MUPC Article V procedural outline - S. Post petition actions

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

1. Petition for removal, resignation, termination of a guardian or conservator
   1. If Petitioner is seeking the appointment of a Successor (due to removal or resignation), a new Petition for Appointment of Guardian for Adult must be filed.
      1. There is no separate form for the appointment of a Successor Guardian or CoGuardian. In either case, the Petition for Appointment of Guardian for Adult shall be filed.
      2. If a Petition for Removal or Resignation and a Petition for Appointment of Guardian for Adult seeking a successor Guardian’s appointment are filed concurrently, there is no filing fee for the Petition for Appointment of Guardian for Adult.
      3. A new Medical Certificate/Clinical Team Report is necessary if seeking to have a successor Guardian appointed.
   2. If the Petition seeks a Termination, Medical Certificate for Termination of Guardianship and/or Conservatorship must be filed with the Petition.
2. Petition to expand, modify or limit the powers of a guardian and/or conservator
   1. A new Medical Certificate/Clinical Team Report is necessary.
   2. This form shall be used in place of the General Petition form previously used to address such issues. The filing fee shall be the fee for filing a General Petition.

3. Admission to a nursing facility

   If a Decree and Order of Appointment of a Guardian of an Adult has issued and the Guardian thereafter seeks to admit the incapacitated person to a nursing facility, the Petition to Expand, Modify or Limit the Powers of a Guardian and/or Conservator shall be filed.