Frequently Asked Questions

A conservator is a fiduciary appointed by the Court to manage the assets of another individual. A conservatorship may be necessary if an individual is unable to manage his/her property and business affairs effectively because of: 

• Mental illness
• Mental deficiency 
• Physical illness or disability 
• Chronic use of drugs 
• Chronic intoxication 
• Confinement  
• Detention by foreign power 
• Disappearance

And, the individual’s property will be wasted or dissipated unless proper management is provided or funds are needed to provide support, care, and welfare to the individual or his/her dependents. Also, an individual who is mentally competent can request the appointment of a conservator if they are unable to manage his/her property effectively because of age or physical infirmity.  MCL 700.5401 

There may be some alternatives to a conservatorship, which are mentioned on form PC 667, which is included in this packet. When filing a petition for conservatorship, the petitioner must sign this form acknowledging that they have read the information.  

The petition can be filed by the person to be protected, any person who is interested in the individual’s estate, affairs, or welfare, or any person who would be adversely affected by the lack of effective management of the individual’s property and business affairs.  MCL 700.5404(1).

The proper venue for a conservatorship petition is the county in which the individual to be protected resides.  If the individual to be protected resides outside of Michigan, but has property in Michigan, the petition should be filed in the county where the property is located.  MCL 700.5403. 

The subject of the conservatorship proceeding must be personally served with PC 668 – Notice on Petition for Conservator or Protective Order, which notes the individual has the right to:  

• An independent evaluation; 
• Be present at the hearing; 
• Be represented by an attorney; 
• Present evidence and cross-examine witnesses; 
• A trial by jury;  
• Request that the hearing be closed to the public.     

MCL 700.5406 

If the Probate Judge is satisfied that the statutory grounds for a conservatorship have been established by clear and convincing evidence, the Judge may appoint a conservator for the protected individual. MCL 700.5401. The Judge may require that the conservator obtain a bond. MCL 700.5410. If ordered, it is the conservator’s responsibility to obtain the necessary bond and file it with the Court for approval. The conservator cannot act until Letters of Conservatorship are issued, which are issued only after the conservator has filed an acceptance and furnished the required bond. MCL 700.5412(1)