Essay Example on Guardianship Rights When a person lacks the understanding or Ability

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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

The court will appoint a guardian ad litem to represent the incapacitated individual unless the individual has his or her own attorney Before the hearing date the court may also order the individual to be examined by a physician or mental health professional and to submit a report to the court about the individual s condition Who Gets Copies of the Hearing Notice and Petition The petitioner will make sure the incapacitated individual is personally given a copy of the petition and a notice of the hearing The petitioner will also mail copies of the petition and notice of the hearing to certain people called interested persons These people are 1 the individual s spouse 2 a person named as the individual s agent in a durable power of attorney 3 the individual s children or if the individual has no children the individual s parents and 4 if there is one the individual s guardian or conservator appointed by a court in another state The incapacitated individual and these interested persons are entitled to object to the appointment of a guardian What Happens at the Hearing At the hearing on the petition the judge will determine whether a guardianship is needed The judge must find by clear and convincing evidence two things 1 the individual lacks the understanding or capacity to make or communicate informed decisions and 2 the appointment of a guardian is necessary to provide for the individual s continuing care and supervision If the incapacitated individual needs a guardian the judge will select appoint a suitable guardian who is willing to serve If the individual needs a guardian but has some ability to take care of certain tasks the judge may appoint a limited guardian to take care of only those things that the individual cannot What are your rights When a petition for guardian has been filed the person that is the subject of the petition has certain rights If a guardianship is being sought for you the following are your rights If a guardian is appointed the guardian will make decisions for you such as what medical care you receive and where you live A guardian will be responsible to get services for you that will help you return to managing your own affairs as soon as possible 



A guardian ad litem may be appointed by the court The guardian ad litem must visit you in person The guardian ad litem must explain the nature purpose and legal effects of the appointment of a guardian The guardian ad litem must inform you that a guardian may have the power to execute a do not resuscitate order on your behalf and to place a do not resuscitate identification bracelet on you unless you object The guardian ad litem must also inform you that you may ask the court to review a do not resuscitate order that has been executed on your behalf The guardian ad litem must explain your rights about the guardianship hearing The guardian ad litem must inform you that you can object to the petition request limits on the guardian s powers object to a particular person being appointed as your guardian come to the hearing and be represented by an attorney and if you cannot afford an attorney to have one appointed at public expense You have certain rights before and at the court hearing on the petition to appoint a guardian for you You have the right to have the guardianship case started and conducted where you reside or are present or if you have been admitted to an institution by a court in the county in which that court is located You have the right to file a petition on your own behalf to have a guardian appointed for you You have the right to be represented by an attorney If you cannot afford an attorney you can ask the court to appoint one for you at public expense You have the right to have a guardian ad litem appointed to represent you if you are not represented by an attorney You have the right to get an independent evaluation of your condition at your own expense If you cannot afford to pay for the evaluation the court will approve reasonable costs at public expense You have the right to see and hear all the evidence presented during the hearing



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