Following the petition for appointment of guardian in the probate code, the notice of hearing is sent out, servicing the probate process upon interested persons, the court will provide adjudication. It is after this adjudication in which the opinion of the court is reflected by the Order Regarding Appointment of Guardian.

The Order Regarding Appointment of Guardian is a State Court Administrative Office form. If you need this form or any other probate court forms, please reach out to us. We will be happy to provide you with this document and any other necessary probate court documents.

Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Petition and Order for Assignment is associated with MCL 700.1105, which states:

 As used in this act:

(a) “Incapacitated individual” means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.

(b) “Informal proceedings” means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.

(c) “Interested person” or “person interested in an estate” includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person. Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules.

(d) “Issue” means an individual’s descendant.

(e) “Joint tenants with the right of survivorship” includes, but is not limited to, co-owners or ownership of property held under circumstances that entitle 1 or more to the whole of the property on the death of the other or others, but does not include forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party’s contribution.

(f) “Jurisdiction,” with respect to a geographic area, includes a county, state, or country.

(g) “Lawyer-guardian ad litem” means an attorney appointed under section 5213 or 5219 who has the powers and duties referenced by and provided in section 5213.

(h) “Lease” includes, but is not limited to, an oil, gas, or other mineral lease.

(i) “Legally incapacitated individual” means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual.

(j) “Letters” includes, but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship.

 

In addition to this, the Petition and Order for Assignment is pursuant to MCL 700.5106 and MCL 700.5107, MCL 700.5306, MCL 700.5313, MCL 700.5319(1). 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.