Fill and Sign the Probate Information Guardianships Acting for the Disabled

See other side for more rights PC 626 (2/18) NOTICE OF RIGHTS TO ALLEGED INCAPACITATED INDIVIDUAL MCL 700.5306a Approved, SCAO JIS CODE: NLI STATE OF MICHIGAN PROBATE COURT COUNTY OF NOTICE OF RIGHTS TO ALLEGED INCAPACITATED INDIVIDUAL FILE NO. Court address Court telephone no. Notice that a Petition for a Guardian has been Filed: A petition has been filed in this court asking that a guardian be appointed to help you make personal decisions for you that you now make for yourself. • If a guardian is appointed for you, the guardian will make decisions for you, such as what medical care you receive and where you live. • A guardian will be responsible to get services for you that will help you return to managing your own affairs as soon as possible. • This notice states all of your rights as to this matter. A guardian ad litem may be appointed by the court to more fully explain these rights to you. A guardian ad litem will give you this notice and do the following. - The guardian ad litem must visit you in person. - The guardian ad litem must explain the nature, purpose, and legal effects of the appointment of a guardian. - The guardian ad litem must inform you that a guardian may have the power to execute a do-not- resuscitate order or physician orders for scope of treatment (POST) form on your behalf and to place a do-not-resuscitate identification bracelet on you unless you object. The guardian ad litem must also inform you that you may ask the court to review a do-not-resuscitate order or physician orders for scope of treatment (POST) form that has been executed on your behalf. - The guardian ad litem must explain your rights about the guardianship hearing. - The guardian ad litem must inform you that you can object to the petition, request limits on the guardian’s powers, object to a particluar person being appointed as your guardian, come to the hearing, and be represented by an attorney and, if you cannot afford an attorney, to have one appointed at public expense. You have certain rights before and at the court hearing on the petition to appoint a guardian for you. • You have the right to have the guardianship case started and conducted where you reside or are present, or if you have been admitted to an institutuion by a court, in the county in which that court is located. • You have the right to file a petition on your own behalf to have a guardian appointed for you. • You have the right to be represented by an attorney. If you cannot afford an attorney, you can ask the court to appoint one for you at public expense. • You have the right to have a guardian ad litem appointed to represent you if you are not represented by an attorney.• You have the right to get an independent evaluation of your condition at your own expense. If you cannot afford to pay for the evaluation, the court will approve reasonable costs at public expense. • You have the right to be present at the hearing. If you wish to be present at the hearing, all practical steps must be taken to ensure your presence, including moving the site of the hearing. • You have the right to see and hear all the evidence presented during the hearing. • You have the right to present evidence and cross-examine witnesses at the hearing. • You have the right to a trial by jury. • You have the right to request that the hearing be closed to the public. • You have the right to be personally visited by the guardian ad litem, if one is appointed. • You have the right to be informed of the name of each person asking to become your guardian. If a guardian ad litem is appointed, you have the right to be informed of these names by the guardian ad litem. • You have the right to be given written notice of the nature, purpose, and legal effects of the appointment of a guardian.• You have the right to choose the guardian you would like the court to consider appointing, if that person is suitable and willing to serve. • You have the right to have your incapacity and the need for a guardian proven by clear and convincing evidence. Rights When a Guardian is Appointed: You have certain rights after a guardian is appointed. • You have the right to have the guardian’s powers and the time period of the guardianship be limited to only the amount and time necessary. • You have the right to have a guardianship that encourages the development of your maximum self- reliance and independence. • You have the right to prevent a guardian from having powers that are already held by a valid patient advocate. • You have the right to have a periodic review of your guardianship by the court. You have the right to a hearing and to have an attorney appointed if issues are discovered during the review. • You have the right to send an informal letter to the judge asking that your guardianship be modified or ended. • You have the right to have a hearing within 28 days of requesting a review, modification, or termination of your guardianship. • If a petition to modify or terminate your guardianship is filed, you have the same rights as those on the petition to appoint a guardian, including appointment of a guardian ad litem. • You have the right to get personal notice of a petition to appoint or remove a guardian. • You have the right to consult with the guardian about major decisions affecting you, if meaningful conversation is possible. • You have the right to be visited by your guardian at least once every three months. • You have the right to have the guardian notify the court within 14 days of a change in your residence. • You have the right to have the guardian secure services to restore you to the best possible state of mental and physical well-being so you can return at the earliest possible time to managing your own affairs. Contact the court if you have any questions.