insufficient: [______________________]

C. Existing Durable POA? ☐ No ☐ Yes — scope and adequacy: [______________________]

D. Powers RESERVED to Individual: [______________________]

PART 9 — ACCEPTANCE OF APPOINTMENT AND BOND (Conservator only — MCL § 700.5410)

ACCEPTANCE OF APPOINTMENT

I, [______________________], hereby accept appointment as [☐ Guardian] [☐ Conservator] of [INDIVIDUAL NAME] and acknowledge the duties imposed by MCL §§ 700.5314, 700.5317, and applicable Michigan Court Rules.

BOND (Conservator):

PART 10 — NOTICE OF HEARING (Republication if continued)

PART 11 — ORDER APPOINTING GUARDIAN OF LEGALLY INCAPACITATED INDIVIDUAL

The petition having been heard on [__/__/____]; the individual [☐ being present] [☐ being represented by counsel] [☐ being represented by Guardian Ad Litem]; the Court having considered the Petition, GAL report, evaluation report, and evidence;

THE COURT FINDS by clear and convincing evidence:

1. [INDIVIDUAL NAME] is a legally incapacitated individual under MCL § 700.1105(a).
2. The appointment is necessary as a means of providing continuing care and supervision (MCL § 700.5306(2)).
3. No less restrictive alternative is adequate to meet the individual's needs.
4. [______________________] is suitable to serve and has priority or good cause exists to depart from priority under MCL § 700.5313.

IT IS ORDERED:

A. [______________________] is appointed [☐ Full] [☐ Limited] Guardian of [INDIVIDUAL NAME].
B. Powers Granted (MCL § 700.5314):
☐ Custody and place of residence (in or outside Michigan); visit within 3 months of appointment and at least every 3 months thereafter
☐ Provide for care, comfort, and maintenance
☐ Consent to routine medical, mental health, and other professional care
☐ EXPRESS GRANT: Consent to inpatient psychiatric hospitalization (§ 700.5314(c))
☐ Execute DNR order subject to § 700.5314(d) consultation requirements
☐ Execute POST form per § 700.5314(g)
☐ Execute / revoke nonopioid directive (§ 700.5314(f))
☐ Apply for public benefits
☐ Other: [______________________]
C. Powers RESERVED to Individual: [______________________]
D. Duration: ☐ Indefinite ☐ Limited to: [______________________]
E. Letters of Guardianship shall issue upon Acceptance of Appointment.
F. Guardian shall visit the ward within 3 months of appointment and at least every 3 months thereafter (§ 700.5314(a)).
G. Guardian shall file an Annual Report on the Condition of the Legally Incapacitated Individual (SCAO Form PC 634) per § 700.5317 and MCR 5.409(A).
H. Guardian shall notify the Court within 14 days of any change in the ward's or guardian's residence (§ 700.5314(a)).

PART 12 — LETTERS OF GUARDIANSHIP / LETTERS OF AUTHORITY

LETTERS OF GUARDIANSHIP — LEGALLY INCAPACITATED INDIVIDUAL

STATE OF MICHIGAN — PROBATE COURT, COUNTY OF [______________________]

These Letters certify that [______________________] was appointed [☐ Full] [☐ Limited] Guardian of [INDIVIDUAL NAME], a legally incapacitated individual, on [__/__/____] by Order of the Probate Court, File No. [______________________], and is authorized to exercise the powers granted in the Order of Appointment.

Limitations: [______________________]
Expiration / Review Date: [__/__/____]

If a conservator is also appointed, separate Letters of Conservatorship (PC 580) shall issue.

PART 13 — INITIAL INVENTORY AND ANNUAL REPORT REFERENCE

Conservator's Initial Inventory (MCL § 700.5417; SCAO Form PC 674): Due within 56 days of appointment; itemizes all real and personal property and fair market value as of date of appointment.

Conservator's Annual Account (MCL § 700.5418; SCAO Form PC 583/584): Due annually; itemizes all receipts, disbursements, and asset balances.

Annual Report of Guardian on Condition of Legally Incapacitated Individual (MCL § 700.5317; SCAO Form PC 634; MCR 5.409(A)):

• Required yearly; served on ward and all interested persons; filed with proof of service (PC 564)
• Reports on present age, living arrangement, physical health, DNR/POST/nonopioid directive activity, mental health, social activities, visits by guardian, activities performed, consultation with ward, unmet needs, and whether guardianship should continue
• Failure to file may result in show cause and removal proceedings

Visits. Guardian must visit ward within 3 months of appointment and at least every 3 months thereafter (§ 700.5314(a)).

Change of Residence. Guardian must notify Court within 14 days of any change in ward's or guardian's residence (§ 700.5314(a)).

SOURCES AND REFERENCES

• MCL § 700.5301 et seq. (EPIC — Guardianship of Incapacitated Individual)
• MCL § 700.5401 et seq. (EPIC — Conservatorship)
• MCL § 700.5306a (Statement of Rights)
• MCR 5.404, 5.408, 5.409 (Probate court rules)
• SCAO Forms PC 625 (Petition for Guardian), PC 634 (Annual Report), PC 670 (Petition for Conservator), PC 674 (Inventory), PC 583/584 (Account), PC 564 (Proof of Service)
• Michigan Probate and Estate Planning Section, State Bar of Michigan
• ICLE Michigan Guardianship and Conservatorship Handbook
• MCL 556.201 to 556.505 (Uniform Power of Attorney Act)
• MCL § 700.5506 et seq. (Patient Advocate Designation)

END OF MICHIGAN ADULT GUARDIANSHIP (EPIC) PACKAGE