When an individual is unable to manage his or her property such that it will be wasted or dissipated, or funds are needed for the support, care, and welfare of the individual or those entitled to be supported by that individual, the Court may appoint a conservator for that individual. Additionally, when a person recognizes a need for assistance with assets due to age or physical infirmity, he or she may request that a conservator be appointed. Finally, a conservator may also be appointed for a minor based on the circumstances.
Anyone interested in the individual’s estate, affairs, or welfare can petition the Court to have a conservator appointed. Once a petition is filed with appropriate accompanying forms and documentation, the Court will appoint a guardian-ad-litem for the individual to be protected and a hearing will be scheduled. Prior to the hearing, all interested parties must receive proper notice of the proceeding.
If the Court appoints a conservator, the conservator is given authority to manage the assets and must exercise appropriate care in doing so. The conservator must follow specific statutory duties like filing an inventory and completing an annual accounting. If the conservator fails to fulfill his or her fiduciary responsibilities, or fails to exercise the appropriate standard of care, the Court may remove the conservator.
To learn more about the filing fees and procedure required for a Conservatorship, please see the following section, or the Conservatorship Handout.
FORMS & FEES REQUIRED FOR A CONSERVATORSHIP
- Filing fee to start each conservatorship is $175.
- We accept cash, money order, or check made out to Cass County Probate Court
- DO NOT MAIL CASH.
FORMS TO START A CONSERVATORSHIP
- Petition for Appointment of Conservator and/or Protective Order PC 639
- Cass County Form – Testimony to Identify Interested Parties
- Notice on Petition for Conservator or Protective Order PC 668
- What You Need to Know before Filing a Petition to Appoint a Conservator PC 667
- Acceptance of Appointment PC 571
- Bond of Fiduciary PC 570 if required
- Criminal History Authorization Form for Proposed Conservator
FORMS THAT MAY BE REQUIRED ONCE THE CONSERVATORSHIP IS GRANTED
- Inventory (Conservatorship) PC 674 (Required for all Conservatorships)
- Account for Fiduciary, short form PC 583 or long form PC 584
- Petition to Allow Account(s) PC 585a
- Proof of Restricted Account and Annual Verification of Funds on Deposit (Conservatorship of Minor) PC 669
FORMS TO MODIFY OR CLOSE A CONSERVATORSHIP
- Petition to Terminate/Modify Conservatorship PC 676
- Petition and Order to Use Funds (Conservatorship) PC 673
- Petition Regarding Real Estate/Dwelling PC 646
- Minor Conservatorship – Final Account, Waiver and Consent, and Order PC 648
- Receipt of Ward and Discharge (Minor) PC 649
For more detailed information about the filing process, please see the Conservatorship Handout.
RESOURCES FOR A CONSERVATOR
As a fiduciary, the Conservator has many statutory duties and must exercise an appropriate level of care when handling the assets of the ward. Some of the required duties include filing an inventory and the annual accounting. For minor conservatorships, Proof of Restricted Funds must be filed annually. Depending on the assets invovled, the Court may require that the Conservator obtain a bond. Below are some resources that a fiduciary may find helpful:
- Notice of Duties of Conservator
- State Bar of Michigan – Probate Information, Conservatorship Page
- Handout Regarding Interested Persons for Accounts and Reports