Conservatorships
When an individual is unable to manage his or her property such that it will be wasted or dissipated, or funds are needed for the support, care, and welfare of the individual or those entitled to be supported by that individual, the Court may appoint a conservator for that individual. Additionally, when a person recognizes a need for assistance with assets due to age or physical infirmity, he or she may request that a conservator be appointed. Finally, a conservator may also be appointed for a minor based on the circumstances.
Anyone interested in the individual’s estate, affairs, or welfare can petition the Court to have a conservator appointed. Once a petition is filed with appropriate accompanying forms and documentation, the Court will appoint a guardian-ad-litem for the individual to be protected and a hearing will be scheduled. Prior to the hearing, all interested parties must receive proper notice of the proceeding.
If the Court appoints a conservator, the conservator is given authority to manage the assets and must exercise appropriate care in doing so. The conservator must follow specific statutory duties like filing an inventory and completing an annual accounting. If the conservator fails to fulfill his or her fiduciary responsibilities, or fails to exercise the appropriate standard of care, the Court may remove the conservator.
To learn more about the filing fees and procedure required for a Conservatorship, please see the following section, or the Conservatorship Handout.
- Forms and Fees
- Resources for a Conservator
- Interested Persons
- Service
- Hearing Date
- Appointment of a Guardian ad Litem
- Suitability of Proposed Conservator
- Terms and Definitions
- Frequently Asked Questions
- Responsibilities of a Conservator
- Attorney for the Petitioner
- Statutes, Court Rules and Resources
Fees
- Filing fee to start each conservatorship is $175.
- We accept cash, money order, or check made out to Cass County Probate Court
- DO NOT MAIL CASH.
Forms to Start a Conservatorship
- Petition for Appointment of Conservator and/or Protective Order — PC 639
- Cass County Form – Testimony to Identify Interested Parties (physical copies of this form may be obtained at the Probate Court Office)
- Notice on Petition for Conservator or Protective Order — PC 668
- What You Need to Know before Filing a Petition to Appoint a Conservator — PC 667
- Acceptance of Appointment — PC 571
- Bond of Fiduciary — PC 570 if required
- Criminal History Authorization Form for Proposed Conservator (physical copies of this form may be obtained at the Probate Court Office)
Forms that May be Required Once the Conservatorship is Granted
- Inventory (Conservatorship) — PC 674 (Required for all Conservatorships)
- Account for Fiduciary, short form — PC 583 or long form PC 584
- Petition to Allow Account(s) — PC 585a
- Proof of Restricted Account and Annual Verification of Funds on Deposit (Conservatorship of Minor) — PC 669
Forms to Modify or Close a Conservatorship
As a fiduciary, the Conservator has many statutory duties and must exercise an appropriate level of care when handling the assets of the ward. Some of the required duties include filing an inventory and the annual accounting. For minor conservatorships, Proof of Restricted Funds must be filed annually. Depending on the assets involved, the Court may require that the Conservator obtain a bond. Below are some resources that a fiduciary may find helpful:
- Notice of Duties of Conservator
- State Bar of Michigan – Probate Information, Conservatorship Page
- Handout Regarding Interested Persons for Accounts and Reports
The interested persons need to be listed on the petition, along with their proper address. If an interested person is not included or is not properly served, the hearing cannot be held. Per MCR 5.125(C)(25), the interested persons in a Petition for Appointment of a Conservator are:
- The individual to be protected if 14 years or older (must be personally served);
- The presumptive heirs of the individual to be protected.
- If no heirs, then the Attorney General.
- If known, a person named as attorney in fact under a Durable Power of Attorney;
- The nominated Conservator; and
- Any governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending.
- Social Security Administration, Veteran’s Affairs, Department of Health and Human Services, etc.
- A guardian or conservator that has been appointed by the court in another state to manage the protected individual’s assets.
- Additional interested persons per MCR 5.125(A), may include:
- Any guardian, conservator, or guardian ad litem for an interested person;
- Any attorney who has filed an appearance;
- Any special fiduciary;
- Any person who has filed a request for notice.
The Petitioner must serve a copy of the Petition and Notice of Hearing on the person to be protected and all interested persons. The interested parties must be served 14 days prior to the hearing if served by mail, or 7 days prior to the hearing if served personally. The person to be protected must be served personally and must be served with PC 668 – Notice of Petition for Conservator or Protective Order. The Petitioner must then submit a Proof of Service (PC 564) prior to the hearing date confirming that all interested persons were served.
Publication may be completed for interested persons whose address or whereabouts are unknown. MCR 5.105(A)(3). In such situations, the Petitioner must complete PC 617 – Declaration of Intent to Give Notice by Publication and PC 563 – Publication of Notice of hearing. The notice must be published in a Cass County newspaper once at least 14 days prior to the hearing. The publication fee is paid directly to the newspaper. For more information on publication, you may wish to contact the newspaper directly. Leader Publications is commonly used as they publish several papers in Cass County. The newspaper will provide the Petitioner with a Proof of Publication, which the Petitioner must file with the Court prior to the hearing. An interested person can waive notice of a hearing and consent to the relief requested in the petition by completing PC 561 Waiver/Consent. MCR 5.104(B)(1).
The petition will be set for a hearing by the Court. Typically, the hearing date is 4-6 weeks after the petition is filed. The petitioner must attend the hearing, or the petition will be dismissed.
The Court must, by law, appoint a Guardian ad Litem (GAL) to represent the interests of the individual to be protected, unless the person has their own attorney. MCL 700.5406(2). It will be the GAL’s responsibility to visit the person and make a recommendation to the court as to whether or not the conservatorship is needed. The GAL charges a fee for their service, which is the responsibility of the Petitioner to pay. This fee does not have to be paid at the time of the filing, but the Court will seek reimbursement from the petitioner at a later date.
To evaluate the suitability of the proposed conservator, the Court will request a criminal history check of the proposed fiduciary. Therefore, the proposed conservator will need to complete the Criminal History Authorization form and submit it to the Court along with a copy of their driver’s license. This form and the results of the search will be maintained confidentially.
Petition
The form filed with the Probate Court that tells the Court why a conservatorship is needed and who should be appointed.
Petitioner
The person who signs the petition and brings the matter to the attention of the court.
Protected Individual
The subject of the petition who is believed to be in need of a conservator.
Conservator
The person appointed by the Court to manage another person’s financial affairs.
Ward
Once the Judge determines that the Respondent is legally incapacitated and needs a guardian, he/she is named a Ward of the Guardian.
Guardian
The person appointed by the Court who has legal authority to make decisions on behalf of a legally incapacitated individual regarding the person and his/her wellbeing.
Guardian ad Litem
A person appointed by the Judge to investigate and represent the best interests of the respondent.
Legally Incapacitated Individual
An adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause to the extent that the person lacks sufficient understanding or capacity to make or communicate informed decisions.
- When is a Conservatorship necessary?
-
A conservator is a fiduciary appointed by the Court to manage the assets of another individual. A conservatorship may be necessary if an individual is unable to manage his/her property and business affairs effectively because of:
- Mental illness
- Mental deficiency
- Physical illness or disability
- Chronic use of drugs
- Chronic intoxication
- Confinement
- Detention by foreign power
- Disappearance
And, the individual’s property will be wasted or dissipated unless proper management is provided or funds are needed to provide support, care, and welfare to the individual or his/her dependents. Also, an individual who is mentally competent can request the appointment of a conservator if they are unable to manage his/her property effectively because of age or physical infirmity. MCL 700.5401
- Are there any alternatives to a Conservatorship?
-
There may be some alternatives to a conservatorship, which are mentioned on form PC 667, which is included in this packet. When filing a petition for conservatorship, the petitioner must sign this form acknowledging that they have read the information.
- Who can file the petition?
-
The petition can be filed by the person to be protected, any person who is interested in the individual’s estate, affairs, or welfare, or any person who would be adversely affected by the lack of effective management of the individual’s property and business affairs. MCL 700.5404(1).
- Where do you file the petition?
-
The proper venue for a conservatorship petition is the county in which the individual to be protected resides. If the individual to be protected resides outside of Michigan, but has property in Michigan, the petition should be filed in the county where the property is located. MCL 700.5403.
- What are the rights of the individual to be protected?
-
The subject of the conservatorship proceeding must be personally served with PC 668 – Notice on Petition for Conservator or Protective Order, which notes the individual has the right to:
- An independent evaluation;
- Be present at the hearing;
- Be represented by an attorney;
- Present evidence and cross-examine witnesses;
- A trial by jury;
- Request that the hearing be closed to the public.
- What happens after the hearing?
-
If the Probate Judge is satisfied that the statutory grounds for a conservatorship have been established by clear and convincing evidence, the Judge may appoint a conservator for the protected individual. MCL 700.5401. The Judge may require that the conservator obtain a bond. MCL 700.5410. If ordered, it is the conservator’s responsibility to obtain the necessary bond and file it with the Court for approval. The conservator cannot act until Letters of Conservatorship are issued, which are issued only after the conservator has filed an acceptance and furnished the required bond. MCL 700.5412(1)
The conservator is accountable to the protected person, the heirs, and to the court for all action that he/she may take on the protected individual’s behalf. The conservator should be aware of all the obligations required by law and must understand that he/she has a duty to act in the best interest of the ward, to not commingle funds (no joint accounts), to avoid conflicts of interest, and to keep adequate records. Applicable statutes noting duties include MCL 700.5416 through MCL 700.5433.
These are not the only duties of the conservator. The conservator must file certain documents with the court. An inventory must be filed within 56 days of appointment (PC 674). MCL 700.5417 and MCR 5.409. An accounting must be filed each year (PC 583 or PC 584) along with a Petition to Allow Account (PC 585a). MCR 5.409. There is a $20 filing fee for each account. A copy of these filings must be served on the interested parties and the protected individual, who have a right to object.
The Court will send out a pre-notice reminder along with the necessary paperwork around the due date of these filings. In order to complete the accounting, the conservator should keep track of all income, gains, losses, and expenses throughout the year. A final accounting must be filed if the conservator is removed or resigns, and when a conservatorship is terminated.
As a reminder of the required filings, the Court will mail the conservator a Notice of Duties after appointment. An example can be found at the last page of this handout. *The court cannot assist the conservator in filling out the required filings. Failure to file the inventory or annual accounts can result in the suspension of the conservator’s authority.
The law regarding conservatorships is complex, and the court personnel cannot give you legal advice or act as your attorney. Failure to understand the applicable law and court rules is not an excuse for non-compliance. Therefore, it is recommended that the Petitioner seek the advice of an attorney. This informational packet and forms are provided to help you understand the procedure involved. It is not a complete statement of the law and it is not intended to teach you the law. If you have legal questions, you will need to speak with an attorney.
- The Michigan Compiled Laws (MCL) that are referenced in this document can be accessed through this link.
- Many resources can be found on the Michigan Courts website, including the current court rules and the Probate Court forms.
Legal Resources
- State Bar of Michigan
- Legal Resource and Referral Center -
- Michigan Legal Help
- Legal Aid of Western Michigan. Contact: (800) 819-0773