A petition has been filed to the probate court. This petition in particular requests the appointment of a temporary guardian for an adult. A hearing is scheduled and afterward, the court will give their order. Through the Order Regarding Appointment of Temporary Guardian Adult form, the court will give its ruling on the hearing and determine whether or not the guardian is appointed.
This 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 Order Regarding Appointment of Temporary Guardian Adult, like many of the forms, is pursuant to statutes and codes. As for the Order Regarding Appointment of Temporary Guardian Adult , this is associated with MCL 700.5312 which reads:
(1) If an individual does not have a guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, the court shall provide notice to the individual alleged to be incapacitated and shall hold a hearing. Upon a showing that the individual is an incapacitated individual, the court may exercise the power of a guardian, or appoint a temporary guardian with only the powers and for the period of time as ordered by the court. A hearing with notice as provided in section 5311 shall be held within 28 days after the court has acted under this subsection.
(2) If an appointed guardian is not effectively performing the guardian’s duties and the court further finds that the legally incapacitated individual’s welfare requires immediate action, the court may appoint, with or without notice, a temporary guardian for the legally incapacitated individual for a specified period not to exceed 6 months.
(3) A temporary guardian is entitled to the care and custody of the ward, and the authority of a permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. A temporary guardian may be removed at any time. A temporary guardian shall make reports as the court requires. In other respects, the provisions of this act concerning guardians apply to temporary guardians.
In addition to this statute, the Order Regarding Appointment of Temporary Guardian Adult is pursuant to MCL 700.5313 and MCR 5.403(C). 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.