Michigan > Statewide > Probate > Guardianships and Conservatorships
What You Need To Know Before Filing Petition To Appoint Conservator PC 667 - Michigan
| What You Need To Know Before Filing Petition To Appoint Conservator Form. This is a Michigan form and can be used in Guardianships and Conservatorships Probate Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
WHAT YOU NEED TO KNOW BEFORE court himself or herself for the appointment of a mediation services are available in your court. FILING A PETITION TO conservator to assist in managing his/her estate. APPOINT A CONSERVATOR What happens when the court accepts the Some of the reasons that might prevent the individual petition for filing? from being able to manage his or her What is a conservator? property and financial affairs are: After the petition is accepted for filing, the court will appoint a guardian ad litem to represent the A conservator is a person appointed by a probate 1) mental illness or deficiency; individual in the court proceeding unless the court and given power and responsibility for the 2) physical illness or disability; individual has his or her own lawyer or unless a estate (financial assets and property) of an adult 3) chronic use of alcohol /other intoxicants; mentally competent adult voluntarily requests (called a protected individual). 4) confinement; the appointment. 5) detention by a foreign power; or What is a guardian? 6) disappearance. It is important for you to cooperate with the guardian ad litem. The guardian ad litem does A guardian is a person appointed by a probate Is a conservator needed for an individual who not have the authority to make decisions for the court and given power and responsibility to make cannot manage his or her property or financial individual. The individual may have to pay for the certain decisions about the care of another affairs effectively? guardian ad litem. individual. These decisions might include treat- ment decisions or where the individual should live. A conservator might not be necessary if someone If necessary, the court may also order the If the individual has a reduced life expectancy due else already has legal authority (an individual with individual to be examined by a physician or a to advanced illness, the guardian may have the power of attorney, for example) to make decisions mental health professional. The court may also power to make an informed decision on behalf of about the individuals estate and there are no send someone (called a visitor) to interview the the individual regarding receiving, continuing, problems with the decisions being made. individual. The visitor may be the guardian ad discontinuing, or refusing medical treatment. A litem or a court officer or court employee. full guardian can make all decisions for the How is a proceeding for a conservator started? individual. A limited guardian can only make Can the individual get a conservator decisions for the individual that the court allows. Any person who is interested in the individuals immediately in an emergency? welfare may complete a Petition for Appointment of When would a conservator be needed? Conservator (form PC 639) and file it, along with the If the court believes an individuals estate filing fee, with the probate court. requires immediate protection before appointing A conservator may be needed when the a conservator, the court may issue a preliminary individual is unable to manage his or her property Is a lawyer necessary? protective order. This order may involve the and financial affairs effectively because of certain reasons and: appointment of a special conservator. The order No, but a lawyer can be helpful, especially if any will authorize specific acts that provide for interested person opposes the appointment immediate protection of the individuals assets. 1) he or she has property that will be wasted of a conservator. or used up unless proper management is provided; or Can mediation be used for disagreements about 2) funds are needed for the support, care, a conservator? and welfare of the adult and any of his or her dependents. Certain disagreements about a request for a guard- ian may be mediated outside the court if all parties A mentally competent adult who, because of age agree to attend mediation or if a judge order parties PC 667 (11/02) Approved, SCAO or physical limitation, may voluntarily petition the to attend mediation. The court clerk can tell you if
|
|||||||
