Oakland County recently announced that beginning Sept. 4 all new guardianships and/or conservatorships petitions must have a named nominee when the petition is presented for filing. It will no longer be acceptable to state “Next Public Administrator” on the petition. Without a nominee, the petition will not be accepted at the counter, as it is incomplete.
This will also include agencies such as APS, DHS, hospitals, etc. If there is no nominee and the petitioner would like a list of potential fiduciaries, a list of professional guardians will be provided. The petitioner is required to contact the professional guardians to determine if they would be willing to accept the nomination, prior to naming them on the petition.
When contacted, the professional guardians will determine if they are willing to accept the nomination. If the petitioner is unable to find someone who is willing to accept the case, the petition will not be accepted for filing. It is the petitioner’s responsibility to find a suitable person to serve.
If the petition is complete and accepted for filing, but at the hearing, the person who is nominated in the petition declines to serve or is unsuitable, the petition will be adjourned for approximately 30 days to give the petitioner the opportunity to find a suitable nominee. If they are unable to find a suitable person to serve, the petition will be denied.
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