An individual is considered Developmentally Disabled under the Michigan Mental Health Code when they meet the following criteria:
For an individual over the age of five, he or she must have a severe, chronic condition which includes all of the following:
• It is attributable to a mental or physical impairment or a combination of mental and physical impairments.
• It manifested before the individual is 22 years old
• It is likely to continue indefinitely
• It results in substantial function limitations in three or more of the following areas of major life activity:
• Receptive and expressive language
• Capacity for independent living
• Economic self-sufficiency
• It reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.
For an individual from birth to age five, he or she must possess a substantial developmental delay or specific congenital or acquired condition with a high probably of resulting in developmental disability as defined above if services are not provided.
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 education 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.
INITIAL FILING (NO FEE COLLECTED)
PC658 Petition for Appointment of Guardian, Individual with Alleged Developmental Disability– Instructions for completion are included
DHS-1929 Central Registry Clearance Request – Complete and deliver to Clinton County DHS office (one for each guardian)
Guardian Proof of Identity – Complete and provide a copy of drivers license (one for each guardian)
PC562 Notice of Hearing – Court will initially provide form and hearing information to petitioner
PC564 Proof of Service – court will provide - For Petition and Notice of Hearing, stating you did serve all interested parties
Once you file your petition, an Attorney ad litem and Community Mental Health will be appointed to visit the proposed ward, gather information about the proposed guardian, draft a report and make recommendations to the judge at the hearing.
PC571 Acceptance of Appointment – court will provide
Notice of Duties for Guardianship of Individual with Developmental Disability – court will provide
PC662 Letters of Guardianship of Individual with Developmental Disability – court will provide
PC660 Order Appointing Guardian for Individual with a Developmental Disability – court will provide
DUE ANNUALLY DURING ADMINISTRATION*
PC663 Annual Report Of Guardian On Condition Of Legally Incapacitated Individual
PC674 Inventory - if mentioned in notice of duties
PC585A Petition to Allow Accounts - if mentioned in notice of duties
PC564 Proof of Service
Income Reporting Statement - if mentioned in notice of duties
Please note that Clinton County Probate Court is prohibited by law from giving legal advice on any of the above proceedings other than to answer your specific questions regarding filing requirements. You should consult with an attorney if you have specific legal questions regarding which method of administration to use given your specific circumstances. MCL 700.1211.
*Clinton County does not send out reminders of upcoming due dates, or bills for fees.