Petition For Appointment Of Guardian Of Incapacitated Individual

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Appointment Of Guardian Of Incapacitated Individual is a commonly used form within Michigan. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Appointment Of Guardian Of Incapacitated Individual

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Guardian Of Incapacitated Individual:

• This form pertains to the State of Michigan

• The relevant probate statute or Michigan laws related to this form include: MCL 700.1105(a), MCL 700.5303, MCR 5.125(C)(23), MCR 5.402(A)

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Michigan’s Form PC 625 - Petition For Appointment Of Guardian Of Incapacitated Individual up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Michigan form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Michigan probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PC 625, take a break, and then review. Probate and estate settlement processes in MI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PC 625 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PC 625 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Appointment Of Guardian Of Incapacitated Individual to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Michigan.

5 reasons you should submit PC 625 as quickly as possible:

1. The sooner you begin, the faster Michigan can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Michigan. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Michigan is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Michigan probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Michigan probate clerk or court for exact answers regarding Form PC 625, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Guardian Of Incapacitated Individual is one of the many probate court forms available for download through Atticus.

It may also be available through some Michigan probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Michigan.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PC 625 - Petition For Appointment Of Guardian Of Incapacitated Individual f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Michigan probate court office.

Petition For Appointment Of Guardian Of Incapacitated Individual is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Michigan-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Michigan Form PC 625 - Petition For Appointment Of Guardian Of Incapacitated Individual. You can use this to get an idea of the context of the form and what type of information is needed.

STATE OF MICHIGAN PROBATE COURT COUNTY PETITION FOR APPOINTMENT OF GUARDIAN OF INCAPACITATED INDIVIDUAL CASE NO. and JUDGE Court address Court telephone no. In the matter of First, middle, and last name Last four digits of SSN Approved, SCAO Form PC 625, Rev. 5/21 MCL 700.1105(a), MCL 700.5303, MCR 5.125(C)(23), MCR 5.402(A) Page 1 of 3 A B PCS Code: PEG TCS Code: PGII Petitioner’s name, address and telephone no.Petitioner’s attorney, bar no., address, and telephone no. Date of birthRaceSexAddress of alleged incapacitated individual where now found Put DOB in Ref. No. row 1 on MC 97. Put last 4 digits of SSN in Ref. No. row 2 on MC 97. XXX-XX- 1. I, Name (type or print) , am interested in this matter and make this petition as State interest/relationship . 2. An action within the jurisdiction of the family division of circuit court involving the family or family members of the person named above has been previously filed in Court, Case Number , was assigned to Judge , and remains is no longer pending. 3. The adult is a resident of City, village, or township , County State and has a home address and telephone number of Address City State Zip Telephone no. . The individual is a citizen of the following foreign country: . 4. The adult has a patient advocate/power of attorney for health care. (Specify name and address below.) a power of attorney. (Specify name and address below.) a conservator. (Specify name and address below.) Name and address 5. The patient advocate designation was not executed in compliance with MCL 700.5506. The patient advocate is not complying with the terms of the designation or of MCL 700.5506 to MCL 700.5512. The patient advocate is not acting consistent with the ward’s best interests. 6. The adult lacks sufficient understanding or capacity to make or communicate informed decisions because of mental illness. mental deficiency. physical illness or disability. chronic intoxication. chronic drug use. . C D E F G H Petition for Appointment of Guardian of Incapacitated Individual (5/21) Page 2 of 3 Case No. 7. Specific facts about the adult’s recent condition or conduct that lead me to believe the adult needs a guardian are (Attach a separate sheet if more space is needed.) 8. The name, address, and telephone number of the person/agency (if any) who currently has care and custody of the adult are . 9. The adult is is not entitled to receive Veterans Administration benefits. The Veterans Administration claimant number is . 10.The alleged incapacitated individual has a spouse whose name and address are listed below. adult child(ren) whose name(s) and address(es) are listed below. living parent(s) whose name(s) and address(es) are listed below. no spouse, adult child(ren), or parent(s). The names and addresses of presumptive heirs are listed below. none of the above (must notify Attorney General - see instructions for the address of the Attorney General). NAME RELATIONSHIPADDRESS AND TELEPHONE NUMBER Street address CityStateZipTelephone No. Street address CityStateZipTelephone No. Street address CityStateZipTelephone No. Street address CityStateZipTelephone No. Nominated guardian Street address CityStateZipTelephone No. 11. None of the adults named above is under any legal incapacity except Give name, legal incapacity, and representative of the person, if any . I J K L M Petition for Appointment of Guardian of Incapacitated Individual (5/21) Page 3 of 3 Case No. 12. I REQUEST that the court determine the adult is an incapacitated individual and appoint Name , Address City, state, zip Telephone No. who has priority as Priority relationship , full guardian with all powers provided by statute. limited guardian with the following powers: 13. No other person appears to have authority to act in the circumstances. I request that a temporary guardian be appointed pending a hearing on this petition because of the following emergency: I declare under the penalties of perjury that this petition has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Date Petitioner signature Date Attorney signature 14. NOMINATION BY THE ALLEGED INCAPACITATED INDIVIDUAL In the event the court finds that I require a guardian, I nominate Name Address, city, state, zip Telephone no. Date Signature of alleged incapacitated individual O P Q N INSTRUCTIONS FOR COMPLETING PETITION FOR APPOINTMENT OF GUARDIAN OF INCAPACITATED INDIVIDUAL Please type or print neatly using black or blue ink. Items A through Q must be read and filled in (when required) before your petition can be filed with the court. Please read the instruction for each item. Then fill in the correct information for that item on the form. A Enter the name of the individual who you believe needs a guardian. B Enter the date of birth of the individual named in A in Ref. No. row 1 on form MC 97, then fill in the race, and sex of the individual. Enter the address where the individual is currently located. This address may or may not be the home of the individual. For example, if the individual is currently in the hospital, enter the address of the hospital. C Enter your name in the first line and your relationship to the individual (or your interest) on the second line. D Check this box if there is or has been a case in the family division of the circuit court involving the individual in A . Examples of a family division case are personal protection, abuse or neglect, or a name change. If you have checked this box, enter the name of the court, the case number of the action, the name of the judge assigned to that case. Then place a check in the box indicating whether that case is still pending or not. E Enter the city, village, or township and county and state the individual is a resident of and the full home address and telephone number of the individual. F Check the boxes that apply and provide the name(s) and address(es). G If the individual has a patient advocate and you believe there is a problem, check only the boxes that apply. H Check the boxes that you believe apply to the individual. I Explain in as much detail as possible specific examples of the individual's conduct that lead you to believe he or she needs a guardian. Give specific examples of his or her conduct that supports what you checked in H and that demonstrate the need for a guardian. This information is extremely important for the court in making a decision about the need to appoint a guardian. Use additional sheets of paper if needed. J Enter the name, address, and telephone number of the person or agency who currently has care and custody of the individual. If there is no one, leave blank. K Check whether the individual is or is not entitled to receive Veterans Administration benefits. If you checked that the individual is entitled to benefits, enter his or her VA claimant number. L - M Check all the boxes that apply and enter the names, relationships, addresses and telephone numbers of each relative of the individual. Presumptive heirs includes minor children, if any. If any of the adults named in L are under legal incapacity, enter the names in M . If you check the last box in L (item 10), you must notify the Attorney General by sending a copy of this form to: Attorney General, Public Administration, PO Box 30755, Lansing, Michigan 48909. N Enter the name, address, and telephone number of the person you want to be appointed as guardian of the individual. Enter the relationship, if any, that this person has to the individual. Check the box for either a full guardian or a limited guardian. O Check the box if there is an emergency requiring the appointment of a temporary guardian before the hearing on this petition is held. P Enter today's date and sign your name. Q If the individual wants to nominate someone to be his/her guardian, check the box and enter the name, address, and telephone number of the person the individual is nominating. The individual must sign and date the form.