A petition has been filed for the appointment of a mental health professional or physician in the case of a ward who is part of a conservatorship or guardianship. For individuals who are being looked over for their well-being, it’s likely this is for a guardianship, whereas more financial and legal oversight and management of an individual is considered to be a conservatorship. Regardless of what the ward falls under, the court will return after the hearing with an order, known as the Order Appointing Physician or Mental Health Professional.
The Order Appointing Physician or Mental Health Professional is a State Court Administrative Office form. This form can be found by clicking here. If you need other probate court forms, such as the petition for appointing a physician or mental health professional, give us a call. We will gladly help you get the forms you need.
Like many of the forms we cover, the Order Appointing Physician or Mental Health Professional is pursuant to various court rules and statutes. The Order Appointing Physician or Mental Health Professional is pursuant to MCL 700.5304, which states:
(1) If necessary, the court may order that an individual alleged to be incapacitated be examined by a physician or mental health professional appointed by the court who shall submit a report in writing to the court at least 5 days before the hearing set under section 5303. A report prepared as provided in this subsection shall not be made a part of the proceeding’s public record, but shall be available to the court or an appellate court in which the proceeding is subject to review, to the alleged incapacitated individual, to the petitioner, to their respective legal counsels, and to other persons as the court directs. The report may be used as provided in the Michigan rules of evidence.
(2) The alleged incapacitated individual has the right to secure an independent evaluation, at his or her own expense or, if indigent, at the expense of the state. Compensation for an independent evaluation at public expense shall be in an amount that, based upon time and expense, the court approves as reasonable.
(3) A report prepared under this section shall contain all of the following:
(a) A detailed description of the individual’s physical or psychological infirmities.
(b) An explanation of how and to what extent each infirmity interferes with the individual’s ability to receive or evaluate information in making decisions.
(c) A listing of all medications the individual is receiving, the dosage of each medication, and a description of the effects each medication has upon the individual’s behavior.
(d) A prognosis for improvement in the individual’s condition and a recommendation for the most appropriate rehabilitation plan.
(e) The signatures of all individuals who performed the evaluations upon which the report is based.
(4) The individual alleged to be incapacitated is entitled to be present at the hearing in person, and to see or hear all evidence bearing upon the individual’s condition. If the individual wishes to be present at the hearing, all practical steps shall be taken to ensure his or her presence, including, if necessary, moving the hearing site.
(5) The individual is entitled to be represented by legal counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or mental health professional and the visitor, and to trial by jury.
(6) The issue of incapacity may be determined at a closed hearing without a jury if requested by the individual alleged to be incapacitated or that individual’s legal counsel.
In addition to this statute, the Order Appointing Physician or Mental Health Professional is pursuant to MCL 700.5310(4), MCL 700.5406, MCR 5.121 and MCR 5.405(A). To learn more about this form, Darren Findling of The Probate Pro has created a video covering the statutes, court rules and how the form is filled out.
If you need any further assistance in probate, guardianships and conservatorships, give us a call at (833) PROBATE or visit us at www.theprobatepro.com.