What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult

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.

What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult 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 What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult

Sometimes it’s tough to find a quick summary— here’s the important details you should know about What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult:

• This form pertains to the State of Michigan

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 666 - What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult 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 666, 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 666 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 666 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 What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult 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.

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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 666 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 666, and when in doubt— consult a qualified trust & estates lawyer for that area.

What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult 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 666 - What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult 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.

What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult 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 666 - What You Need To Know Before Filing A Petition To Appoint A Guardian For An Incapacitated Adult. You can use this to get an idea of the context of the form and what type of information is needed.

PC 666 (2/18) Approved, SCAO Options You Should Know Before Filing a Petition for a Full Adult Guardianship Sometimes adults need help taking care of themselves and making decisions. Michigan law allows a judge to appoint a “guardian” of an adult in certain situations where help is needed. A court-appointed guardian can make decisions for the person who needs help. The judge will determine what decisions the guardian can make. A guardian might be able to decide: • where the person lives • what medical care the person should receive • who will care for the person every day There are many things you should think about before you file a petition. If at all possible, the adult who needs help should talk to a lawyer to help figure out what is best for him or her. There are options other than a full guardianship. Not all the options will work for everyone. Some of them will only work if the person is still able to make decisions. Some depend on what help the person may need. A few of these options other than a full guardianship are briefly described here. Conservator A conservator is appointed by a judge to take care of another adult’s finances and assets. A conservator is not expected to use his or her own money to support the adult needing assis- tance. The court can also limit a conservator’s authority to certain kinds of decisions for the adult. The consevator: • manages assets • pays the bills • makes general financial decisions for the person Durable Power of Attorney An adult can choose to appoint someone to take care of his or her finances through a financial “durable power of attorney.” The adult must be of sound mind to sign this document. He or she can: • limit when this document is effective • limit what the appointed person can do Because a durable power of attorney can be complicated and can give away a great deal of power, it is best that the adult seek the help of a lawyer to prepare it. Health Care Power of Attorney You will sometimes hear this called a “patient advocate designation” or a “durable power of attorney for health care.” It is a document an adult can sign that gives someone else the authority to make care decisions when he or she is not capable. Those decisions could be about: • health care • mental health treatment • living arrangements The adult can give the “agent” or “patient advocate” as much or as little authority as the person wants. This can include authority to withhold or withdraw life support services. The adult must be of sound mind to sign this document and must decide he or she wants it. Because this document can be complicated and can give away a great deal of power, it is best that the adult seek the help of a lawyer to prepare it. (See Second Page) PC 666 (2/18) Approved, SCAO Do Not Resuscitate Order If the adult is an inpatient at a hospital, his or her wishes regarding resuscitation should be discussed with his or her physician as soon as possible. If the adult is not in a hospital, he or she can sign a document that will refuse CPR (car- diopulmonary resuscitation). This document is known as a “Do Not Resuscitate Order” or “DNR.” The adult must be of sound mind to sign this document. Physician Orders for Scope of Treatment (POST) Form An adult can work with his or her attending health professional to complete a document that will specify types of medical treatment that are permissible. This document is called a physician orders for scope of treatment (POST) form. A POST form contains medical orders that are jointly agreed to by the adult and the attending health professional or a patient representative and the attending health professional. A POST form is not intended to be used as a stand-alone advance health care directive. The adult must be of sound mind to sign the form. A POST form may be obtained through the Michigan Department of Health and Human Services. Limited Guardian A limited guardian is appointed by a judge to make limited decisions in certain instances. For example, the judge may say that the guardian can only make decisions about living arrange- ments. A limited guardianship can give a person some independence while providing the specific help needed. Filing a Petition for Full Adult Guardianship To ask that a guardian be appointed for an adult, a Petition for Appointment of Guardian of Incapacitated Individual (PC 625) must be filed with the court. A judge will appoint a guardian only if the condition of the adult fits specific requirements. The specific conditions that must be met are found in form PC 625, which is available at your local probate court or at www.courts.mi.gov/ formssearch.