CLOSING PRO
GUARDIANSHIP FOR AN INDIVIDUAL
WITH A DEVELOPMENTAL DISABILITY
Note: The Court is prohibited by law from providing legal advice. This item provides general information concerning the closing procedures for a guardianship for an individual with a developmental disability and may be useful as a guide. If you have any questions, consider reviewing the Guardianship for an Individual with a Developmental Disability heading under the Frequently Asked Question (FAQ) section of the website, contacting an attorney for assistance, or calling the Mental Health Services Department of Wayne County Probate Court at (313) 224-5825.
Note: A DD ward may communicate their desire to terminate or modify their
guardianship by any means, including oral communication or informal
letter.
Closing upon Death of Ward: There is no fee. The guardian files a photocopy of the death
certificate and the case is closed by the Court. A final form PC 663, Report of Guardian on
Condition of Individual with Developmental Disability, can also be filed with
the death certificate but is not required.
Important Note: A partial guardianship for an individual with
developmental disabilities automatically
closes after five (5) years.
If
you are a guardian of the estate (i.e., conservator), you must also file a
final account. See Account Instructions
for more information.
The Following Procedures Apply to
Attempting to Terminate a Guardianship for an Individual with a Developmental
Disability Before the Ward’s Death:
|
Filing Fee |
None Note: Petition would be filed at the Probate Counter, Room 1307, Coleman A. Young Municipal Center.
|
|
Form(s) Used |
PC 677, Petition to Terminate\Modify Guardianship for Alleged Developmentally Disabled Individual |
|
Who can File |
Anyone interested in the welfare of the
individual with developmental disabilities can file a petition to terminate
the guardianship. |
|
Interested Persons |
Only list new
interested persons and\or change of addresses for any interested persons since
the guardianship was opened. If an
interested person is not included or is not properly served, the hearing
cannot be held. |
|
Hearing Date |
Your Petition
will be set for hearing. Typically,
the hearing date is 3-5 weeks after the petition is filed. Your Hearing
Reminder form displays the correct date, time, place, and assigned
Judge. You, the Petitioner, must attend the hearing or your Petition
will be dismissed.
|
|
Guardian ad Litem/
Attorney |
The
Court may appoint a Guardian ad Litem (GAL) to investigate the situation and
make a recommendation to the court prior to the hearing. The GAL is not an employee of the court but
a licensed practicing attorney assigned by the court. |
|
|
Rev. 3/20