Issue of the Month: Probate Court of Kent County

Last month I presented the 17th District Court of Kent County. The Kent County Probate Court occupies the same building, but in different courtrooms and with different judges. The Probate Court is a court of statutory jurisdiction concerned with the protection of incapacitated or mentally ill individuals and their assets, and the proper transfer of assets at death. Protection of incapacitated adults involve guardianships, guardianships of minors, and guardianships for persons with developmental disabilities. If a guardian is appointed, the Court must monitor the guardianship, making sure the guardian is performing in the best interests of the individual being protected. The Probate Court also hears petitions for Protective Orders, civil actions where a person or party is suing a trust or estate, and gets involved in minor issues such as change of name and handling the disposition of an estate where there is no will. There are currently four Probate Court judges in Kent County. The work of the Probate Court has grown by nearly 30 percent in the past five years. Most of this increase is because of an increase in need for appointment of guardians. The growing aging population is causing some of this increase, but also an increasing workload addressing mental commitment cases. The Probate Court has nearly 1200 minors under guardianship. Guardians are either paid through the private assets of the protected person, or in the case of indigent persons, the state pays $45/month for guardianship services. During the summer of 2011 our Probate Court was audited along with Wayne, Saginaw, and Ingham Probate Courts to assess the effectiveness of Probate Courts. The Kent County Probate Court showed favorable results in comparison with the other counties.