The court can not give legal advice or assistance. If you have legal questions or need assistance you will need to contact an attorney of your choice. The court can not accept incomplete documents. Documents must be completed in ink and be legible.
A guardian is a person who is appointed by the court to make decisions for an individual who is no longer capable of making medical decisions or decisions regarding living arrangements.
The adult must reside in Barry County or be found in Barry County for the court to accept a petition for an adult guardianship.
A $150.00 filing fee must accompany the petition. The cost for a certified copy of the letters of guardianship is $12.00. Fees are nonrefundable.
The appointment of a guardian ad litem is required. A guardian ad litem is a disinterested third party (an attorney) who is appointed to meet with the adult, review the petition and explain the rights of the individual to the adult. The guardian ad litem is required to file a report with the court and make a recommendation to the court. The court will issue an order appointing a guardian ad litem. Unless the petitioner is indigent, the petitioner is expected to pay for the services of the guardian ad litem.
The Report of Physician/Mental Health Professional of Alleged Incapacitated Individual must be completed by the adult’s physician or mental health worker and must be filed with the court prior to the hearing date. The Report should accompany the Petition.
The alleged incapacitated individual must be personally served with the necessary documents 7 days prior to the hearing. The guardian ad litem normally provides this service and provides the court with a proof of service.
Individuals entitled to notification of a guardianship proceeding must be served by mail at least 14 days prior to the hearing or at least 7 days prior to the hearing if the individual is personally serviced. The court must have the proof of service 5 days prior to the court hearing. If the individuals are not served notice as required, the court will adjourn the hearing.
Please see the following list: Forms for Adult Guardianships for information on where to obtain the forms online. See the note regarding the forms required when the petition is submitted.
Page Last Modified: August 20, 2007 at 2:19 pm