An individual is interested in making sure someone’s financial assets are intact. In some instances, you may just want to file for conservatorship. However, there may be an instance where someone wants to file a protective order as well. Filing the Order Regarding Petition for Protective Order will allow the individual to do so.
The Order Regarding Petition for Protective Order is a State Court Administrative Office form. If you need this form or any other probate court forms, please reach out to us. We will be happy to provide you with this document and any other necessary probate court documents.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Order Regarding Petition for Protective Order is associated with MCL 700.5408, which states:
(1) If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual’s property and business affairs, the court, without appointing a conservator, may authorize, direct, or ratify a transaction necessary or desirable to achieve a security, service, or care arrangement meeting the protected individual’s foreseeable needs. Protective arrangements include, but are not limited to, payment, delivery, deposit, or retention of money or property; sale, mortgage, lease, or other transfer of property; entry into an annuity contract, contract for life care, deposit contract, or contract for training and education; or an addition to or establishment of a suitable trust.
(2) If it is established in a proper proceeding that a basis exists as described in section 540l for affecting an individual’s property and business affairs, the court, without appointing a conservator, may authorize, direct, or ratify a contract, trust, or other transaction relating to the protected individual’s property and business affairs if the court determines that the transaction is in the protected individual’s best interests.
(3) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of the protected individual’s creditors and dependents and, in view of the disability, whether the protected individual needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of a protective arrangement or other transaction authorized under this section. The special conservator has the authority conferred by the order and serves until discharged by order after reporting to the court on all matters done under the appointment order.
In addition to this statute, the Order Regarding Petition for Protective Order is pursuant to MCL 700.5215(a) and MCL 700.5314(b). 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.
