A conservator is a person appointed by the court to handle an individual’s business affairs and monies. A conservator makes decisions regarding payment of expenses and investments of assets.
An individual who requires a conservatorship must reside in Barry County or have assets in Barry County.
There is a $175.00 filing fee for a petition for the appointment of a conservator. The charge for a certified copy of the Letters of Conservatorship is $12.00 for an adult and $13.00 for a minor. A guardian ad litem may be required and the conservatorship will be responsible for payment of the expenses related to the guardian ad litem.
It is the court’s policy to restrict minor conservatorship accounts. The court does not generally restrict adult conservatorship accounts; however, the court may do so in the event the court feels it is necessary to protect the assets of the ward.
In adult conservatorships, the court will either restrict the funds or require a bond of the conservator prior to the issuance of the letters of conservatorship. If a bond is require the conservator must obtain the bond through a bond agency. The bond is to insure that the conservator doesn’t use the funds in a manner that is not appropriate.
If the proposed ward is receiving Social Security benefits, the Social Security Administration must be notified; Veteran’s Benefits, the Veterans Administration must be notified; and assistance from the State of Michigan, Barry County DHS, attention: Karen Tripp, must be notified.
An individual 14 years or older must sign the nomination and must be personally served with the petition and notice of hearing at least 7 days prior to the hearing. A proof of service must be filed with the court indicating the individual was served with the documents.
Individuals entitled to notification in a conservatorship proceeding must be served by mail at least 14 days prior to the hearing or at least 7 days prior to the hearing if the individual is personally served. The court must have the proof of service 5 days prior to the court hearing.
The forms on this list are not intended to be all-inclusive. Some of the forms relate directly to a minor conservatorship and others relate directly to an adult conservatorship. If you choose to proceed without an attorney, it is presumed you know the law and various requirements.
The court is unable to give legal advice or assistance. If you proceed without the assistance of an attorney, it is presumed you know the law and all requirements of the law.
There is filing fee due at the time the petition is filed in the amount of $175.00. A guardian ad litem will be appointed by the court and the conservator will be responsible for paying the expenses of the guardian ad litem.
Forms are available at the Michigan Supreme Court web site:
Guardianship & Conservatorship:
- Acceptance of Appointment and Report of Guardian Ad Litem (pc643.pdf) *
- Letters of Conservatorship (pc645.pdf) *
- Notice on Petition for Conservator or Protective Order (pc668.pdf) *
- Order Appointing Conservator (pc640.pdf) *
- Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem (pc642.pdf)*
- Order Approving Sale of Real Estate (pc647.pdf)
- Order Regarding Petition for Protective Order (pc644.pdf)
- Petition for Appointment of Conservator and/or Protective Order (pc639.pdf) *
- Petition for Approval of Sale of Real Estate (pc646.pdf)
- What You Need to Know Before Filing a Petition to Appoint a Conservator (pc667.pdf) *
- Proof of Restricted Account and Annual Verification of Funds on Deposit (Conservatorship of Minor) (pc669.pdf)
- Acceptance of Appointment (pc571.pdf) *
- Account of Fiduciary, Short Form (pc583.pdf)
- Account of Fiduciary, Long Form (pc584.pdf)
- Declaration of Intent to Give Notice by Publication (pc617.pdf)
- Inventory (pc577.pdf)
- Notice of Hearing (pc562.pdf) *
- Order (general) (pc609.pdf)
- Order Allowing Account(s) (pc585b.pdf)
- Petition and Order (pc586.pdf)
- Petition to Allow Account(s) (pc585a.pdf)
- Publication of Notice (pc563a.pdf)
- Publication of Notice of Hearing (pc563.pdf)
- Proof of Service (pc564.pdf) *
- Waiver/Consent (pc561.pdf)* Minor Conservatorship Restrictions