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- Guardianship of a Developmentally Disabled Individual (DD)
Guardianship of a Developmentally Disabled Individual (DD)
PLEASE READ BEFORE PROCEEDINGThis information is not intended to be legal advice, but a brief explanation of the basic procedure that is required. Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you. You are not required to have an attorney; however, the Court cannot act as your attorney. If you do not understand process or have questions on what to do, you will need to obtain other assistance. |
Guardianship of a Developmentally Disabled Individual
If an adult is not able to make decisions or care for themselves because of a mental or physical condition that existed before the age of 22 and that condition is likely to continue indefinitely, a petition may be filed to request that the Court appoint a guardian for the developmentally disabled person. Any person interested in the welfare of the developmentally disabled person may file this petition.
Petition to Modify/Terminate Guardianship of a Developmentally Disabled Individual
If a change needs to be made to the guardianship, a petition to modify the guardianship can be filed. If the guardianship is no longer needed, a petition to terminate the guardianship can be filed.
Objection
If you do not agree with a Petition that has been filed, you may file an Objection along with filing fee of $20.00. A copy of you Objection must be mailed or hand-delivered to interested parties and a Proof of Service must be filed with the Court.
| Forms Needed |
|---|
| Objection Form (PDF) | SH 366a |
| Proof of Service (PDF) | PC 564 |
Annual Report for DD Guardianship
Each year, the guardian must complete an Annual Report to file with the Court. This report is due once a year. The due date can be found on the second page of the Letters of Guardianship.
| Forms Needed |
|---|
| Annual Report (PDF) | PC 663 |
| Proof of Service (PDF) | PC 564 |
| Interested Persons Defined Form (PDF) | Form |
Inventory
If you are appointed guardian of the estate, an inventory of the protected estate must be filed within 56 days of your appointment. A copy of the inventory must be mailed or hand-delivered to interested parties and a proof of service must be filed with the Court when the inventory is submitted.
| Forms Needed |
|---|
| Inventory - Conservatorship Form (PDF) | PC 674 |
| Proof of Service (PDF) | PC 564 |
| *MC 97 - Protected Personal Identifying Information Form (PDF) | MC 97 |
| Interested Persons Defined Form (PDF) | Form |
*Use MC 97 if you are providing financial account numbers. Do not provide account numbers on the Inventory form.
Account
If you are appointed guardian of the estate, you are required to file an Account no more than 56 days of the anniversary of your appointment as guardian of the estate. An Account is a yearly report of incoming income and outgoing expenses filed yearly with the Court. A Final account is due within 56 days of the end of your authority as guardian of the estate. A copy of the Account must be mailed or hand-delivered to interested parties and a Proof of Service must be filed with the Court.
| Forms Needed |
|---|
*Use MC 97 if you are providing financial account numbers. Do not provide account numbers on the Inventory form.
Withdrawal of Petition
If you have filed a Petition that you would like to withdraw, a Withdrawal of Petition form may be filed.
| Withdrawal of Petition Form (PDF) | SH 511 |