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 583, 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.)
PC 639, Petition for Appointment of Conservator and/or Protective Order
PC 668, Notice on Petition for Conservator or Protective Order

Service Publication is required for persons whose address or whereabouts are unknown. You may wish to contact:

Times Indicator
PO Box 7
Fremont, MI  49412
Telephone (231) 924-4400
Fax (231) 924-4066

$67.00 fee (One time publication)

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 4-5 weeks after the petition is filed. You 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.