When an individual is entering the probate process, he or she has the ability to have legal counsel appointed to him or her through the State. In order to have an attorney appointed through the State, an individual will need to file the Order Appointing Attorney form. By filing this, the State court can appoint an attorney to the individual seeking one.

The Order Appointing Attorney is a State Court Administrative Office form. If you need this form, please reach out to us. We will gladly provide you with this form and any other probate court forms you may need.

Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Order Appointing Attorney is associated with MCL 330.1454, which states:

  (1) Every individual who is the subject of a petition is entitled to be represented by legal counsel.

(2) Unless an appearance has been entered on behalf of the subject of a petition, the court shall, within 48 hours after its receipt of any petition together with the other documents required by section 452, appoint counsel to represent the subject of the petition, except that if an individual has been hospitalized, counsel shall be appointed within 24 hours after the hospitalization.

(3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.

(4) If the subject of a petition prefers counsel other than the initially appointed counsel, the preferred counsel agrees to accept the appointment, and the court is notified of the preference by the subject of the petition or the preferred counsel, the court shall replace the initially appointed counsel with the preferred counsel.

(5) If the subject of a petition is indigent, the court shall compensate appointed counsel from court funds in an amount that is reasonable and based upon time and expenses.

(6) The supreme court may, by court rule, establish the compensation to be paid for counsel of indigents and may require that counsel be appointed from a system or organization established for the purpose of providing representation in proceedings governed by this chapter.

(7) Legal counsel shall consult in person with the subject of a petition at least 24 hours before the time set for a court hearing.

(8) Legal counsel for the subject of a petition under section 452(1)(a) who is hospitalized pending the court hearing shall consult in person with the individual for the first time not more than 72 hours after the petition and 2 clinical certificates have been filed with the court.

(9) After the consultation required in subsection (7) or (8), counsel promptly shall file with the court a certificate stating that he or she personally has seen and has consulted with the subject of a petition as required by this section.

In addition to this statute, the Order Appointing Attorney is also pursuant to MCL 700.5208, MCL 700.5209(2)(d), MCL 700.5219(4), MCL 700.5305(3)-(4), MCL 700.5406(1) and MCR 5.404(d).To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.

 

Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.