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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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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.
An individual interested in the person's estate, affairs, or welfare.
Interested parties include:
The following may be additional interested persons required by law or court rule:
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.
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.
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:
The Waiver/Consent (Form PC561 (PDF)) may be made by:
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.
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.
The timeline is as follows: