Oakland County Probate Court General Information Sheet For Attorneys For Individuals With Alleged Developmental Disabilities printable pdf download

OAKLAND COUNTY PROBATE COURT

GENERAL INFORMATION SHEET

for Attorneys for Individuals with Alleged Developmental Disabilities

Faxed to Attorney:

Date:

Name

For hearing date

Time:

You have

cases. Attached are the Petitions, Notices of Hearing and Orders Appointing Attorney

PLEASE BE ADVISED OF YOUR DUTIES AND COURT REQUIREMENTS

Service

You must personally serve your client(s) with the Petition and Notice of Hearing at least 7 days prior to the hearing.

Verbally inform them of their rights under MCL 330.1617. Complete and file a Proof of Service at least 3 days prior

to the hearing (it may be faxed). Make a reasonable effort to question your client(s) concerning their preferences

regarding the proposed guardian(s). Report their preferences to the court at the hearing. MCL 330.1628(2).

If your client is in a facility, contact the director or other representative to make an appointment. Be sure to take your

copy of your Order Appointing Attorney with you. Personally serve a copy of the Petition and Notice of Hearing on the

director or representative. If your client resides in a state institution, the director or the director’s representative must

perform the actual service on the individual and sign the Proof of Service.

Attendance

You are not personally responsible to transport the individual to the hearing. If the individual’s attendance “would

subject him/her to serious risk of physical or emotion harm,” then file an Affidavit and Order Excusing Respondent’s

Presence prior to the hearing. It must be signed by a physician or psychologist who has recently examined the

individual and notarized. MCL 330.1617(4).

You must make sure that the person who prepared the report, or at least one of the persons who performed an

evaluation, is present and gives testimony at the hearing. MCL 330.1617(5) If the parents prepared the report,

an evaluator must testify. The court does not require, but does prefer, that the proposed guardian attend the hearing.

SUBSTITUTION OF COUNSEL IS NOT ALLOWED WITHOUT PRIOR COURT APPROVAL. You are

expected to appear promptly at the scheduled hearing time.

After the Hearing

You must return to the counter to assist the newly-appointed Guardian(s) in filing the Acceptance of Appointment

and/or Bond of Fiduciary. You must serve your client with the Notice of Right to Request Dismissal of Guardian or

Modification of Guardianship Order PC 661 and file an original with the court with the proof of service completed on

the bottom of the form. You must serve the Order Appointing Guardian on all interested parties. The Court will release

you as attorney only once a Proof of Service on the Order Appointing Guardian is filed.

Copies/Forms/Billing

IT IS YOUR RESPONSIBILITY to make the copies of the Petition, Notice of Hearing and the Order Appointing

Guardian for service and to obtain any necessary forms from our website at For billing

instructions, go to “Attorney Resources.”

1200 N. Telegraph Rd., Pontiac, Michigan 48341

Tel. 248-858-0260 Fax 248-452-2016

DD ATTORNEY FAX INFORMATION SHEET

PEMH 1133 (5/16)

Oakland County Probate Court General Information Sheet For Attorneys For Individuals With Alleged Developmental Disabilities