When a petition for appointment of conservator has been filed with the probate court – between the date of the petition and the hearing date – notice is being given to the person being sought conservatorship over. The Notice on Petition for Conservator or Protective Order is a document that gives notice to the conservator on his or her rights, as well as what is going on. This form will therefore go a long way in providing clarity for people involved in this situation.
The Notice on Petition for Conservator or Protective Order form is a State Court Administrative Office form. If you need a copy of this form, click here. We’ve put together the form for you and all you’ll need to do is print. If you have any questions on the form, or need other probate court forms, please reach out to us.
The Notice on Petition for Conservator or Protective Order, like many of the forms, is pursuant to statutes and codes. As for the Notice on Petition for Conservator or Protective Order, this is associated with MCL 700.5311 which reads:
(1) In a proceeding for the appointment or removal of an incapacitated individual’s guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:
(a) The ward or the individual alleged to be incapacitated and that individual’s spouse, parents, and adult children.
(b) A person who is serving as the guardian or conservator or who has the individual’s care and custody.
(c) If known, a person named as attorney in fact under a durable power of attorney.
(d) If no other person is notified under subdivision (a), (b), or (c), at least 1 of the individual’s closest adult relatives, if any can be found.
(2) Notice must be served personally on the alleged incapacitated individual. Notice to all other persons must be given as prescribed by court rule. Waiver of notice by the individual alleged to be incapacitated is not effective unless the individual attends the hearing or a waiver of notice is confirmed in an interview with the visitor.
(3) In a proceeding for a guardian’s appointment under sections 5303 and 5304, a copy of the petition must be attached to the hearing notice, and the notice to the alleged incapacitated individual must contain all of the following information:
(a) The nature, purpose, and legal effects of the appointment of a guardian.
(b) The alleged incapacitated individual’s rights in the proceeding, including the right to appointed legal counsel.
In addition to this statute, the Notice on Petition for Conservator or Protective Order is pursuant to MCL 700.5405, MCL 700.5406 and MCL 700.5409. We’ve put together a video that reviews the form for your convenience as well. Please feel free to watch.
To learn more about this form, other probate forms or just probate in general, call The Probate Pro today at (833) PROBATE.