GUARDIANSHIPS FOR THE DEVELOPMENTALLY DISABLED
 
 
 
NOTICE TO ALL PERSONS ASKING FOR GUARDIANSHIP OF AN INDIVIDUAL WITH DEVELOPMENTAL DISABILITY
 
 
Please read this packet before proceeding
 
 
Your petition will NOT be accepted if it is not completed properly.
 
 
As the petitioner (the person asking for guardianship), it is your duty by law to serve a copy of the petition and notice of hearing personally on the respondent (developmentally disabled person)
 
 
 
 
 
 
 
 
GUARDIANSHIP PROCEEDINGS
 
 
The information in this packet is not intended to be legal advice. It is a brief explanation of the basic procedure that is required to obtain a guardianship for an individual with alleged developmental disability and is not meant to teach you the law.
 
 
 
You are not required to have an attorney; however, the court cannot act as your attorney. Probate court personnel cannot give legal advice about your particular situation or help you complete your petition.
 
 
 
The information contained here is the ONLY information court personnel can give you about this procedure.
 
 
 
 
 
 
 
 
 
 
PROBATE COURT INVOLVEMENT
 
The Probate Court will be involved in the appointment of a guardian and will appoint an attorney for the respondent. Community Mental Health will assist you in obtaining an evaluation of the alleged developmentally disabled person, and the evaluator will attend the court hearing to testify regarding the results of the evaluation. 
 
Probate Court employees are not caseworkers. If assistance, family counseling, or a caseworker is necessary, you will need to contact Community Mental Health.
 
 
HOW TO BECOME A GUARDIAN
THE PETITION
 
To become a guardian you must:
 
-          File a completed Petition for Appointment of Guardian, Individual with Alleged Developmental Disability” There are no filing fees to file the petition.
-          There are psychological reports that will need to be completed and filed with the court along with the petition. Community Mental Health will assist you in obtaining those reports.
-          The person who needs a guardian must be residing in Ionia County and be at least 18 years old.
-          The death certificate of either parent (if applicable) need to be included with the petition.
 
It has been the practice in Ionia County that Community Mental Health will assist you in filing the petition, scheduling a hearing, and serving all the appropriate paperwork. They will assist you in obtaining all the necessary testing, and they will appear at court on your behalf to testify at the hearing.
 
 
 
 
 
 
 
 
 
THE HEARING
 
At the hearing, the following is necessary:
 
-          The alleged developmentally disabled person must appear at the hearing unless you’ve obtained and file with the court a Waiver of Attendance signed by a physician.
-          The proposed guardian and proposed standby guardian must appear at the hearing.
-          The petitioner must appear at the hearing and offer testimony as to why he/she feels a guardian is necessary.
-          If a guardian is appointed, he/she must sign an Acceptance of Appointment that day after the hearing.
 
 
 
Court Address:
 
Ionia County Probate Court
Courthouse
100 Main Street
Ionia, MI   48846
 
 
Court Telephone:
 
(616) 527 5326
(616) 527 5321 (fax)
 

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