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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.