Although the terms can be confusing, there is a significant difference between guardianship and conservatorship. Guardianship relates to the care, custody, and wellbeing of a person, and conservatorship generally relates to their financial and legal affairs. You can file for both roles at the same time, or you can file them separately; and you can nominate two different people or it could be the same person. But the same general timeline exists for both guardianship and conservatorship, even though each matter is unique.
We highly recommend you work with a Royal Oak conservatorship lawyer to make sure you have specifically addressed all requirements for this role. The probate attorneys from The Probate Pro assist you at all stages of this process.
You will need to file a petition for conservatorship, which is a State Court Administrative Office (SCAO) form that can be found on our website or through the court system. We generally recommend getting a physician report, a script, or some statement from a physician indicating a person requires conservatorship. That’s not always possible, but if it is, you should attach it to support your petition. It will make it much easier to move the case through the court system.
There are statutory and court-specific rule requirements for the filing of a petition with the Probate Court. There’s also a filing fee for each petition but you may be able to have the fee waived, if you qualify. Our Royal Oak attorneys can help you determine if you can waive the conservatorship application fee.
When the Probate Court has accepted the filing, you must then serve that petition upon the interested parties, which are the people entitled to notice as defined by Michigan statute and court rule. It’s very, very important you pay close attention to who the rightful recipients of the petition are, which include the person you’re seeking conservatorship over, as well as certain family members.
You should consult with your Royal Oak attorney to ensure that you provide proper notice of conservatorship. The last thing you want is to file the petition, get to the court hearing date, and find out you failed to provide appropriate notice, leading to an adjournment rather than an adjudication. You must pay particular attention to the service requirements and provide the proposed ward with the information necessary to object, if they so choose.
After you’ve served notice, there will usually be an appointed guardian ad litem, a GAL, to report and investigate the petition. They will conduct a visit and identify whether the proposed ward consents or objects to the petition. The ward has many statutory rights to object to either the appointment of a conservator or to the specific person seeking to be the conservator.
That guardian ad litem does not represent you as the petitioner. They are the eyes and ears of the court to report the situation, and deliver a thorough report to the judge, either verbally, in writing, or both.
After the report is filed, there will be a hearing on the petition. This could take a few weeks, depending on how busy the court system is. You must prove to the court (by clear and convincing evidence) you have overcome the burden required by statute for the appointment of a conservator.
The court will consider everyone’s testimony in a hearing and make a ruling on the petition. This is where having a Royal Oak conservatorship lawyer can be crucial. The court has all sorts of statutory powers as to whether they accept it, reject it, or limit the powers. If there’s an objection on the petition, it gets scheduled for an evidentiary hearing or a trial. Then, letters of authority are issued upon the court approving the petition.
Once granted, the letters of conservatorship give you the legal authority to act on behalf of the individual. At this point, your fiduciary responsibilities kick in, and you now have the authority to act on behalf of that individual.
Crucially, you must file an inventory to the court within 56 days after the appointment. The inventory is a snapshot of the assets that you’re administering on behalf of the conservatorship. Annually, you must file an annual account. This lets the court know financially how that individual has performed within the last calendar year, with an accounting of their finances and income.
There are many rules on how you manage the assets. Please work with a skilled lawyer to make sure you’re doing this correctly. If you do not follow all statutory obligations, then you can be suspended as a conservator, and held accountable through the court system.
At The Probate Pro, we love helping people through these types of issues. If you’ve got questions about the conservatorship process or timeline, reach out to us now! A Royal Oak-based conservatorship lawyer represents your interests and provides necessary counsel on these important matters.