Under a guardianship, the guardian for someone with a developmental disability has a legal responsibility to make decisions on the ward’s best interests. Part of being a guardian however also requires them to report to the probate court. The reason is because as part of a guardianship, the probate court will need to know the condition and status of the ward. Because of this, a guardian should have the Report of Guardian on Condition of individual with Developmental Disability filled and ready to file with the court when the time comes to report to the court.
The Report of Guardian on Condition of individual with Developmental Disability 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 Report of Guardian on Condition of individual with Developmental Disability is associated with MCL 330.1631, which states:
(1) To the extent ordered by the court, the plenary guardian of the person shall have and a partial guardian of the person may have among others the following duties:
(a) Custody of the ward.
(b) The duty to make provision from the ward’s estate or other sources, for the ward’s care, comfort, and maintenance.
(c) The duty to make a reasonable effort to secure for the ward training, education, medical, and psychological services, and social and vocational opportunity as are appropriate and as will assist the ward in the development of maximum self-reliance and independence.
(2) The guardian of the person, plenary or partial, shall file with the court at intervals indicated by the court, but not less often than annually, a report which shall contain statements indicating:
(a) The individual’s current mental, physical, and social condition.
(b) The individual’s present living arrangement and a description and the address of every residence where the individual lived during the reporting period and the length of stay at each residence.
(c) An assessment of the adequacy and appropriateness for the ward of treatment and residential programs in the ward’s current residence and a statement on whether the ward will continue to live at the current residence or whether the guardian recommends a more suitable alternative residence.
(d) A summary of the medical, educational, vocational, and other professional services given to the individual.
(e) A resume of the guardian’s visits with and activities on behalf of the individual.
(f) A recommendation as to the need for continued guardianship.
(g) A statement signed by the standby guardian, if any have been appointed, that the standby guardian continues to be willing to serve in the event of the death, incapacity, or resignation of the guardian.
(h) An accounting of all financial transactions made by the guardian involving the ward’s estate.
(i) Other information requested by the court or useful in the opinion of the guardian.
(3) For the purpose of filing this report pursuant to subsection (2), the guardian shall be given access to information, reports and records from facilities, a community mental health board or agency, court staff, a public or private entity or agency, or a suitable person that are necessary for the guardian to perform his or her duties.
(4) The court shall review the report required in subsection (2) and take whatever action it considers necessary.
In addition to this statute, the Report of Guardian on Condition of individual with Developmental Disability is pursuant to MCR 5.409(A). 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.