A conservator is someone appointed by the Probate Court with control of and responsibility for financial assets and property of another person.
A petition for conservatorship is filed in the county where the person to be protected resides. If he or she does not live in Michigan, the petition is brought in the county where property of the would-be protected person is located. MCL 700.5304
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The filing fee for an adult conservatorship petition is $175.00. In addition, there is a $12.00 fee for certified letters of authority that must be paid in advance. Payment may be made in cash, check, money order, credit or debit card. Petitioners meeting the criteria set forth in MCR 2.002 may qualify for a waiver of the filing fee or cost of service of process.
Parties who must be given notice of hearing and a copy of the petition for adult conservatorship by the petitioner are listed at MCR 5.125(A) and (C)(24). The proposed protected individual is such a party.
New conservators are required to attend Fiduciary Training. The training lasts approximately one hour and addresses preparation of the inventory, preparation of accounts, and related issues. If a conservator was not scheduled to attend the training at the time of appointment, he or she may request to attend by calling the probate clerk's office at (734) 222-3072.
An inventory of the protected estate must be filed within 56 days of the conservator's appointment. (PC 674). A copy of the inventory must be mailed or hand-delivered to interested parties and a proof of service must be filed with the Court when the inventory is submitted. (PC 564). Interested parties are defined under Michigan Court Rule 5.125(A) and Michigan Court Rule 5.125(C)(27).
An annual account and proof of service is due no more than 56 days of the anniversary of the issuance of the letters of conservatorship. Final account is due within 56 days of the end of a conservator's authority.
Commonly used adult conservatorship forms are:
An index of all approved probate court forms is located at http://courts.mi.gov/Administration/SCAO/Forms/Pages/Probate-Court-Index.aspx.
Failure of a conservator to comply with statutory requirements or Court orders may result in suspension of authority, removal of the conservator, and/or contempt of court proceedings.
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