The Probate Court handles cases involving Individuals with a Developmental Disability who require a guardian. The guardianship establishes a relationship between the guardian and the developmentally disabled individual similar to that of a parent and child, with duties and responsibilities to that individual as determined by the Probate Court. A prospective Guardian may be nominated by petition (filed with the Probate Court) or may be named in a will. A guardian may be appointed as partial or plenary "guardian of the person " and/or "guardian of the estate ". The petition should be filed with the Probate Court in the county of residence of the individual with the alleged disability, or in the county in which the individual was found if a county of residence cannot be determined. The petition should be accompanied by a report with current evaluations (performed in the last year) from a physician or psychologist who is trained or experienced in assessing an individual's mental, physical, social and educational condition, adaptive behavior, and social skills.
Any of the following may file a petition for guardianship of an individual with a developmental disability: The individual with a developmental disability, an adult relative or friend of the individual, an official or representative of a public or private agency, corporation or association concerned with the individual's welfare, or any other person found suitable by the Court
Once filed the petition will be set for hearing. There is no filing fee. Be aware that you may not file a petition for guardianship of a legally incapacitated person under the Estates & Protected Individuals Code if the person is developmentally disabled.
The processing of the petition could take several hours, and it is recommended that the filer be at the Probate counter by 3 p.m. to allow time to process the petition. Completed petitions will not be accepted for same day processing after 4 o'clock.
If you have questions about a case involving a developmentally disabled individual please email the Probate Court at ProbateDD@Oakgov.com .
For complete info, please refer to the following Brochures:
Below are the forms associated with a case involving the guardianship of an individual with developmental disability in Oakland County Probate Court. These forms are insertable pdf documents that may be completed in Adobe Acrobat or may be printed, then completed. Some of these forms (primarily those with a form number beginning PEMH) reside on the Oakland County Probate Court's web site, while other forms (most documents having form numbers beginning with "PC") are linked directly to the State Court Administrative Office web site forms.
Note: Fiduciaries are responsible to maintain and have available their Letters of Authority. The Court does not provide them to or fax them to a doctor, hospital, school, funeral home, etc.
When the required forms are completed, bring them to:
Oakland County Probate Court
First Floor-East Wing
Oakland County Courthouse
1200 N. Telegraph Road
Pontiac, MI 48341-0457
Maps & Directions to the Courthouse.
Forms to start a guardianship may be mailed to the above address provided they contain all signatures. There is no filing fee to start a guardianship of an individual with a developmental disability.
Forms to Start a Guardianship of an Individual with Developmental Disability
The following Petition for Appointment and Report to Accompany are filed to open the guardianship. They must also be filed at the 5 year expiration date of a "partial guardianship " unless otherwise ordered by the court. Review the Information Sheet and Instructions for assistance in completing.
If needed,Affidavit and Order Excusing Respondent's Presence (PEMH 1100)
Forms Used for a Guardianship of an Individual with Developmental Disability
The following document is used after an individual has been appointed "guardian of the person " and must be filed each year by the due date listed on the Letters of Guardianship. This document can be mailed to Probate Court at the address given above.
The following documents are used by the individual who has been appointed "guardian of the estate ". An inventory of the estate must be filed within 56 days of appointment. Accounts regarding the status of the estate must be filed annually by the due dated listed on the Letters of Guardianship.
If appointed both as guardian of the person and estate, all of the above forms are required.
Forms to Modify or Terminate a Guardianship of an Individual with Developmental Disability
The following document is used to ask the court's permission to modify or terminate a case. It can be mailed to the address given above and may be set for hearing.
Information for Court Appointed Attorneys