MENU v. Edited by Phillip E. Harter and Thomas V. Buy Now. Confidently Navigate Guardianships and Conservatorships Confidently counsel your clients on the ins and outs of guardianships and conservatorships.
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Need Help? Online purchasing. Username or password. Publication schedule. Technical requirements. My products and services. Online book policies. Print book and software policies. If a petitioner alleges that the subject of the petition is not competent, the court shall appoint a guardian ad litem to investigate.
A "guardian ad litem" is not the same as the guardian. The guardian ad litem must investigate the claims made in the petition. The guardian ad litem will make recommendations and submit a full report to the court. What Happens at the Hearing? If a mentally competent person who needs a conservator and all interested persons consent, then the court may grant the petition without a hearing or the court may conduct a hearing.
Ordinarily, the purpose of the hearing is to determine on the court's record that two things have occurred: 1 the individual is unable to manage property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance, and 2 the individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual's support, care, and welfare or for those entitled to the individual's support, and that protection is necessary to obtain or provide proper support from the individual's resources.
This can be done on the basis of the allegations in the petition, if the petition is unopposed at the time of the hearing. Who May Serve as Conservator? The judge may appoint any competent person over age 18 or a professional conservator to serve. If the individual resides elsewhere and has a conservator appointed in another state, the court may appoint the conservator in the other state to act in Michigan. In all other cases, any of the following people may be appointed as conservator in the following priority: the person or entity nominated by the individual including a person or entity nominated in a durable power of attorney ; the individual's spouse, adult child, parent, relative with whom the individual has lived for more than six months; or a person nominated by the person who is caring for or paying benefits to the protected individual.
The judge follows this order of priority when selecting a conservator; however, the judge may only appoint a person who is suitable and willing to serve.
A conservator, spouse, adult child, parent, or relative with whom the individual has lived for more than six months may designate in writing a substitute person to serve instead.
That written designation transfers the priority to the substitute person. If some people have equal priority adult children, for example , then the judge chooses whomever he or she considers the best qualified to serve.
The judge may pass over a person with priority and choose a person with lower priority, or no priority at all, to protect the individual who is the subject of the petition, if it is in the individual's best interest to do so. If the individual does not agree to the proposed conservatorship, then the judge must appoint an attorney to represent the individual to contest the proposed conservatorship unless the individual retains counsel of their own choosing.
If counsel is appointed the court will direct payment for appointed counsel from the assets of the protected person. A conservator is entitled to reasonable compensation for services. In approving a conservator's fee, the court will usually consider time spent by the conservator, professional expertise and required skill, nature, number, and complexity of assets, makeup of parties interested in the conservatorship, extent of the responsibilities and risks assumed, and the results obtained in administering the property.
This brochure is for informational purposes only. The information provided in this brochure is not legal advice. You can get legal advice from a lawyer who is a member of the State Bar of Michigan. Permission to print or copy part or all of this work for classroom use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and that copies clearly display this verbatim notice.
Otherwise, permission must be obtained to copy all or part of this material in any manner. Abstracting with credit is permitted. Persons granted permission to copy this work must display the above Publication Notice followed by "Included here by permission. Conservator Compensation A conservator is entitled to reasonable compensation for services. Disclaimer This brochure is for informational purposes only. We collect and use cookies to give you the best and most relevant website experience.
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