| An Incapacitated Individual is:
"A person, other than a minor, who is impaired
by reason of mental illness, mental deficiency, physical illness or
disability, chronic use of drugs, chronic intoxication, or other cause
except minority, to the extent that the person lacks sufficient
understanding or capacity to make or communicate responsible decisions
concerning his or her person."
A guardianship is over the person, for example medical
decisions and living arrangements.
A conservatorship is over finances.
·1 If social
security is the only income the person receives, you can become
the payee through the Social Security Administration and a
conservatorship is not necessary.
Procedure to file:
The petitioner completes the petition, including all information that
is requested; especially the complete addresses of all interested parties
and make sure to sign the petition.
File the petition with the Probate Court @ P.O. Box 885, White Cloud,
MI 49349. Make sure to include the fee.
Probate Court staff will then generate a Notice of Hearing and prepare
copies for all interested parties.
The Petitioner is responsible for:
1. Serving the alleged incapacitated individual a copy of the
petition, notice of hearing, and notice to alleged incapacitated
individual. This must be served PERSONALLY to the individual,
with a Proof of Service filed with the court. YOU MUST SERVE
the packed WITHIN 7 DAYS of the hearing, or the hearing will
not proceed.
2. Complete the Proof of service and file it with the Court, it
must be signed and dated.
3. The Petitioner MUST attend the hearing at Probate Court
and give testimony before the Judge.
|
