If someone files for guardianship over you, you can agree to have the guardian or you have the right to say NO to the appointment of the guardian.
A person from the Court will visit you, explain your rights and give you a copy of your rights in writing. This person is called a Guardian Ad Litem or a GAL. You have the right to see the papers that were filed with court. You have the right to an attorney and if you can’t afford one the Court will provide you with an attorney at no cost to you. You have the right to ask for an independent medical exam and to ask the court to pay for the exam if you cannot.
You have the right to a hearing, to call and question witnesses, to present evidence, and to have a jury trial.
There are some differences in your rights depending on the type of guardianship ordered. A list of all your rights as an alleged incapacitated individual can be found here.
Disability Rights Michigan can provide you with information on your rights.
- Disability Rights Michigan: Guardianship: Your Rights Under Probate Code (Legally Incapacitated Individual)
You have added rights as person with a developmental disability including the automatic right to an attorney, medical reports that have to be submitted with the petition or they will be ordered by the court, and a higher standard of proof.