What Annual Reports Must Guardians File With The Probate Court in Michigan?

 

Guardians appointed by the probate court in Michigan to legally incapacitated individuals, developmentally disabled individuals, and minors have a number of duties and responsibilities to comply with.  Among these include the duty to file annual reports with the court on the condition of the ward.  This blog article will explain these reporting requirements in detail.

 

GUARDIANS FOR LEGALLY INCAPACITATED INDIVIDUALS

For a legally incapacitated person, the guardians has “[t]he duty to report the condition of the ward and the ward’s estate that is subject to the guardian’s possession or control, as required by the court, but not less often than annually.”  MCL 700.5314(j).  This report must contain all of the following:

• “The ward’s current mental, physical, and social condition.” MCL 700.5314(j)(i).

• “Improvement or deterioration in the ward’s mental, physical, and social condition that occurred during the past year.” MCL 700.5314(j)(ii).

• “The ward’s present living arrangement and changes in his or her living arrangement that occurred during the past year.” MCL 700.5314(j)(iii).

• “Whether the guardian recommends a more suitable living arrangement for the ward.” MCL 700.5314(j)(iv).

• “Medical treatment, including mental health treatment, received by the ward.” MCL 700.5314(j)(v).

• “Whether the guardian has executed, reaffirmed, or revoked a do-not-resuscitate order on behalf of the ward during the past year.” MCL 700.5314(j)(vi).

• “Whether the guardian has executed, reaffirmed, or revoked a nonopioid directive form on behalf of the ward during the past year.” MCL 700.5314(j)(vii).

• “Whether the guardian has executed, reaffirmed, or revoked a physician orders for scope of treatment form on behalf of the ward during the past year.” MCL 700.5314(j)(viii).

• “Services received by the ward.” MCL 700.5314(j)(ix).

• “A list of the guardian’s visits with, and activities on behalf of, the ward.” MCL 700.5314(j)(x).

• “A recommendation as to the need for continued guardianship.” MCL 700.5314(j)(xi).

“A guardian shall file a written report annually within 56 days after the anniversary of appointment and at other times as the court may order.”  MCR 5.409(A).  This report is made by completing Form PC 634 (Annual Report Of Guardian On Condition Of Legally Incapacitated Individual) and filing it with the probate court in the county where the appointment occurred.  “The guardian shall also serve the report required… on the ward and interested persons as specified in the Michigan court rules.”  MCL 700.5314(j).  “The persons interested in receiving a copy of the report of the guardian… of a legally incapacitated individual on the condition of a ward are:”

• “The ward, if 14 years of age or older.” MCR 5.125(C)(24)(a).

• “The person who has principal care and custody of the ward, if other than the guardian.” MCR 5.125(C)(24)(b).

• “For an adult guardianship, the spouse and adult children or, if no adult children are living, the presumptive heirs of the individual.” MCR 5.125(C)(24)(c).

The guardian must complete Form PC 564 (Proof of Service) indicating all of the interested persons that were served with the annual report of guardian and file it with the court.

 

GUARDIANS FOR DEVELOPMENTALLY DISABLED INDIVIDUALS

“The guardian of the [developmentally disabled] person, plenary or partial, shall file with the court at intervals indicated by the court, but not less often than annually, a report which shall contain statements indicating:”

• “The individual’s current mental, physical, and social condition.” MCL 330.1631(2)(a).

• “The individual’s present living arrangement and a description and the address of every residence where the individual lived during the reporting period and the length of stay at each residence.” MCL 330.1631(2)(b).

• “An assessment of the adequacy and appropriateness for the ward of treatment and residential programs in the ward’s current residence and a statement on whether the ward will continue to live at the current residence or whether the guardian recommends a more suitable alternative residence.” MCL 330.1631(2)(c).

• “A summary of the medical, educational, vocational, and other professional services given to the individual.” MCL 330.1631(2)(d).

• “A resume of the guardian’s visits with and activities on behalf of the individual.” MCL 330.1631(2)(e).

• “A recommendation as to the need for continued guardianship.” MCL 330.1631(2)(f).

• “A statement signed by the standby guardian, if any have been appointed, that the standby guardian continues to be willing to serve in the event of the death, incapacity, or resignation of the guardian.” MCL 330.1631(2)(g).

• “An accounting of all financial transactions made by the guardian involving the ward’s estate.” MCL 330.1631(2)(h).

• “Other information requested by the court or useful in the opinion of the guardian.” MCL 330.1631(2)(i).

“For the purpose of filing this report…, the guardian shall be given access to information, reports and records from facilities, a community mental health board or agency, court staff, a public or private entity or agency, or a suitable person that are necessary for the guardian to perform his or her duties.”  MCL 330.1631(3).  “The court shall review the report… and take whatever action it considers necessary.”  MCL 330.1631(4).

This report is made by completing Form PC 663 (Annual Report Of Guardian On Condition Of Individual With Developmental Disability) and filing it with the probate court in the county where the appointment happened.  A guardian of a developmentally disabled individual’s estate is also considered a “fiduciary” under the Estates and Protected Individuals Code and must also file accounts regarding the status of the estate at least annually (and at the same time as the annual report).  MCL 330.1632.

 

GUARDIANS FOR MINORS

“A guardian must report the condition of the ward and of the ward’s estate that is subject to the guardian’s possession or control as ordered by the court on petition of a person interested in the minor’s welfare or as required by court rule.”  MCL 700.5215(f).  “The report must detail the condition of the ward, medical or mental health treatment or care to which the ward was subjected, and what reason, if any, exists for the continuation of the guardianship.”  Id.

“A guardian shall file a written report annually within 56 days after the anniversary of appointment and at other times as the court may order.”  MCR 5.409(A).  This report is made by completing Form PC 654 (Annual Report Of Guardian On Condition Of Minor) and filing it with the probate court in the county where the appointment happened.  This form also requests information on the living arrangement of the minor, the minor’s social activities, and parenting time with the minor’s parents.

“The persons interested in receiving a copy of the report of a guardian of a minor… on the condition of a ward are:”

• “The ward, if 14 years of age or older.” MCR 5.125(C)(24)(a).

• “The person who has principal care and custody of the ward, if other than the guardian.” MCR 5.125(C)(24)(b).

• “For a minor guardianship, the parents of the minor or, if neither of them is living, any grandparents and the adult presumptive heirs of the minor.” MCR 5.125(C)(24)(d).

The guardian must complete Form PC 564 (Proof of Service) indicating all of the interested persons that were served with the annual report of guardian and file it with the court.

 

FAILURE TO COMPLY WITH ANNUAL REPORTING REQUIREMENTS

If the guardian of a legally incapacitated individual, developmentally disabled individual or minor fails to file the annual report as required by law, the first step the probate court will take is to send Form PC 600 (Notice of Deficiency) to the guardian and his or her attorney at their last known address.  “The court must notify the fiduciary, the attorney for the fiduciary, if any, and each of the sureties for the fiduciary of the nature of the deficiency, together with a notice to correct the deficiency within 28 days, or, in the alternative, to appear before the court or an officer designated by it at a time specified within 28 days for a conference concerning the deficiency.”  MCR 5.203(A).  “For good cause, the court may extend the time for performance of required duties for a further reasonable period or periods, but any extended period may not exceed 28 days and shall only be extended to a day certain, but… the total period as extended may not exceed 56 days.”  MCR 5.203(C).

If the guardian fails to cure the deficiency as directed, then the court can suspend the guardian and appoint a special guardian.  MCR 5.203(D).  The court may also direct the guardian to appear and show cause why he or she should not be held in contempt of court punishable by fines or even jail time.  The court can also remove the guardian from his or her position and assess costs and attorneys fees incurred due to the deficiency.  The consequences are serious, so it is important that the guardian does not neglect these important duties.

 

A SKILLED PROBATE ATTORNEY CAN HELP GUARDIANS COMPLY WITH THEIR REPORTING REQUIREMENTS

For new guardians, the annual reporting requirements can be an overwhelming and daunting task.  However, guardians can employ an attorney at the expense of the ward’s estate to assist them in complying with their duties to further the guardianship.  Don’t risk being suspended as guardian because you ignored your responsibilities.  Get legal counsel in your corner right away to ensure you are doing everything that is expected of you.

If you have further questions about guardianships or need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC for assistance today.