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Probate Court: Essential Functions

Administrative Order No 2020-2, which was rescinded by Administrative Order No. 2020-19(1) on June 26, 2020, outlined essential functions for each trial court. Although AO 2020-2 was rescinded, “courts shall continue to process those cases listed as essential functions in addition to other cases as courts return to full capacity under the terms of Administrative Order No. 2020-14.  Accordingly, under AO 2020-2 and AO 2020-19, the following probate matters are essential: (1) proceedings regarding involuntary mental health treatment under Chapter 4 of the Mental Health Code, MCL 330.1400 et seq.; (2) petitions for immediate funeral/burial arrangements pursuant to MCL 700.3206 and MCL 700.3614; (3) emergency petitions filed by Adult Protective Services under MCL 400.11b(6); (4) emergency petitions for guardianship pursuant to MCL 700.5312; (5) emergency conservatorships and other protective orders pursuant to MCL 700.5407 in those cases with immediate pending evictions/foreclosures/shut off notices; (6) estates where immediate access to residence is necessary under MCL 700.5407; (7) ex-parte requests for temporary restraining orders; (8) with regard to proceedings involving mental health and guardianship matters, courts shall permit the use of video technology unless a health and safety issue requires an in-person appearance. The court may hear other emergency motions at its discretion.

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