A petition has been filed to remove an individual as a guardian of a ward. The reason of course depends on the case. For example, it could be that the guardian is no longer needed, or it could be that the guardian has not been able to uphold his or her responsibilities, which should always be in the best interest of the ward he or she represents. When the court gives their opinion, they follow up with what’s known as the Order Regarding Termination or Modification of Guardian.
The Order Regarding Termination or Modification of Guardian is a State Court Administrative Office form. You can access the document by clicking here, where you’ll be able to print off the form for free. If you need other probate court files, please let us know and we can help you.
Like most of the State Court Administrative Office forms, the Order Regarding Termination or Modification of Guardian is pursuant to statutes and court rules. The form is created is pursuant to MCL 700.1309, which says:
Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following:
(a) Appoint a special fiduciary to perform specified duties.
(b) Enjoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.
In addition to this statute, the document is pursuant to MCL 700.5217, MCL 700.5219, MCL 700.5310, MCL 700.5312, MCL 700.5414, MCL 700.5419, MCL 700.5431 and MCR 5.204. To learn about how this form is filled out, Darren Findling of The Probate Pro has put together a video below for you.
If you have any additional questions related to this form, guardianships, conservatorships or anything probate, give us a call. Our number is (833) PROBATE and you can visit us online at www.theprobatepro.com.