Probate Court

Conservatorships of Minors

When is a conservatorship necessary?

When the minor owns money or property that requires management or protection that cannot otherwise by provided, or
When the minor has or may have business affairs that may be jeopardized or prevented by minority, or
When the minor needs money for support and education and that protection is necessary or desirable to obtain or provide money.

Who may file the petition?

Individual interested in the person's estate, affairs, or welfare.

Where do you file the petition?

In the court at the place in this state where the individual to be protected resides whether or not a guardian has been appointed in another place.
If the individual to be protected does not reside in this state, in the court at a place where property of the individual is located.

Who are the interested persons?

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

The following may be additional interested persons required by law or court rule:

The Attorney General, if the protected person has no known presumptive heirs;
Foreign counsel, if required by law;
Administrator of Veteran's Affairs, through the administrator's Michigan district counsel if the individual's benefits are payable by the Veterans' Administration;
A guardian, conservator, or guardian ad litem of an interested person.
A special fiduciary; and
A person who filed a demand for notice.

When is a conservatorship necessary?

When the minor owns money or property that requires management or protection that cannot otherwise by provided, or
When the minor has or may have business affairs that may be jeopardized or prevented by minority, or
When the minor needs money for support and education and that protection is necessary or desirable to obtain or provide money.

Who may file the petition?

Individual interested in the person's estate, affairs, or welfare.

Where do you file the petition?

In the court at the place in this state where the individual to be protected resides whether or not a guardian has been appointed in another place.
If the individual to be protected does not reside in this state, in the court at a place where property of the individual is located.

Who are the interested persons?

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

The following may be additional interested persons required by law or court rule:

The Attorney General, if the protected person has no known presumptive heirs;
Foreign counsel, if required by law;
Administrator of Veteran's Affairs, through the administrator's Michigan district counsel if the individual's benefits are payable by the Veterans' Administration;
A guardian, conservator, or guardian ad litem of an interested person.
A special fiduciary; and
A person who filed a demand for notice.

When does the notice have to be served?

Personal service - 7 days before the date set for hearing.
Mail - 14 days before the date set for hearing.
Publication - 14 days before the date set for hearing.

What is the form of the petition and its contents?

Petition For Appointment of Conservator or Protective Order (Form PC639)
Contents - The petition shall contain specific examples of the individual's recent conduct that demonstrates the need for a conservator's appointment.

What does the Court do upon the filing of a Petition For Appointment of Conservator or Protective Order?

Set a hearing date.
Appoint a guardian ad litem to represent the individual who is the subject of the petition unless he/she has legal counsel of his/her own choice.
If necessary, the court may order that the individual who is the subject of the petition be examined by a physician or mental health professional appointed by the Court.

On what does the Court base a decision?

The Court must find that a basis for a conservator's appointment or other protective order is established by clear and convincing evidence.