Conservator of an Adult Instructions

The following are instructions for initiating an adult conservatorship:

NOTE:  ALL FORMS MUST BE TYPEWRITTEN OR PRINTED NEATLY IN BLACK INK (NO MARKERS)

1.  Upon filing of the Petition, form PC639, along with the supporting statement from the treating physician and payment of the filing fee of $150.00, the Court will schedule a hearing date and time.  (Usually in 3 to 4 weeks.)  THE FILING FEE MUST BE PAID AT THE TIME THE PETITION IS FILED.  If you are indigent, you may request an Affidavit and Order Suspension of Fees/Costs, form MC20, from the Court; this form is used to request that the filing fee be waived.  You must also complete and file form MC287 with the Affidavit.  The Probate Court accepts payment by cash, check or money order.  The Probate Court does not accept debit or credit card payments.

See "Instructions for Completing Petition for Conservator".

If you are also filing a Petition for Appointment of a Guardian, the hearing can be a combined hearing on both petitions.

The proposed conservator must sign an Acceptance of Appointment, form PC571, agreeing to be appointed conservator for the adult.

2.  The Court, by law, must appoint a Guardian Ad Litem to represent the best interests of the person who is the subject of the petition.  The Guardian Ad Litem will meet with the individual prior to the hearing.  THE COURT MAY ORDER PAYMENT FOR THE GUARDIAN AD LITEM FROM THE INDIVIDUAL'S FUNDS OR THE PETITIONER'S FUNDS.  If the person responsible for the payment of fees is indigent, file an Affidavit of Indigence for Waiver of GAL or Attorney Fees.

3.  The petitioner is responsible for serving the following papers on the person who they are seeking a conservator for:  ("serving" means giving a copy to the person)

    *Petition
    *Notice of Hearing
    *Order Appointing Guardian ad Litem
    *Notice to Alleged Incapacitated Individual

The forms must be served on the person by hand delivery at least 7 days prior to the hearing.  The Probate Court will provide the petitioner with this paperwork. 

Once you have completed the notice requirements stated above, a Proof of Service, form PC564, must be completed and filed with the Court.  THE HEARING CANNOT BE HELD IF THE PROOF OF SERVICE IS NOT FILED.

4.  The petitioner must appear at the hearing.  The alleged legally protected individual has a right to be present at the hearing, if they are able and wish to attend.

5.  If there is an objection to the request for a Conservator, it may be necessary to have the physician (and possibly other witnesses) appear to testify to support your request for the establishment of the conservator.

If your petition is granted you will be provided with a true copy of the Order Regarding Appointment of Conservator and a true copy of Letters of Conservatorship.  The Letters of Conservatorship are your proof that you are the legal court appointed conservator.  If you would like a certified copy, (with the Court seal), of the Letters of Conservatorship, the cost is $12.00.

6.  Within 56 days of your appointment you must file an Inventory of assets, form PC674.  The reported value of assets must be the value of the asset as of the date of your appointment.  Along with the Inventory, you must supply supporting documentation confirming asset values and ownership.  Examples of supporting documents are tax records showing the SEV of real property, deeds and copies of financial institution statements confirming balances and ownership.  List Real Property at twice the SEV.  For all jointly held property, both personal and real, list the joint owners, their % of ownership and the total property value, not just the individual's share.

It is the Conservator's responsibility to serve the interested persons and the Protected Person(individual for whom a conservator was appointed) with a copy of the Inventory.  A Proof of Service, form PC564, must then be completed by the conservator and filed with the Court along with the Inventory.

7.  Each year you are required to file an Account of Fiduciary with the Court.  The preferred form in Grand Traverse County is the Long Form, PC584.  Your account is due within 56 days after the anniversary date of your appointment as conservator.  There is a filing fee of $20.  See Checklist for Preparing Account of Fiduciary.  Also available is an Account of Fiduciary Example.

It is the Conservator's responsibility to serve the interested persons and the Protected Person (individual for whom a conservator was appointed) with a copy of the account.  A Proof of Service, form PC564, must then be completed by the conservator and filed with the Court along with the Account.

As a service, the Grand Traverse County Probate Court may send reminder notices to the Conservator 14 days prior to the due date of the Annual Account. The notice states which document is due, the due date and the court address. The Conservator must complete, date and sign the proper form, and file it with the probate court. The form and accompanying bank statement may be filed in person or mailed to the Probate Court office.

If the Grand Traverse County Probate Court does not receive the Inventory or Annual Account, within 56 days of the due date, the Court will schedule a hearing for the Conservator to come to court and explain why the form was not timely filed.

TERMINATE OR MODIFY CONSERVATORSHIP

If the protected individual or any interested person wishes to terminate or modify the conservatorship a Petition to Terminate/Modify, PC676, must be filed with the Court along with a $20 filing fee.

The Court welcomes your questions, but Court Personnel are PROHIBITED BY LAW from giving legal advice.  It may be wise to secure the services of an attorney to assist you with the complexity of the paperwork.


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