FILING PROCEDURES - ADULT CONSERVATORSHIPS

 

 

Note:  The Court is prohibited by law (Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing legal advice and completing forms.  This item provides general information concerning the filing procedures for adult conservatorships and may be useful as a guide.  If you have any questions, consider contacting an attorney for assistance.

 

 

Filing Fee

$150.00

 

Forms Used

PC 639, Petition for Appointment of Conservator and/or Protective Order

PC 571, Acceptance of Appointment

PC 583 or PC 584, Account of Fiduciary (Note: An account form is used after a conservator is appointed and must be filed each year.  For information on accountings, see Account of Fiduciary.)

 

Service

Publication is required for persons whose address or whereabouts are unknown.  The legal newspaper fee (currently $71.30) is paid to the Detroit Legal News when the petition is filed.  For more information on publication, you may wish to contact them:

 

Detroit Legal News

1409 Allen Dr., Suite B

Troy, Mich. 48083

(313) 961-6435

 

Interested Persons

The interested persons need to be listed on the petition, along with their proper address.  If an interested person is not included or is not properly served, the hearing cannot be held.  The interested persons in a petition for appointment of a conservator of an adult are:

  1. The individual to be protected if 14 years of age or older,
  2. The presumptive heirs of the individual to be protected,
  3. If known, a person named as attorney in fact under a durable power of attorney,
  4. The nominated conservator, and  
  5. A governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending.

Note:  The petition must include specific facts about the person’s condition and examples of recent conduct that demonstrate the need for a conservator.

 

Hearing Date

Your Petition will be set for hearing by the Court.  Typically, the hearing date is 4-6 weeks after the petition is filed.  Your Hearing Reminder form displays the correct date, time, place, and assigned Judge.  You, the Petitioner, must attend the hearing or your Petition will be dismissed. 

 

Guardian ad Litem

The court must, by law, appoint a Guardian ad Litem (GAL) to represent the interests of the alleged protected individual unless the person has their own attorney.  It will be the GAL’s responsibility to visit the person and make a recommendation as to whether or not a conservator is needed. 

 

The GAL is not an employee of the court but a licensed practicing attorney appointed by the court. 

 

 

Location/Hours of Court

 

Rev. 12\08