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Developmentally Disabled GuardianshipsBefore petitioning the Court for Guardianship see "Alternatives to Guardianship". If after reviewing the alternatives, you feel the need for a guardian still exists, you may Petition the Court. Use form PC658 and follow the instructions for completing "Petition for Appointment of Guardian, Individual with Alleged Developmental Disability".
In addition to the Petition, form PC659, "Report to Accompany Petition to Appoint, Modify or Discharge Guardian of Individual with Developmental Disability", must also be filed. If one is not filed the Court shall order appropriate evaluations to be performed by qualified individuals.
The proposed guardian must sign an Acceptance of Appointment, form PC571, agreeing to be appointed guardian for the alleged developmentally disabled individual.
Upon filing of the above forms the Court will appoint an Attorney to represent the alleged developmentally disabled individual and schedule a hearing. The hearing will be scheduled within 3 to 4 weeks.
RESPONSIBILTIES OF A GUARDIAN
As a guardian, you must file a report every year. There is a special form for this called "REPORT OF GUARDIAN ON CONDITION OF INDIVIDUAL WITH DEVELOPMENTAL DISABILITY", form PC663. Also, if the individual's address changes, you must notify the Court within 14 days of the change. If your address changes, you must notify the Court and any interested parties in writing within 7 days of the change.
If you are appointed guardian of the estate you are also responsible for filing financial reports. An Inventory of the assets, form PC674, must be filed within 56 days of your appointment. Also, an Account of Fiduciary, form PC584, must be filed annually with the Court. Please refer to: Developmentally Disabled Guidelines for Recordkeeping.
As a service, the Grand Traverse County Probate Court may send reminder notices to the Guardian 14 days prior to the due date of the Annual Report. The notice states which document is due, the due date (do not sign or file prior to the due date as you have 56 days beyond the due date to file the report) and the court address. The Guardian must complete, date and sign the proper form, and file it with the probate court. The form may be filed in person or mailed to the Probate Court office.
If the Grand Traverse County Probate Court does not receive the Annual Report within 56 days of the due date the Court will schedule a hearing for the Guardian to come to court and explain why the form was not timely filed.
TERMINATE OR MODIFY GUARDIANSHIP
If the ward or any interested person wishes to terminate or modify the guardianship a Petition to Terminate/Modify, PC677, must be filed with the Court.
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