Frequently Asked Questions

1. Appointment can be requested by the individual to be protected.
   • When an individual because of age or physical infirmity is unable to manage his/her property and affairs effectively.
2. Appointment can be requested by another individual.
   • The individual has property which will be wasted or dissipated unless proper management is provided
   • Money is needed for support, care, and welfare of the individual or those entitled to be supported by the individual
   • Protection is necessary or desirable to obtain or provide money.
   • When the individual is unable to manage his/her property and affairs effectively by reasons such as:
     • Chronic intoxication
     • Chronic use of drugs
     • Confinement
     • Detention by a foreign power
     • Disappearance
     • Mental illness
     • Mental incompetency
     • Physical illness or disability

An individual mentally competent but due to physical infirmity needs a conservator.

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

Filing can be done:

• 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.

Interested persons include:

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

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

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

A petitioner, fiduciary, or other moving party must cause to be prepared, served, and filed, a Notice Of Hearing (Form PC562 (PDF)). It must state the time and date, the place, and the nature of the hearing.

The Proof of Service (Form PC564 (PDF)) must include a description of the papers served, the date of service, the manner and method of service and the person or persons served.

The Notice on Petition for Conservator or Protective Order (Form PC668 (PDF)) must be served on the individual along with the petition, which lists the rights as follows:

• Independent evaluation
• To be present at the hearing
• To be represented by an attorney
• To cross-examine witnesses at the hearing
• To nominate a conservator
• To present evidence at the hearing
• To request that the hearing be closed to the public
• To a trial by jury

The Waiver/Consent (Form PC561 (PDF)) may be made by

• A legally competent person
• On behalf of an interested person, whether competent or legally disabled, by an attorney who has previously filed a written appearance
• A person designated to be served on behalf of an interested person who is a legally disabled person

However, a guardian, conservator, or trustee cannot waive or consent with regard to petitions, motions, accounts, or reports made by that person as guardian, conservator or trustee

Servicing times are as follows:

• 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

1. Petition For Appointment of Conservator or Protective Order (Form PC639 (PDF))

2. Contents - The petition shall contain specific examples of the individual's recent conduct that demonstrates the need for a conservator's appointment.

The timeline works as follows:

1. Set a hearing date.
2. 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.
3. 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.

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

When the minor owns money or property that requires management or protection that cannot otherwise be provided. 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.

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

File;

• 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

Interested parties include:

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

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

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

A petitioner, fiduciary, or other moving party must cause to be prepared, served, and filed, a Notice Of Hearing (Form PC562 (PDF)). It must state the time and date, the place, and the nature of the hearing.

The Proof of Service (Form PC564 (PDF)) must include a description of the papers served, the date of service, the manner and method of service and the person or persons served.

The Notice on Petition for Conservator or Protective Order (Form PC668 (PDF)) must be served on the individual along with the petition, which lists the rights as follows:

• Independent evaluation
• To be present at the hearing
• To be represented by an attorney
• To cross-examine witnesses at the hearing
• To nominate a conservator
• To present evidence at the hearing
• To request that the hearing be closed to the public
• To a trial by jury

The Waiver/Consent (Form PC561 (PDF)) may be made by:

• A legally competent person
• On behalf of an interested person, whether competent or legally disabled, by an attorney who has previously filed a written appearance
• A person designated to be served on behalf of an interested person who is a legally disabled person

However, a guardian, conservator, or trustee cannot waive or consent with regard to petitions, motions, accounts, or reports made by that person as guardian, conservator or trustee.

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

Petition For Appointment of Conservator or Protective Order (Form PC639 (PDF))

Contents - The petition shall contain specific examples of the individual's recent conduct that demonstrates the need for a conservator's appointment.

The timeline is as follows:

1. Set a hearing date
2. Int 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
3. 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

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

CERT is a training program that prepares you to help yourself, your family, and your neighbors in the event of a disaster. During an incident, emergency service personnel may not be able to reach everyone immediately. By getting trained in CERT, you will have the skills to help emergency responders save lives and protect property.

Under the direction of local emergency responders, CERT teams help provide critical support by giving immediate assistance to victims, providing damage assessment information, and organizing other volunteers at a disaster site.  Volunteers trained in CERT also perform duties such as shelter support, crowd control, and evacuation.  The role of a CERT volunteer is to help others until trained emergency personnel respond.

In addition to supporting emergency responders during a disaster, the CERT program builds strong working relationships between emergency responders and the people they serve. CERT teams also help the community year-round by helping with community emergency plans, neighborhood exercises, preparedness outreach, fire safety education, and workplace safety.

Participants learn how to:

• Apply basic medical techniques
• Assist emergency responders
• Conduct light search and rescue
• Extinguish small fires
• Help reduce survivor stress
• Identify and anticipate hazards
• Reduce fire hazards in the home and workplace
• Set up medical treatment areas

In 95% of all emergencies, the victim or bystander provides the first immediate assistance on the scene. Would you know what to do? CERT training takes about 20 hours to complete and provides critical skills in emergency preparedness and response.

Types of people who should take the training include:

• Communities of faith
• Community leaders
• Members of clubs and civic organizations
• Neighborhood Watch groups
• Parents
• People interested in taking an active role in hometown preparedness
• Scouting and youth organizations
• Students, teachers, and administrators

A Concealed Pistol License (CPL) also referred to as a CCW, allows an individual to carry a pistol concealed in certain areas.

CPL applications can be obtained at the Cass County Sheriff's Office, Monday through Friday from 10 a.m. to 4:30 p.m. An application can also be picked up at the Cass County Clerks Office.

Yes. All CPL applicants will need to take a class before a CPL can be obtained. Classes are available at local gun clubs and dealers.

CPL laws are constantly changing. The most current information about CPL laws is available at the Michigan State Police Firearms.

Cass County Sheriff's Office does fingerprinting Monday through Friday 10:30 a.m. through 3:30 p.m. These are available through appointment only.

Reports are available through the Sheriff’s Office for purchase. The price of a report is $20, cash only.  Please contact the Records Division at 269-445-8644 for more information.

Crash reports are available at the Sheriff's Office for purchase. The price of a crash report is $20, cash only. 

Please contact Evidence at extension 1217  in the Sheriff's Office for any issues with property.

Some items must be requested via the Freedom of Information Act (FOIA). Please contact records for more information.

All handgun purchases in Michigan must be done with a Purchase Permit, unless you are a valid CPL holder. These can be obtained at the Cass County Sheriff's Office Monday through Friday 10 a.m. to 4:30 p.m.

All that is needed to obtain a Purchase Permit is a Valid Michigan I.D. You will also be required to pass a 15 question gun safety quiz.

No, there is no cost for a Purchase Permit.

No. You still will need to obtain a Piston Sales Record from the Sheriff's Office.

After you have purchased the pistol, the seller will fill out the Purchase Permit information. Bring the Purchase Permit back into the Sheriff's Office. Do not bring the pistol into the Sheriff's Office.

All questions about handgun use and carrying can be answered by the Michigan State Police Firearms.

The County Treasurer adds a four % administrative fee and interest of one % per month. If taxes are still delinquent after one year, the property is forfeited to the County Treasurer.

Real Property Tax Forfeiture and Foreclosure Flow Chart.

Foreclosure is final. You cannot get your property back after it has been foreclosed. Property that has been foreclosed will be sold by the Cass County Treasurer at public auction.

No. Forfeiture is not foreclosure. If your property is in forfeiture, you still have a year before it will be foreclosed. A minimum of $175 title search fee is added, plus recording fees. The interest rate increases to 18% (1.5% per month) retroactive to March 1st of the first year.

Yes. If your taxes are delinquent for two years, you lose the property.

A delinquent tax is a tax that has been forwarded to the County Treasurer for collection on March 1st of the year after it was due. For example, taxes that are billed by your City or Township Treasurer in 2007 will be turned over delinquent to the County Treasurer on March 1, 2008.

There are two tax bills sent out every year for all properties in the County, and if you live in one of the four Villages within the County, you will receive three tax bills. There is a summer tax billing cycle, a winter tax billing cycle and the Villages also have a tax billing cycle. Summer taxes are due and payable to your local treasurer beginning July 1 through September 14 every year. 

After September 14, your summer taxes may still be payed, with additional penalties and interest, to your local treasurer until February 28 (February 29 in a the case of a leap year). On March 1, if your taxes have not been paid, they are then delinquent and must be paid with additional penalties and interest to the County Treasurer.

There are two tax bills sent out every year for all properties in the County, and if you live in one of the four Villages within the County, you will receive three tax bills. There is a summer tax billing cycle, a winter tax billing cycle and the Villages also have a tax billing cycle. Winter taxes are due and payable to your local treasurer beginning December 1 through February 28 (February 29 in the event of a leap year) every year. 

On March 1, if your taxes have not been paid, they are then delinquent and must be paid with additional penalties and interest to the County Treasurer.

Elections are managed through the Clerk/Register's office. Visit this link to find the most recent information about upcoming elections, polling locations, voter registration, results and more. 

To be excused from jury duty for a medical reason, a letter must be submitted from your physician stating that you are unable to serve. This letter should be returned with your questionnaire no later than three weeks before your assigned week of service. These letters are forwarded to the presiding judge for consideration and you will receive verification if you are excused.

If you are permanently disabled, please be certain that your physician includes that information when writing your letter. If your physician does not specify a permanent condition your name may be drawn again the following year.

If you do not return your physician's note with your original questionnaire due to time considerations you are welcome to submit it via email to jurymanager@cassco.org or call (269) 445-4463.

Individuals with hearing problems should participate in the jury selection so that they can hear the acoustics in the courtroom. If they cannot hear properly at that time they should advise the judge or bailiff and they will be excused.

By law, and employer cannot fire, discipline or threaten such action against an employee who is summoned for jury duty or chosen to serve on a jury, even for a long trial. Nor can employers force a worker to go beyond normal hours to make up for time spent on jury service. An employer who takes these actions could be guilty of a misdemeanor or held in contempt of court.

600.1348 Jurors; threats, discharge, or discipline by employer; requiring additional hours of work; misdemeanor; penalty.

Sec. 1348.

(1) An employer or the employer's agent, who threatens to discharge or discipline or who discharges, disciplines, or causes to be discharged from employment or to be disciplined a person because that person is summoned for jury duty, serves on a jury, or has served on a jury, is guilty of a misdemeanor, and may also be punished for contempt of court.

College students are required to serve at the conclusion of the semester or academic year. Respond to the questionnaire with a week that the student will be available. If a student has relocated and established a residence away at school (for example, renting an apartment year-round in East Lansing or Ann Arbor), that student may be excused as a non-resident with proof of their relocation (signed lease agreement, utility bill, etc.) or a copy of their state-issued ID including their updated address. 

If the child is not taking any supplemental feedings, a letter must be submitted by the pediatrician for you to be excused. If you do not return your physician's note with your original questionnaire due to time considerations you are welcome to submit it via email to jurymanager@cassco.org or call (269) 445-4463.

Daycare services are not available at the courthouse. Jurors are notified several weeks in advance of their week of jury service and this should give you ample time to locate a sitter or a daycare center who you are comfortable with.

Under Michigan law, jurors are paid as follows:

Jurors also receive mileage for their trips to and from court. Prospective jurors who are not selected to sit on a trial are still paid for their participation.

You can be held in contempt of court, fined or even jailed.

People over 70 may be exempted from service if they choose to do so.

You may be called for jury duty more than once, but you may only serve as a seated juror once per year. If you have served as a juror in a court outside of Cass County and wish to claim this exemption we will require documentation to excuse you.

Jurors who have served in the last 12 months are not required to serve. While we have procedures in place ensuring that jurors are not called twice in a 12-month period, people occasionally slip through because of name or identification number changes. If you served outside of Cass County (in a state, federal, or other county's court) we require documentation to excuse you.

Juror information is provided to us by the Secretary of State Office in Lansing. These names are taken from the driver's license and state ID card listing which the Secretary of State's Office maintains. Names are then randomly selected by computer system.

Please advise us of which months you will be available to serve.