The Kalamazoo County Probate Court supervises nearly 1200 guardianships of adults and minors (sometimes called wards). The adults who have guardians are unable to manage their personal affairs, or if a minor, it has been determined that the parents are temporarily incapable of carrying out their duties to manage the personal affairs of the minor.
The guardian of an adult has the same powers, rights and duties with respect to the adult that a parent has with respect to the parents of an un-emancipated minor. The guardian is entitled to custody of the adult and may establish the adult's place of abode. The guardian must make provisions for the care, comfort, and maintenance of the adult and, when appropriate, arrange for the ward's training and education. The guardian must secure services to restore the adult to the best possible state of mental and physical well-being so that the ward can return to self-management at the earliest possible time. A guardian may give a consent or approval that may be necessary to enable the adult to receive medical or other professional care, counseling, treatment, or services.
The guardian of the adult has other duties as defined by statute. The Court may limit the authority of the guardian to the extent that the adult is able to make responsible personal decisions. The limitations of the authority of the guardian are determined at the hearing that results in the appointment of the guardian.
The guardian of a minor has powers and duties similar to the powers and duties of the guardian of an adult. Usually, the minor lives with the guardian.
Guardians must annually file a report with the Court. This report details the condition of the adult or minor, any medical care received by the adult or minor, and the reason for the continuation of the guardianship. The report must also set forth the condition of the estate of the adult or minor, if the estate is subject to the guardian's possession or control.
A person who ends up in the position of guardian is often surprised that the law imposes such a great responsibility on that position. After reviewing many reports from guardians and hearing comments of guardians, wards subject to guardianship and their relatives, attorneys and the public, the Probate Court decided that guardians need assistance in the performance of their duties to increase services to adults and minor wards.
The Role of the Probate Advocate
The Probate Advocate Program is staffed primarily by senior citizen volunteers. Probate Advocates undergo extensive training before being sworn in as Court officers. The volunteers serve as the Court's "eyes and ears" as they visit wards and guardians. All visits are documented, with reports filed in the ward's legal file.
Rather than assigning cases to the volunteers, Probate Advocates select the cases they choose to visit. If problems are discovered by the volunteers, they can make referrals to community-based resources, recommend that further services be provided by case aides, (case aides are Probate Advocates who have undergone additional training and/or hold graduate degrees in the social services), or suggest that the Court hold emergency review hearings.
The Probate Advocate contract is best described as brief service. Unless a case is assigned, the volunteers visit on only one occasion. The Probate Advocate Program serves approximately 200 cases annually.
Requirements of the Probate Advocate
The first step in becoming an Advocate with the Probate Court is to telephone the Program Coordinator at 269-384-8193. The Probate Advocate Program office is located in the Probate Court at 150 East Crosstown Parkway, Kalamazoo, Michigan.
Following an interview, the Court will complete a screening process, which includes two personal references, police background checks at the state and local levels, and a drug screen. These checks serve to protect the wards and the confidential information regarding their circumstances.
The final step is a two-day training in Probate Law and the role and responsibility of being a Probate Advocate. All Advocates become sworn officers of the Court at a ceremony with the Presiding Judge of Probate and are issued photo ID cards.
All Probate Advocates must:
- Be able to commit to one year's service.
- Be able to commit to two to four hours of volunteer service per week.
- Have personal transportation.
- Successfully complete the screening and training process.
