As part of a guardianship, the guardian has a legal obligation to report to the court on the status of the ward. It doesn’t matter if the ward is capacitated or not – it’s a legal obligation all the same. However, there are forms which are designated for one type of ward (capacitated or incapacitated). In this case, we will review the Report on Review of Guardianship for an incapacitated ward.
The Report on Review of Guardianship 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 on Review of Guardianship is associated with MCR 5.408(A), which states:
(A) Periodic Review of Guardianship.
(1) Periodic Review. The court shall commence a review of a guardianship of a legally incapacitated individual not later than 1 year after the appointment of the guardian and not later than every 3 years thereafter.
(2) Investigation. The court shall appoint a person to investigate the guardianship and report to the court by a date set by the court. The person appointed must visit the legally incapacitated individual or include in the report to the court an explanation why a visit was not practical. The report shall include a recommendation on whether the guardianship should be modified.
(3) Judicial Action. After informal review of the report, the court shall enter an order continuing the guardianship, or enter an order appointing an attorney to represent the legally incapacitated individual for the purpose of filing a petition for modification of guardianship. In either case, the court shall send a copy of the report and the order to the incapacitated individual and the guardian.
(4) Petition for Modification. If an attorney is appointed under subrule (A)(3), the attorney shall file proper pleadings with the court within 14 days of the date of appointment.
In addition to this, the Report on Review of Guardianship is pursuant to MCL 700.5309. 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.
