When a Petition for Conservator has been filed with the probate court (between the date of the petition and the hearing date), notice is given to the person being sought conservatorship over. The Notice on Petition for Conservator or Protective Order gives that individual the list of rights they have and what is going on.
The Notice on Petition for Conservator or Protective Order is a State Court Administrative Office form. If you want to see what the notice looks like, feel free to click here for a free form. Don’t forget, if you call us and need other probate court forms, we can work on getting them for you.
Like many of the State Court Administrative Office forms, the Notice on Petition for Conservator or Protective Order adheres to various court rules and statutes. The Notice on Petition for Conservator or Protective Order is pursuant to MCL 700.5311, which reads:
(1) In a proceeding for the appointment or removal of an incapacitated individual’s guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:
(a) The ward or the individual alleged to be incapacitated and that individual’s spouse, parents, and adult children.
(b) A person who is serving as the guardian or conservator or who has the individual’s care and custody.
(c) If known, a person named as attorney in fact under a durable power of attorney.
(d) If no other person is notified under subdivision (a), (b), or (c), at least 1 of the individual’s closest adult relatives, if any can be found.
(2) Notice must be served personally on the alleged incapacitated individual. Notice to all other persons must be given as prescribed by court rule. Waiver of notice by the individual alleged to be incapacitated is not effective unless the individual attends the hearing or a waiver of notice is confirmed in an interview with the visitor.
(3) In a proceeding for a guardian’s appointment under sections 5303 and 5304, a copy of the petition must be attached to the hearing notice, and the notice to the alleged incapacitated individual must contain all of the following information:
(a) The nature, purpose, and legal effects of the appointment of a guardian.
(b) The alleged incapacitated individual’s rights in the proceeding, including the right to appointed legal counsel.
In addition to this statute, the Notice on Petition for Conservator or Protective Order is pursuant to MCL 700.5405, MCL 700.5406 and MCL 700.5409. To learn more about the form, Darren Findling of The Probate Pro covers everything you will need to know.
If you have any probate related questions or need probate legal assistance, be sure to call us at (833) PROBATE. We offer 24/7 support and are ready to help you. For more information on the services we cover and other probate court forms, visit theprobatepro.com.