Michigan Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

State:
Multi-State
Control #:
US-01174BG
Format:
Word; 
Rich Text
115 downloads

Description

A conservatorship is created by the appointment of a conservator, also sometimes called a guardian. A conservator is a person appointed by a court to manage the property, daily affairs, and financial affairs of another person (sometimes called the ward), who is unable by reason of a physical or mental infirmity or age to handle his/her affairs. For example, an adult daughter may be appointed as the conservator for her father who is suffering from advanced Alzheimer's disease. An open hearing is held before the appointment is made.


This form is an example of an objection to the appointment of a particular person as conservator. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

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FAQ

(a) Collect, hold, or retain estate property, including land in another state, until the conservator determines that disposition of the property should be made. Property may be retained even though it includes property in which the conservator is personally interested. (b) Receive an addition to the estate.

Conservators: A conservator may only change a ward's beneficiary designations after notice to all affected parties, a court hearing, and upon express authorization of the court.

?The court may appoint a conservator in relation to the estate and affairs of an individual who is mentally competent, but due to age or physical infirmity is unable to manage his or her property and affairs effectively and who, recognizing this disability, requests a conservator's appointment.? MCL 700.5401(4).

A guardian takes care of an incapacitated adult's personal needs (see Guardianship). A conservator takes care of an incapacitated adult's property. One person can be both the guardian and the conservator for an incapacitated adult.

The statute also authorizes a conservator to sell or otherwise dispose of an interest in real estate, but only with court approval after a hearing with notice to interested persons. MCL 700.5423(3). A conservator is a fiduciary and must observe the standard of care applicable to a trustee.

A conservator is responsible for the collection, preservation, and investment of the individual's property and must use the property for the support, care, and benefit of the individual and his or her dependents.

Any person who is interested in the individual's welfare may complete a Petition for Appointment of Conservator (form PC 639) and file it, along with the filing fee, with the probate court.

Conservators are entitled to reasonable compensation from the estate, if not otherwise compensated for services rendered.

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Michigan Objection to Appointment of Petitioner as Conservator of the Estate of an Adult