![]() Unless the petitioner is represented by private counsel, the Court, or petitioner at the direction of the Court, will prepare the necessary legal documents and notices, and cause them to be served on interested persons. The Court will appoint legal counsel for the respondent. A date for hearing on the petition will be scheduled within 30 days from the date of filing the petition. The Court may order payment for evaluations of an individual with an alleged developmental disability by a public agency that serves the developmentally disabled. If the report does not accompany the petition, the Court will order appropriate evaluations to be performed by qualified persons who may be employees of the state, the county, Community Mental Health and Substance Abuse Services, or the Court. The petition and accompanying report will be reviewed for completeness and compliance with the Mental Health Code. The name and title of the person performing such evaluations and the dates performed (which must be within one year of the date of filing the petition) must be included on this report and, in addition, a list of all psychotropic medications, as well as any and all other medication that the individual is receiving on a continual basis that may or may not affect behavior The Petition For Appointment Of Guardian, Individual with Alleged Developmental Disability (Form PC 658) must be accompanied by a Report to Accompany Petition to Appoint, Modify or Discharge Guardian of Individual with Developmental Disability (Form PC659) which includes an evaluation of the mental, physical, social, educational, adaptive behavior and social skills of the person. Parent can no longer make decisions on the individual's behalf. To be filed and a guardian appointed when the individual reaches the age of majority because a See Addresses/Phone Numbers for contact information or With the alleged developmental disability or with the county in which an individual with allegedĭevelopmental disability was found if a county of residence couldn't be determined. It may be filed at the Probate Court of the county of residence of an individual Petition for Appointment of Guardian, Individual with Alleged Developmental Disability Who may petition for appointment of a guardian?Ī petition for appointment of a guardian for an individual who has been allegedly diagnosedĪs developmentally disabled may be filed by any interested person or entity, or by the individual. If the Court determines that some form of guardianship is necessary, partial guardianship shall be the preferred form of guardianship for an individual with a developmental disability. Ordered only to the extent necessitated by the individual's actual mental and adaptive limitations.Designed to encourage the development of maximum self-reliance and independence in the individual and.Utilized only as is necessary to promote and protect the well being of the individual, including protection from neglect, exploitation and abuse.The guardianships for individuals with developmental disabilities shall be: An individual from birth to age 5, with a substantial developmental delay or a specific congenital or acquired condition with a high probability of resulting in development disability as defined in (1.) if services are not provided.Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.Results in substantial functional limitations in 3 or more of the following areas of major life activity:.Is manifest before the individual of 22 years of age.Attributable to a mental or physical impairment or combination of physical and mental impairments.An individual older than 5 years with a severe, chronic condition that meets all of the following:.A developmental disability is defined as either of the following: The Mental Health Code provides for the appointment of a partial guardian if found by clear and convincing evidence that he/she is developmentally disabled and lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or his/her estate. ![]() Michigan's Mental Health Code provides for the appointment of a plenary guardian of an individual if found by clear and convincing evidence that he/she is developmentally disabled and totally without capacity to care for himself or herself or his/her estate. Probate Court Guardianship of an Individual with Developmental Disability
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