Checklist For The Appointment Of A Conservator

Checklist for the Appointment of a Conservator Prepared by Hon. John N. Kirkendall Family Division Washtenaw County Trial Court 1. _____The petitioner is proper. a. The person to be protected (if minor, over 14) b. Person interested in the estate, affairs or welfare of the person to be protected c. Person adversely affected by lack of management 2. _____Service is proper. a. Personal service on person to be protected at least 7 days before the hearing (Another method may be ordered in special cases) b. Service by mail on a) Spouse b) Children, or if none, parents c) If no spouse, children or parents, then serve presumptive heirs d) person having power of attorney e) attorneys who have entered appearances f) guardians, guardians ad litem and conservators for any of the above g) VA if person entitled to benefits h) Attorney General, if no one in a)b)c) 3. _____Formal hearing necessary. a. Formal hearing not necessary in case of minor where both parents consent. b. Formal hearing not necessary in case of adult where adult petitioner and mentally competent. 4. _____Guardian ad litem has been appointed. a. Not necessary if person represented by attorney or person to be protected is mentally competent 2001 © American LegalNet, Inc. but aged or physically infirm. 5. _____Court appointed physician has been considered. 6. _____Person falls into one of the following categories, (otherwise, petition will be dismissed) a. Adult, mentally competent, but due to age or physical infirmity is unable to manage affairs effectively. b. Adult, unable to manage affairs and property effectively, without waste or dissipation, due to mental illness, mental incompetency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance. c. Adult, where adult or dependents are in need of funds for support, care and welfare. d. Minor, owns money or property, over $5,000, has business affairs, or needs funds for support or education. 7. _____A preliminary order protecting the property is necessary. a. If so, a preliminary hearing may be held to determine what should be in the order, without notice to others. [468(1)(a)] b. While notice is not required, you will want to give as much thought as possible to notifying every interested party in what time there is available. 8. _____The named conservator is a proper person to serve. a. Fiduciary appointed in another jurisdiction b. If over 14, the protected person's nominee c. Spouse d. Adult child e. Parent or person named in will of deceased parent. f. Relative caretaker for past 6 months g. caretaker nominee h. Any other suitable, qualified person (*Note: Persons in a, c, or f may nominate someone to serve in their stead. The court can pass over someone having priority for good cause. Or among those having equal priority, the Court may appoint the best qualified of those willing to serve.) 9. _____A proper bond has been filed. a. Rule: The amount of the bond is the capital value of property, plus 1 year's estimated income, minus value of restricted accounts and minus value of property where court order needed to 2001 © American LegalNet, Inc. transfer. 10. _____Protective proceeding will work instead of a conservatorship. a. No such thing as temporary conservator. A protective arrangement may be used to accomplish a single, one-time purpose. A special conservator may be appointed to do this. 11. _____Papers to be filed before the hearing a. Bond or acceptance of trust b. Letters of Authority c. Order (Appointing Conservator or Protective Order) d. Report of Guardian ad litem e. Proof of Service 12. _____Attorney necessary to represent minor where interests are being inadequately represented. 13. Forms a. PC 37, Petition for Appointment of Conservator and/or Protective Order b. PC 41, Order Appointing Guardian ad litem, General c. PC 39, Acceptance of Trust and Report of Guardian ad litem d. PC 46a, Order Appointing Conservator e. PC 48, Protective Order f. PC 13, Bond of Fiduciary g. PC 14, Acceptance of Trust h. Pc 15, Letters of authority i. PC 08, Proof of Service j. PC 22a, 22b, Account of Fiduciary k. PC 22c, Final Account in Minor Conservatorship, Waiver, Consent and Order l. PC 25, Order of Discharge 2001 © American LegalNet, Inc. m. PC 44, Receipt of Ward and Discharge 14. Statutory reference: MCL 700.461, et. seq.; MSA 27.5461, et. seq. 2001 © American LegalNet, Inc.