File for a Rogers guardianship
Contact for File for a Rogers guardianship
Probate and Family Court locations
The Details of File for a Rogers guardianship
What you need for File for a Rogers guardianship
To become a Rogers guardian, you'll need to file:
- Petition for Appointment of Guardian for an Incapacitated Person (MPC 120). In this form, you need to specifically request the authority to administer antipsychotic medication or other “extraordinary” medical treatment. You must check the box at #14, “to treat Respondent with antipsychotic medication in accordance with a Treatment Plan” or “for the treatment or action.”
- Bond (MPC 801). The Bond promises that the petitioner agrees to submit to the jurisdiction of the court. Since this appointment doesn't authorize the guardian to control the respondent's assets, the guardian’s bond may be without sureties. The Bond requires the estimated value of the real estate and the personal estate belonging to the respondent (the person the petitioner thinks needs assistance).
- Medical Certificate Guardian or Conservatorship (MPC 400) for an incapacitated person who is mentally ill. The exam of the respondent must take place within 30 days of each hearing date. The medical certificate must be signed by a registered physician, a licensed psychologist, or a certified psychiatric nurse clinical specialist.
- Clinical Team Report (MPC 402) for an incapacitated person who is developmentally delayed. The exam of the respondent must have taken place within 180 days of the day the petition is filed. The Clinical Team Report must be signed by a physician, a licensed psychologist, and a social worker.
- Clinician's Affidavit as to Competency and Treatment (MPC 800). The Clinician’s Affidavit must be completed by a licensed physician, psychiatrist, or certified psychiatric nurse clinical specialist who treats the respondent or has evaluated the respondent.
There are no filing fees for guardianship petitions.
While a Petition for Guardianship is pending, if an emergency exists, the court may appoint a temporary guardian for a specific purpose, for a specific length of time (usually 90 days).
If you need help, please see learn how to get help with filing for guardianship.
How to file File for a Rogers guardianship
File for a Rogers guardianship in the Probate and Family Court in the county where:
- The respondent lives, or
- A will nominating a guardian could be probated, or
- An incapacitated person is admitted to a facility pursuant to a court order
Next steps for File for a Rogers guardianship
The court will issue a citation with a “return date.” Anyone who objects must do so by filing an appearance form by the return date. The citation must be delivered to the respondent in person (“in hand”) by a disinterested person (someone who has no involvement in the case). Other interested parties will receive the notice by mail or in person. If you don't know where an interested party lives, the court will order the petitioner (the person who files a petition in court) to publish the citation in the respondent’s local newspaper. If warranted, a fee waiver may be granted by the court to cover the cost of publication.
At the time of the hearing, the petitioner needs to submit proposed Findings of Fact and a proposed Treatment Plan (MPC 825). The Treatment Plan includes the antipsychotic medication(s) being proposed (with dosage and dosage range) and lists any alternative medications that might be implemented within the next 12 months.
The court will require a CARI (criminal record check) of the proposed guardian.
If the judge decides the respondent is competent to make their own decisions, the guardianship petition will be dismissed.
If the court finds that the guardianship should be allowed, and that the Rogers Treatment Plan should be approved, the court will issue a decree, findings, and approve a treatment plan. The court will appoint a guardian (who may be the petitioner(s) or a different person), and a Rogers monitor. The guardian and the Rogers monitor may be the same person or 2 different people.
The guardian must file an initial Guardian's Care Plan/Report (MPC 821) 60 days after the appointment of a permanent guardian.
More info for File for a Rogers guardianship
The court will set a review date for 1 year after the permanent decree. At the yearly review, the court will consider reports submitted and either:
- Continue the treatment plan for another year if there are no changes, or
- Approve a new (different) treatment plan, or
- If a doctor has determined that the incapacitated person doesn't need to continue taking antipsychotic medications, and has regained the ability to make their own decisions, dismiss the guardianship.
The guardian, respondent, or any other interested party may request a court hearing whenever circumstances require it.
Nursing home admission
After a Decree and Order of Appointment of a Guardian of an Adult has issued, if the guardian wants to admit the incapacitated person to a nursing facility for 60 days or less, they must file a Notice of Intent to Admit to a Nursing Facility for Short Term Services (MPC 829).
If a nursing home stay of more than 60 days is anticipated or becomes necessary, a Petition to Expand/Modify/Limit the Powers of a Guardian (MPC 220) will need to be filed.
Downloads for File for a Rogers guardianship
Contact for File for a Rogers guardianship