Guardianship for an Individual with Developmental Disabilities

Published by the Washtenaw County Probate Court 2005
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What you should know.  You are now a fiduciary.

What is a Fiduciary?

A fiduciary is a person who has responsibility to act on behalf of another.  A guardian acts for the individual in personal matters.  This is called guardianship of the individual.  A guardian may also manage all of the individual's finances and property.  In that case, the arrangement is called guardianship of the estate.  The same person may be both guardian of the individual and guardian of the estate.  The appointments of a guardian of the individual and of the estate are serious matters.  Such appointments prevent the individual from entering into contracts and taking certain other actions. The appointments also place responsibility on the fiduciary to comply with certain rules.

What powers do I have?

 A plenary guardian is one who has full control of all decision making for the individual with developmental disabilities.

A partial guardian is one who has those powers set forth in the order of appointment and the letters of guardianship.

What are your duties?

There are legal rules.  Please read them carefully.  The court will expect you to comply with them.  If you have trouble understanding what you should do, please consider contacting legal counsel.  The Community Mental Health organization may also be able to be of assistance to you.

330.1631 Guardian; duties; filing, contents, and review of report.

(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.

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Often, there is a standby guardian appointed.  What are the duties of the standby guardian?

330.1640 Standby guardian.

 (1) At a hearing convened pursuant to this chapter the court may designate 1 or more standby guardians whose appointment shall become effective without further proceedings immediately upon the death, incapacity, or resignation of the initially appointed guardian. The powers and duties of the standby guardian shall be the same as those of the initially appointed guardian.

(2) The standby guardian shall receive a copy of the court order establishing or modifying the initial guardianship, and the order designating the standby guardian. Upon assuming office, the standby guardian shall notify the court.

(3) In an emergency situation and in the absence and unavailability of the initially appointed guardian, the standby guardian may temporarily assume the powers and duties of the initially appointed guardian.

330.1634 Notice of right to dismiss guardian or modify guardianship order; procedures.

At the time of the appointment of a guardian, the court shall make a reasonable effort to verbally inform the individual of the individual's right pursuant to section 637 to request at a later date his or her guardian's dismissal or a modification of the guardianship order, and a written statement shall be served upon the ward indicating his or her rights pursuant to section 637 and specifying the procedures to be followed in petitioning the court.
 

What Else Should I Know?

The Washtenaw County Bar Association maintains a list of attorneys willing to be of assistance.  The Washtenaw Association for Community Advocacy is concerned with the interests of those individuals with developmental disabilities and will welcome your inquiries.

Helping others….the right thing to do

Washtenaw County Probate Court
John N. Kirkendall
Judge of Probate
Courthouse
101 East Huron Street
Ann Arbor, Michigan 48107-8645
Phone 734/994-2474
Fax 734/222-3019

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Last Updated 3-9-05

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49015
or e mail to pharter@calhouncountymi.gov