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Estates, Guardianships, Conservatorships and Trusts: P

A B, C D E F G H, I, J L, M P Q, R S T U, V, W

Partial Guardian

A guardian with limited, specified authority over an individual with a developmental disability. One may be a partial guardian of the estate, or a partial guardian of the person.

 

Patient Advocate Designation

A document that designates a person to make medical treatment decisions when the patient is unable to act on his/her own behalf.  A Michigan statutory version of what is sometimes referred to as a "living will."  It is sometimes referred to as a "Medical Durable Power of Attorney".

 

Personal Representative

An individual who is appointed by a probate court to administer a decedent's estate.  Formerly referred to as an "executor."

 

Petition

A written request for a court order on a particular issue. The filing fee is generally $20 and can be as high as $150.

 

Plenary Guardian

A guardian with full authority over an individual with a developmental disability. One may be a plenary guardian of the estate, or a plenary guardian of the person.

 

Power of Attorney

A written and notarized document giving an individual legal power to act on behalf of another according to the terms of the document. The person who acts on behalf of the person who signs the power of attorney is called an "Attorney-in-fact." Powers of attorney may be broad (i.e.; covering financial matters, or medical issues), or limited (i.e.; for the one-time purpose of selling real estate).  A power of attorney for medical care may also be accomplished by a Patient Advocate Designation. A power of attorney that makes provisions stating that it is effective even upon the disability of the maker, is known as a Durable Power of Attorney. There are no court forms provided for powers of attorney.

 

Probate

Sometimes referred to as the process of administering a decedent's estate. Technically, it refers to the procedure by which a decedent's will is admitted to the court for purposes of estate administration.

 

Probate Court

The court which handles decedent estates, guardianships over adults and minors, conservatorships over adults and minors, guardianships over individuals with developmental disability, trusts, involuntary commitments and other miscellaneous matters.

 

Probate Register

A court designated individual who has the power to perform certain administrative acts in uncontested matters as authorized by general order of the probate judge.  A list of typical powers is set forth in the Revised Judicature Act (MCL 600.834). The Probate Register for Oakland County Probate Court is Jill Koney Daly.

 

Probation

This has nothing to do with probate court.

Oakland County Circuit Court Probation

 

Proof of Service

A form that lists which interested persons have been served with appropriate notice of a document, particular action, and/or court hearing. A court file generally cannot be heard by the judge until the responsible party has indicated to the court, through this form, that all interested persons have been served with a copy of the relevant petition or motion, and the notice of hearing.  For "court call" (aka "motion call"), only files in which a proper proof of service has been filed will be highlighted on the court docket sheet in yellow as "ready for court." Those parties may proceed directly to the courtroom. If the file is not highlighted, it generally means that the responsible party needs to file a proof of service with the court. See Court CallPC 564.

 

Property

Anything that can be owned including real and personal property.

 

Protected Individual

A person (minor or adult) who has a court appointed conservator.

 

Public Administrator (PA)

A licensed practicing attorney assigned by the court to serve as fiduciary over an estate and/or individual when a family member or friend is unable or unwilling to serve as fiduciary. Public Administrators are appointed to this unpaid position by the Attorney General. They will bill the estates for services rendered if assets are available.