Guardianship Rights When a person lacks the understanding or ability to make or communicate informed decisions the individual may need the help of a guardian A guardian is appointed by the probate court at the request of a concerned person the petitioner To make a request to the court the person interested in the welfare of the individual must file a request on a legal document called a petition The petition must be filed in the probate court in the county where the individual lives or is located A Guardian is appointed when an individual is either 1 developmentally disabled 2 a minor without a living parent or 3 an incapacitated adult Michigan s guardianship statute MCL 700 5306 provides that the court may appoint a guardian if the court finds by clear and convincing evidence both 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 What Happens Next Following the filing of the petition the probate court schedules a hearing date for a judge to consider the petition The petitioner must deliver copies of the petition to certain people before the hearing date Michigan Court Rules require that this be done in a certain way
