Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (2024)

Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (1)

Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (2)

  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (3)
  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (4)
  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (5)
  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (6)
  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (7)
  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (8)
  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (9)
  • Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (10)
 

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PETITION FOR APPOINTMENT OF [DocketNo. | Commonwealth of MassachusettsThe Trial CourtGUARDIAN FOR AN ; , Probate and Family CourtINCAPACITATED PERSON BL DaPIRG IGIn the Interests of:Jermaine LOUIS COO 0 oat Wig f DY (hy FLED DivisionJUL 22 2022PROBATE COURTThe Court shall encourage the development of maximum self-reliance and independence=dflthe GHcapbdiatéd\Person andmake appointive and other orders only to the extent necessitated by the Incapacitated Person's limitations or other conditionswarranting the procedure.1. Information about the Respondent:none: Je(MIGUNE Loujs — Collare Redi-guerPrimary Language: [[] English Other: fants Primary "ee # (74- 6 BU? gy >Date of Birth: {2-07-20} Age: 20 Gender: qPrincipal Residence: {) 2 la aacurcy IPs) uct NW bedlod — Hel oz HKress} + UNDate Residence was established: 9 Antos (20 144 >Current Address: [same as Above or [] the following address: Alleged Incapacitated Person/Respondent “tadaressy"———— «Tt, Unit, No. ete.) ___{cityTowny ——_ 7tatey- appIf this appointment is made, Respondent will reside at [_] Principal Residence [] Current Address _[[ the following address:SS) (Apt, Unit, No. etc.) (CityiTowny ‘Gtatey (ZipyRespondent is [is not alleged intellectually disabled.2, Information about the Petitioner:Name: Madeline L . Bode (Gven KoclriqveFirst Name MI Ti UTS wT13 h ress) “Cpt Unit, No. ety . ‘own} 9BPrimary Phone #: 2 4G-b 3ef- 2443 Relationship to Respondent: U oO WYE-mail: hade ommy Ser nh ayamail. Com -State your interest in the appointment: .Jermaine needs agsistanee W/ all SAtcty, Madi C4t,heath , aCKvikes of daily (iving.CD An attachment to this petition provides information on co-petitioner(s).3. The Petitioner is requesting: :to be appointed CU that some suitable person be appointed + [_] that the person named below be appointed:\4MPC 120 (10/8/19) page 1 of |Name: \ , : “ A Fst Name MA. “ 5 Tast Name(Address) Apt Unit, No. etc) ( iyTowny Ctatey TZipyPrimary Phone #: Relationship to Respondent:E-mail:——(0 An attachment to this petition provides information on co-Guardian(s).4. He or she has priority of appointment because the nominee is (choose one):(1 Nominated in a durable power of attorney by Respondent; wh Respondent's parent or a parental nominee; OR(J Respondent's spouse or a spousal nominee; [1 None of the above.State the reason the proposed guardian(s) should be appointed:Jevinains necds aistance in all areas ys oychy ; Melt CLNth , OL aCrVitres of alaiuy OVing5. This is a Petition for appointment of a (choose one):© Limited Guardian. State the powers being sought:O to apply for health insurance benefits including MassHealth on behalf of Respondent;(2 to obtain copies of statements or any other records from banks, insurance companies, or other financialinstitutions verifying balances and transactions of accounts standing in the name of the Incapacitated Person,individually or jointly with another.(J Other:ORdb General Guardian. State the reasons why a Limited Guardianship is inappropriate:Termaine has Pown Syndrome ) ine llechialAis abi iy and need& GSdistance ‘in all ATeA® of med cat,. GY eeriimal Care. . .6. A Medical Certificate dated With an examination having taken place within 30 days of the filing of the petition or, ifRespondent is alleged to be intellectually disabled, a Clinical Team Report dated with an examination having takenplace within 180 days of the filing of the petition:mt is filed with this Petition or is on file with the Court (Docket No. );ORCO is not filed with this Petition and is not on file with this Court.If a Medical Certificate or Clinical Team Report is not filed with this Petition, or on file with this Court, you must immediatelfile and present a motion requesting that the Court permit it to be filed late or waive the filing requirement. An affidavit musaccompany the motion explaining why it is impossible to file a Medical Certificate or Clinical Team Report with this Petition. 7. The reason a guardianship Is necessary is detalled in the most recent Medical Certificate or Clinical Team Reportfiled with this petition or is described as follows:Dee Chinen Team KPT8. The nature and extent of Respondent's alleged incapacity is detailed in the Medical Certificate or Clinical TeamReport filed with this petition or is described as follows:See C$Kerecal Gearon KFT |MPC 120 (10/8/19) page 2 of 69, List Respondent's:A. Spouse, ifany,B. Children, any. lfnone, ist parents and brothers and sisters or, if none, list heirs apparent or presumptive,C. Current Guardian in the Commonwealth or elsewhereD. Nominated Guardian in the Commonwealth or elsewhere;E. Curent Conservator in the Commonwealth or elsewhere;F, Health Care Agent;G. Durable Power of Attorney/Agent;H. Representative Payee: andlor|. Caretaker in the last 60 days, Name Primary Address Primary Phone ( aT a tisit 11 Spouse f Representative Payee CMinori ‘lng (13 | 4 H-£34 Di chi [1] Heath Care Proxy 1] IncompetentNew f d i) Y YR (7 Guardian [ Durable Power Holder: Nominated Guardian [7] Had care & custody in the lastge, HA hoo 46 ae 60 days.chon cham SY\ Le fave | [1 Spouse [7 Representative Payee 1 Minor[ui 568 a0 g2- | cena [1 Heath Cae Proy C7 eanpeentCo [ h A} Q\ wor gS y i C7 Guardian [] Durable Power HolderPrarer® (ammo P E:00764[J] Nomingted Guardian ([] Had care & custody in the last[i Gonservator “Oday.Relative: Delii (relationship LI Spouse (7 Representative PayeeD child [J] Health Care ProxyL Guardian [J Durable Power Holder[]] Nominated Guardian [] Had care & custody in the last[J Conservator 60 days.L Relative:HONNNNNNN NINN NNN eeos69 NNN NNN NN C1 MinorL IncompetentInformation/Explanation: NoL Uncertain 10, Does the Respondent have, in the Ifyes, a copy of the | (Ifa Petition has been filed but notCommonwealth or elsewhere: document is; allowed, please list Court and 'Docket Number of pending case)Yes and the person's information is listed at 0.9 [AttachedA current Guardian? No LJ Unavailable(1 Uncertainve and the person's information is listed at Q.9 [Uf AtachedIA document nominating a Guardian? ONo [1 Unavailable ][J] Uncertaina Yes andthe person's information ised at 9 Cy Ateched1A current Conservator? ar LZ Unavailablemei AN\ Aive and the person's information is listed at Q.9 [statedIA Representative Payee? [No (1 Unavailable(] UncertainJ Yes and the person’ information is isted at 0.9 [7 Ateched_|AHealth Care Agent? a No [1 Unavailable MS[J UncertainYes and the person's information is listed at 0.9 (7 AttachedIA Durable Power of Attormey/Agent? (1) Unavailable44.Respondent [] has ahhes has not executed a MOLST (Medical Orders for the usta Treatment)12. Respondent [] Is d is not entitled to benefits from the Department of Veterans Affairs or [7] Uncertain.13. Does Respondent have any assets, e.g. bank accounts, property? 0 Yes df No [] Uncertain. If Yes, identify: Description of Assets, e.g. Bank Accounts, Property, Insurance, PensionsDO NOT INCLUDE NAMES OF INSTITUTIONS OR ACCOUNT NUMBERS Estimated Value of Property Total O (J An attachment to this petition provides additional information. 14. Does Respondent have any anticipated income? a Yes [] No [J Uncertain. If Yes, identify:Description of Income; e.g. Social Security, Interest Amount of Anticipated MonthlyDO NOT INCLUDE NAMES OF INSTITUTIONS OR ACCOUNT NUMBERS. Income or Receipts socal Security 6447 ob Vouk |Total | $ YU 2. TO/mo. ( An attachment to this Petition provides additional information.15. (] Petitioner seeks specific Court authorization:(1 to admit Respondent to a nursing facility;(7) to treat Respondent with antipsychotic medication in accordance with a treatment plan;tor the following treatment or action for which a substituted judgment determination may be required:Che DRC CAT? / [nee x teed(7 to revoke the Health Care Proxy of Respondent. WHEREFORE, PETITIONER REQUESTS THAT THIS HONORABLE COURT:Appoint af PetitionerOo First Name MI LastName(Some suitable personas [limited guardian(s) a general guardian(s) of Respondent, with any specific authorization as may be requested iparagraph 15 above.MPC 120 (10/8/19) | page 5 of 6fVo _. thhPetitioner requests the Court Waive sureties on the Bond for the following Teasons:The Respondent has minimal funds to be managed and requiring sureties Would place a financial burden on theRespondent. .[A Conservator is appointed or is being requested.(Other:(7 In addition, Petitioner requests that the Court:COALVE fOOVIACE fVotHE SIGNED UNDER THE PENALTIES OF PERJURY| affirm or swear under oath that | have read the foregoing Petition and that the statements set forth therein are true and correct tcthe best of my knowledge.soe 2 ]-2 B22 Hodeli Codys fsSignature of PetitionerDate: Signature of Co-petitioner (if applicable){assent to the foregoing Petition: Print Name SignatureDate .DateDateDateAttorney for PetitionerSignature of Attomey(Print name)Toss TBE Unt, No etey—TeiyrTawny Wiatey 2)Primary Phone:B.B.O. #E-mail:MPC 120 (10/8/19)page 6 of 6

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Petition for Appointment of Guardian of Incapacitated Person July 22, 2022 (2024)

FAQs

How to have someone declared incompetent in Michigan? ›

To make a request to the court, a concerned person must file a request on a legal document called a petition. Where is the Petition Filed? The petition must be filed in the probate court in the county where the individual lives or is located.

What are the disadvantages of guardianship? ›

If you gain guardianship, your child loses the freedoms he or she would have as an adult. The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.

Why would a guardian be appointed in a will quizlet? ›

The court MAY appoint a guardian ad litem to represent the interests of an incapacitated person. The guardian ad litem has a duty to protect the person in a manner that will enable the court to determine what action will be in the person's best interest.

Can a legal guardian deny visitation in California? ›

See §310(e); 411(e). guardianship cannot consent to visits or express interest in visits. Several stat es specify that evidence of prior relationships is a sufficient basis to presume consent or refusal to consent to visits.

What is an example of legally incapacitated? ›

Legal incapacitation may be the result of severe injuries (including that of a spinal cord injury or TBI) suffered from: A slip and fall; A dog attack; A motorcycle accident.

How to get a power of attorney for someone who is incapacitated in Michigan? ›

To make a valid POA in Michigan, you must sign it or have someone sign it for you in your presence if you can't physically sign the document. If you want the POA to be durable, you must have two witnesses or a notary public present. If you use witnesses, neither can be the person you appoint as your agent.

What are the liabilities of being a guardian? ›

A guardian of the estate owes a fiduciary duty to the child. This means that the guardian must exercise special care in managing the child's money and property and must manage them only in the child's interest. The guardian may not use the child's money to benefit themselves or anyone else except the child.

What are the ethical issues of guardianship? ›

Guardians must ensure the ward's well-being while also considering whether the ward wants the treatment in question. Ethical dilemmas may arise when the ward's autonomy to make decisions and choices conflict with the guardian's view of what is in the ward's best interests.

What are the pros of legal guardianship? ›

The guardianship proceeding helps mitigate bad behavior, such as if a loved one is refusing to take medication, refusing to be placed in a safe environment, highly aggressive, reclusive, locked in the house, subject to financial exploitation or spending money or without care.

What does it mean to be appointed guardian? ›

Guardians are legal representatives appointed by a court to take care of individuals who are unable to take care of themselves. The person for whom a guardian is appointed is referred to as the ward. Wards can be either minor children or adults who are considered incapacitated.

Which of the following is true once a guardian has been appointed for a person? ›

Which of the following is true once a guardian has been appointed for a person who has been adjudicated insane? If a person has been adjudicated insane and has a guardian appointed, that person has no capacity to enter into contracts and any contract he does attempt to enter into is void.

How is a guardian chosen? ›

The general process of appointing guardianship is that a parent will nominate a guardian, and then the court must approve the selection.

What is parent guardian consent? ›

The purpose of a parent/guardian consent form is: 1. To provide parents/guardians with adequate information about a study so that they may make a fully informed decision regarding whether to: a. consent to their child's participation in the study and/or b.

What is the family code 3105? ›

(a) The Legislature finds and declares that a parent's fundamental right to provide for the care, custody, companionship, and management of the parent's children, while compelling, is not absolute.

What is a caregiver's authorization affidavit? ›

A Caregiver's Authorization Affidavit is a form you fill out and give to a child's school or health care provider. You can use the form to enroll the child in school or get medical care for the child. California law says what exactly should be in the form. California law also says who can use this form.

How is incapacity determined in Michigan? ›

(a) "Incapacitated individual" means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate ...

How do you prove someone is incapable of making decisions? ›

In California, the determination of legal incompetence or incapacity is typically made through a legal process. The court takes into account evidence of impaired judgment, cognitive decline, or other indicators of incapacity. This requires medical and/or psychological evaluations from professionals.

Can a mentally incompetent person give consent? ›

Affirmative Consent cannot be given by a person who is incapacitated.

Who can determine capacity in Michigan? ›

Michigan Law

A determination of incapacity in Michigan requires a probate court finding by clear and convincing evidence. The court must then make a further finding that a guardian is “necessary as a means of providing continuing care and supervision of the incapacitated individual.”MCL 700.5306(1).

References

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Introduction: My name is Dong Thiel, I am a brainy, happy, tasty, lively, splendid, talented, cooperative person who loves writing and wants to share my knowledge and understanding with you.