After the petition for conservator – adult or minor – is filed and served, the probate court will have a hearing on the petition. The end result of this hearing will result in an adjudication – a judgement of the court. The way in which the court will file a ruling is with the Order Regarding Appointment of Conservator form – something you will want to have prepared in advance.
The Order Regarding Appointment of Conservator is a State Court Administrative Office form. If you need a copy of this, reach out to us – we’ll be glad to provide you a copy of this.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Order Regarding Appointment of Conservator is associated with MCL 700.1309, which states:
Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following:
(a) Appoint a special fiduciary to perform specified duties.
(b) Enjoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.
In addition to this statute, the Order Regarding Appointment of Conservator is pursuant to MCL 700.5215(A), MCL 700.5314(B), MCL 700.5406, 700.5407, MCL 700.5409, MCL 700.5410, MCL 700.5412, MCL 700.5416 , MCL 700.5419 and MCR 5.409. To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.
