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1. When is a conservatorship necessary?

1. Appointment can be requested by the individual to be protected.
   • When an individual because of age or physical infirmity is unable to manage his/her property and affairs effectively.
2. Appointment can be requested by another individual.
   • The individual has property which will be wasted or dissipated unless proper management is provided
   • Money is needed for support, care, and welfare of the individual or those entitled to be supported by the individual
   • Protection is necessary or desirable to obtain or provide money.
   • When the individual is unable to manage his/her property and affairs effectively by reasons such as:
     • Chronic intoxication
     • Chronic use of drugs
     • Confinement
     • Detention by a foreign power
     • Disappearance
     • Mental illness
     • Mental incompetency
     • Physical illness or disability

2. Who may file the petition?

An individual mentally competent but due to physical infirmity needs a conservator.

An Individual interested in the person's estate, affairs, or welfare. 

3. Where do you file the petition?

Filing can be done:

• In the court at the place in this state where the individual to be protected resides whether or not a guardian has been appointed in another place.
• If the individual to be protected does not reside in this state, in the court at a place where property of the individual is located.

4. Who are the interested persons?

Interested persons include:

• A governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending
• If known, a person named as attorney in fact under a durable power of attorney
• The individual to be protected if 14 years of age or older
• The nominated conservator
• The parents of the individual to be protected
• The presumptive heirs of the individual to be protected

The following may be additional interested persons required by law or court rule:

• Administrator of Veteran's Affairs, through the administrator's Michigan district counsel if the individual's benefits are payable by the Veterans' Administration
• The Attorney General if the protected person has no known presumptive heirs
• Foreign counsel, if required by law
• A guardian, conservator, or guardian ad litem of an interested person
• A person who filed a demand for notice
• A special fiduciary

5. Who prepares the Notice Of Hearing?

A petitioner, fiduciary, or other moving party must cause to be prepared, served, and filed, a Notice Of Hearing (Form PC562 (PDF)). It must state the time and date, the place, and the nature of the hearing.

6. What must be included in the Proof of Service?

The Proof of Service (Form PC564 (PDF)) must include a description of the papers served, the date of service, the manner and method of service and the person or persons served.

7. What are the rights of the individual at the hearing?

The Notice on Petition for Conservator or Protective Order (Form PC668 (PDF)) must be served on the individual along with the petition, which lists the rights as follows:

• Independent evaluation
• To be present at the hearing
• To be represented by an attorney
• To cross-examine witnesses at the hearing
• To nominate a conservator
• To present evidence at the hearing
• To request that the hearing be closed to the public
• To a trial by jury

8. Who can waive the right to notice of a hearing and consent to the relief requested in the petition?

The Waiver/Consent (Form PC561 (PDF)) may be made by

• A legally competent person
• On behalf of an interested person, whether competent or legally disabled, by an attorney who has previously filed a written appearance
• A person designated to be served on behalf of an interested person who is a legally disabled person

However, a guardian, conservator, or trustee cannot waive or consent with regard to petitions, motions, accounts, or reports made by that person as guardian, conservator or trustee

9. When does the notice have to be served?

Servicing times are as follows:

• Personal service - 7 days before the date set for hearing
• Mail - 14 days before the date set for hearing
• Publication - 14 days before the date set for hearing

10. What is the form of the petition and its contents?

1. Petition For Appointment of Conservator or Protective Order (Form PC639 (PDF))

2. Contents - The petition shall contain specific examples of the individual's recent conduct that demonstrates the need for a conservator's appointment.

11. What does the Court do upon the filing of a Petition For Appointment of Conservator or Protective Order?

The timeline works as follows:

1. Set a hearing date.
2. Appoint a guardian ad litem to represent the individual who is the subject of the petition unless he/she has legal counsel of his/her own choice.
3. If necessary, the court may order that the individual who is the subject of the petition be examined by a physician or mental health professional appointed by the Court.

12. On what does the Court base a decision?

The Court must find that a basis for a conservator's appointment or other protective order is established by clear and convincing evidence.

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1. When is a conservatorship necessary?

When the minor owns money or property that requires management or protection that cannot otherwise be provided. When the minor has or may have business affairs that may be jeopardized or prevented by minority or when the minor needs money for support and education and that protection is necessary or desirable to obtain or provide money.

2. Who may file the petition?

   An individual interested in the person's estate, affairs, or welfare. 

3. Where do you file the petition?

File;

• In the court at the place in this state where the individual to be protected resides whether or not a guardian has been appointed in another place
• If the individual to be protected does not reside in this state, in the court at a place where property of the individual is located

4. Who are the interested persons?

Interested parties include:

• A governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending
• If known, a person named as attorney in fact under a durable power of attorney
• The individual to be protected if 14 years of age or older
• The nominated conservator
• The presumptive heirs of the individual to be protected

The following may be additional interested persons required by law or court rule:

• Administrator of Veteran's Affairs, through the administrator's Michigan district counsel if the individual's benefits are payable by the Veterans' Administration
• The Attorney General if the protected person has no known presumptive heirs
• Foreign counsel, if required by law
• A guardian, conservator, or guardian ad litem of an interested person
• A person who filed a demand for notice
• A special fiduciary

5. Who prepares the Notice Of Hearing?

A petitioner, fiduciary, or other moving party must cause to be prepared, served, and filed, a Notice Of Hearing (Form PC562 (PDF)). It must state the time and date, the place, and the nature of the hearing.

6. What must be included in the Proof of Service?

The Proof of Service (Form PC564 (PDF)) must include a description of the papers served, the date of service, the manner and method of service and the person or persons served.

7. What are the rights of the individual at the hearing?

The Notice on Petition for Conservator or Protective Order (Form PC668 (PDF)) must be served on the individual along with the petition, which lists the rights as follows:

• Independent evaluation
• To be present at the hearing
• To be represented by an attorney
• To cross-examine witnesses at the hearing
• To nominate a conservator
• To present evidence at the hearing
• To request that the hearing be closed to the public
• To a trial by jury

8. Who can waive the right to notice of a hearing and consent to the relief requested in the petition?

The Waiver/Consent (Form PC561 (PDF)) may be made by:

• A legally competent person
• On behalf of an interested person, whether competent or legally disabled, by an attorney who has previously filed a written appearance
• A person designated to be served on behalf of an interested person who is a legally disabled person

However, a guardian, conservator, or trustee cannot waive or consent with regard to petitions, motions, accounts, or reports made by that person as guardian, conservator or trustee.

9. When does the notice have to be served?

• Mail - 14 days before the date set for hearing
• Personal service - 7 days before the date set for hearing
• Publication - 14 days before the date set for hearing

10. What is the form of the petition and its contents?

Petition For Appointment of Conservator or Protective Order (Form PC639 (PDF))

Contents - The petition shall contain specific examples of the individual's recent conduct that demonstrates the need for a conservator's appointment.

11. What does the Court do upon the filing of a Petition For Appointment of Conservator or Protective Order?

The timeline is as follows:

1. Set a hearing date
2. Int a guardian ad litem to represent the individual who is the subject of the petition unless he/she has legal counsel of his/her own choice
3. If necessary, the court may order that the individual who is the subject of the petition be examined by a physician or mental health professional appointed by the Court

12. On what does the Court base a decision?

The Court must find that a basis for a conservator's appointment or other protective order is established by clear and convincing evidence.

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1. What is CERT?

CERT is a training program that prepares you to help yourself, your family, and your neighbors in the event of a disaster. During an incident, emergency service personnel may not be able to reach everyone immediately. By getting trained in CERT, you will have the skills to help emergency responders save lives and protect property.

2. What do CERT teams do in an emergency?

Under the direction of local emergency responders, CERT teams help provide critical support by giving immediate assistance to victims, providing damage assessment information, and organizing other volunteers at a disaster site.  Volunteers trained in CERT also perform duties such as shelter support, crowd control, and evacuation.  The role of a CERT volunteer is to help others until trained emergency personnel respond.

3. How does CERT help the community?

In addition to supporting emergency responders during a disaster, the CERT program builds strong working relationships between emergency responders and the people they serve. CERT teams also help the community year-round by helping with community emergency plans, neighborhood exercises, preparedness outreach, fire safety education, and workplace safety.

4. What are the benefits of CERT training?

Participants learn how to:

• Apply basic medical techniques
• Assist emergency responders
• Conduct light search and rescue
• Extinguish small fires
• Help reduce survivor stress
• Identify and anticipate hazards
• Reduce fire hazards in the home and workplace
• Set up medical treatment areas

5. Who should take CERT training?

In 95% of all emergencies, the victim or bystander provides the first immediate assistance on the scene. Would you know what to do? CERT training takes about 20 hours to complete and provides critical skills in emergency preparedness and response.

Types of people who should take the training include:

• Communities of faith
• Community leaders
• Members of clubs and civic organizations
• Neighborhood Watch groups
• Parents
• People interested in taking an active role in hometown preparedness
• Scouting and youth organizations
• Students, teachers, and administrators

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1. What is a CPL?

A Concealed Pistol License (CPL) also referred to as a CCW, allows an individual to carry a pistol concealed in certain areas.

2. Where can I obtain a CPL?

CPL applications can be obtained at the Cass County Sheriff's Office, Monday through Friday from 10 a.m. to 4:30 p.m. An application can also be picked up at the Cass County Clerks Office.

3. Will I need to take a CPL Class?

Yes. All CPL applicants will need to take a class before a CPL can be obtained. Classes are available at local gun clubs and dealers.

4. Where can I not carry a pistol with my CPL?

CPL laws are constantly changing. The most current information about CPL laws is available at the Michigan State Police Firearms.

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1. I need my fingerprints taken. Where can I get this done in Cass County?

Cass County Sheriff's Office does fingerprinting Monday through Friday 10:30 a.m. through 3:30 p.m. These are available through appointment only.

2. How can I obtain a copy of a Police Report?

Reports are available through the Sheriff’s Office for purchase. The price of a report is $20, cash only.  Please contact the Records Division at 269-445-8644 for more information.

3. How can I obtain a Traffic Crash Report?

Crash reports are available at the Sheriff's Office for purchase. The price of a crash report is $20, cash only. 

4. How can I get my property from the Sheriff's Office?

Please contact Evidence at extension 1217  in the Sheriff's Office for any issues with property.

5. How can I request documentation?

Some items must be requested via the Freedom of Information Act (FOIA). Please contact records for more information.

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1. How do I purchase a Handgun in Cass County?

All handgun purchases in Michigan must be done with a Purchase Permit, unless you are a valid CPL holder. These can be obtained at the Cass County Sheriff's Office Monday through Friday 10 a.m. to 4:30 p.m.

2. What do I need to get a Purchase Permit?

All that is needed to obtain a Purchase Permit is a Valid Michigan I.D. You will also be required to pass a 15 question gun safety quiz.

3. Is there a cost for a Purchase Permit?

No, there is no cost for a Purchase Permit.

4. Do I need a Purchase Permit if I have a Valid CPL?

No. You still will need to obtain a Piston Sales Record from the Sheriff's Office.

5. What do I do after I obtain my Purchase Permit and purchase my pistol?

After you have purchased the pistol, the seller will fill out the Purchase Permit information. Bring the Purchase Permit back into the Sheriff's Office. Do not bring the pistol into the Sheriff's Office.

6. Can I carry a hand gun without a CPL?

All questions about handgun use and carrying can be answered by the Michigan State Police Firearms.

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1. Real Property Tax Forfeiture and Foreclosure Flow Chart.

Real Property Tax Forfeiture and Foreclosure Flow Chart.

2. What happens after my property is foreclosed? How do I get it back?

Foreclosure is final. You cannot get your property back after it has been foreclosed. Property that has been foreclosed will be sold by the Cass County Treasurer at public auction.

3. What does it mean that my property is in forfeiture? Does that mean I lose my property?

No. Forfeiture is not foreclosure. If your property is in forfeiture you still have the right to redeem it: however, the interest and fees will be higher.

4. If I don't pay my taxes will I really lose my house and property?

Yes. If your taxes are delinquent for two years, you lose the property.

5. What is a delinquent tax?

A delinquent tax is a tax that has been forwarded to the County Treasurer for collection on March 1st of the year after it was due. For example, taxes that are billed by your City or Township Treasurer in 2007 will be turned over delinquent to the County Treasurer on March 1, 2008.

6. When and where do I pay my summer property taxes?

There are two tax bills sent out every year for all properties in the County, and if you live in one of the four Villages within the County, you will receive three tax bills. There is a summer tax billing cycle, a winter tax billing cycle and the Villages also have a tax billing cycle. Summer taxes are due and payable to your local treasurer beginning July 1 through September 14 every year. 

After September 14, your summer taxes may still be payed, with additional penalties and interest, to your local treasurer until February 28 (February 29 in a the case of a leap year). On March 1, if your taxes have not been paid, they are then delinquent and must be paid with additional penalties and interest to the County Treasurer.

7. What happens after the property taxes are delinquent and are then forwarded to the County Treasurer for collection?

The County Treasurer adds a four % administrative fee and interest of one % per month. If taxes are still delinquent after one year, the property is forfeited to the County Treasurer.

8. When and where do I pay my winter property taxes?

There are two tax bills sent out every year for all properties in the County, and if you live in one of the four Villages within the County, you will receive three tax bills. There is a summer tax billing cycle, a winter tax billing cycle and the Villages also have a tax billing cycle. Winter taxes are due and payable to your local treasurer beginning December 1 through February 28 (February 29 in the event of a leap year) every year. 

On March 1, if your taxes have not been paid, they are then delinquent and must be paid with additional penalties and interest to the County Treasurer.