Conservatorships
It is important to note that conservatorships are established with the ultimate goal of providing protection and support to individuals who lack the capacity to manage their financial affairs. The court takes these matters seriously and strives to ensure that any restrictions imposed by the conservatorship are tailored to meet the specific needs of the individual.
If you are considering pursuing a conservatorship for your family member, I strongly recommend consulting with an experienced probate attorney in Michigan. They can guide you through the legal process, help you understand your responsibilities as a conservator, and ensure that the best interests of your family member are protected.
A conservatorship is a legal arrangement designed to protect and manage the finances of an individual who lacks the capacity to make informed decisions about their affairs.
A fiduciary appointed to manage the finances of a protected person is a conservator. Conservatorships and Guardianships have a lot of similarities. Therefore, it is important for conservators to understand and fulfill their separate duties diligently. Compliance with court orders and transparency in financial management, including regular accountings, are crucial aspects of fulfilling the role of a conservator.
Powers and Duties of Conservator
Manage and Control Property: A conservator has the authority to manage and control the property of the protected individual (ward).
Collect Income and Assets: The conservator can collect income, rent, and other assets due to the ward.
Make Investments: A conservator may make investments on behalf of the ward, adhering to the standards applicable to fiduciaries and trustees under Michigan law.
Make Contracts and Legal Actions: The conservator has the power to enter into contracts, initiate or defend legal actions, and take any legal action necessary to protect the ward's estate.
Manage Benefits: A conservator can manage and apply for public benefits, insurance, pensions, or other entitlements on behalf of the ward.
Pay Debts and Expenses: The conservator is authorized to pay the ward's debts, expenses, and the cost of their support.
Conduct Business Affairs: If the ward is engaged in business, the conservator may continue or discontinue the business as deemed appropriate.
Fiduciary Duty: The conservator owes a fiduciary duty to the ward and must act in their best interests, managing the estate with prudence, loyalty, and care.
Inventory and Accountings: Within 56 days of appointment, the conservator must file an inventory of the ward's assets with the court. Additionally, annual accountings are required to provide a detailed report of the financial transactions and status of the estate.
Notice to Interested Parties: The conservator must provide notice to interested parties as required by the court, including the ward, relatives, any bonding company, and others with a legal interest in the estate.
Approval for Certain Actions: The conservator may need court approval for certain actions, such as the sale of real estate.
Care of Ward: While the primary focus is on financial matters, a conservator may be involved in decisions related to the ward's care if authorized by the court.
Wayne County Probate Court
1305 Coleman A. Young Municipal Center
Two Woodward Avenue
Detroit, Michigan 48226
(313) 224-5706
probateservice@wcpc.us
Monroe County Probate Court
125 East Second Street Monroe,
Michigan 48161-2197
(734) 240-7000
probateclerks@monroemi.org
Oakland County Probate Court
1200 N. Telegraph Road
Pontiac, MI 48341
(248) 858-1000
ProbateGC@Oakgov.com
FAQs about Conservatorships in Michigan
What is a conservatorship, and when is it necessary?
A conservatorship is a legal arrangement in which a court appoints an individual or entity (the conservator) to manage the financial affairs of someone who lacks the capacity to do so. It becomes necessary when an individual is unable to make informed decisions about their financial matters due to incapacity.
How is a conservatorship initiated?
The process typically begins with the filing of a petition with the probate court in the county where the individual resides. The petition outlines the reasons for seeking a conservatorship and provides details about the individual's incapacity, including any supporting medical and financial information of the protected individual.
What factors does the court consider in appointing a conservator?
The court considers evidence presented during a hearing, including medical assessments, to determine if the individual is indeed incapacitated and if a conservatorship is necessary. The court may also inquire into the assets of the protected person requiring management. Lastly, the court also takes into account the preferences of the protected individual when appointing a conservator.
Who can be appointed as a conservator?
Any competent adult can potentially serve as a conservator. However, the court considers the best interests of the individual when making the appointment. Family members, friends, or professionals may be appointed, depending on the circumstances and ability to care for the protected person.
What are the powers and duties of a conservator in Michigan?
A conservator in Michigan has the authority to manage and control the financial affairs of the protected person. This includes collecting income, making investments, paying bills, and taking legal actions to protect the individual's estate. The conservator must act in the best interests of the protected person.
How long does a conservatorship last?
The duration of a conservatorship can vary. If the individual's capacity is restored, the conservatorship may be terminated. It may also end upon spend down of the protected person’s assets, as well as the death of the protected person. Some conservatorships are established for a specific period, depending on the circumstances and need of the protected person.
How does the court monitor a conservatorship?
The court continues to oversee the conservatorship to ensure the conservator fulfills their duties. The conservator is required to file an initial inventory of assets, as well as annual reports and accountings, providing details of financial transactions and the status of the estate and supporting receipts.
Can a conservatorship be contested in Michigan?
Interested parties, including family members or the individual subject to the conservatorship, can contest a conservatorship.
Can the protected person have a say in the choice of conservator?
Yes, the court may consider the preferences of the protected person when appointing a conservator. If the individual has expressed a preference, the court will take that into account, but it is not the sole determining factor.
How can I, as a family member, support the conservatorship process?
Supporting the conservatorship process involves providing relevant information, cooperating with the court, and working collaboratively with the appointed conservator to ensure the best interests of the protected person are met. In the event that you are administering estate assets, ensure detailed records and receipts are kept for annual accounting purposes.
Please note that this FAQ is intended as a general guideline and should not be considered legal advice. If you have specific questions or need legal assistance related to conservatorships, it is advisable to consult with an experienced attorney who specializes in conservatorships matters.
-
Powers and Duties of a Guardian and Michigan's MCL 700.5314
When it comes to guardianship over a protected persons in Michigan, it's crucial to understand the legal framework governing the powers and responsibilities of guardians for protected individuals. In this blog post, we'll delve into the details of this statute and explore the powers and duties of a guardian for a protected person.
-
Guardianship in Michigan — The Process of Being Appointed Guardian of a Protected Individual
The appointment of a guardian involves a detailed legal process, and guardians are vested with specific powers and duties to protect the best interests of the person under their care. This blog post explores the powers and duties of guardians in Michigan and outlines the process of appointing a guardian, who can be considered, and a guardian’s right and duties.
-
Protecting Personal Information: Recent Updates in Michigan Probate Filing Requirements
Michigan courts have updated court rules and filing requirements in order to remove protection of personal information (PII) from the public Michigan probate system. In this blog post, we'll discuss the recent updates in Michigan Courts that aim to safeguard personal information and introduce the newly required probate filing forms.