Adult Conservatorships cases established by filing a petition for conservatorship is the Probate Court in the county where the adult resides. If the adult lives out of state, the proper venue is the Probate Court in the county where the adult's property is located.

Any person interested in the estate of the adult, including the adult individual themselves, a person who would be adversely affected by the lack of effective management of the individual’s property and business affairs may petition the court for the appointment of a conservator. Also, a representative of the local Department of Human Services may petition for appointment of a conservator for a vulnerable adult, unable to protect him/herself from abuse, neglect or exploitation because of a mental or physical impairment, or because of advanced age. MCL 400.11. File a case using  Petition for Appointment of Conservator (PC 639). There is a $150 filing fee that must be paid when the petition is filed. The Probate Court accepts payment by cash, check or money order. The Probate Court does not accept credit or debit card payments.

The petitioner must give notice of the time and place of the conservatorship hearing to all interested parties: the individual to be protected, the presumptive heirs of the adult, a person named as attorney in fact for the adult pursuant to a Durable Power of Attorney, the nominated conservator, and a governmental agency paying benefits to the adult to be protected. MCR 5.125.

In special circumstances other people who must be notified are the Administrator of Veterans' Affairs if benefits are payable by the Veterans' Administration on account of the respondent, a guardian, conservator, or guardian ad litem of a person who is an interested person, an attorney who has filed an appearance with the court, any special fiduciary and any person who has filed a request for notice with the court. MCR 5.125.

Unless the adult already has an attorney representing him/her, or if the adult themselves is petitioning for the appointment of a conservator because they are mentally competent but aged or infirm, the probate court will appoint a Lawyer guardian ad litem. The lawyer guardian ad litem will meet with the adult and the petitioner and write a report for the court with recommendations about whether a conservatorship should be granted, and, if so, who the conservator should be.

Once the petition is filed with the court, along with the filing fee and proof that the interested parties have been served with the petition, the court holds a hearing. At the hearing the court may deny the petition so that no conservator is appointed, or grant the petition and appoint a conservator.

An individual or a corporation authorized to act as a fiduciary may be appointed to act as conservator pursuant to the following order of priority: a conservator or similar fiduciary for the adult who has been appointed or recognized by another court, the individual or corporation who has been nominated by the protected person and is of sufficient mental capacity to make an intelligent choice including a nomination made in a Durable Power of Attorney, the protected individual’s spouse, an adult child of the protected individual, a parent of the protected individual or a person nominated by the will of a deceased person, a relative of the protected person with whom he or she resided for more than 6 months before the petition is filed, a person nominated by the person who is caring for or paying benefits to the protected individual, or, if none of these persons or corporations are suitable and willing the serve then the court may appoint any willing person that the court determines is suitable. MCL 700.5409.

The court may appoint a conservator if it finds that the adult owns money or property requiring management or protection that cannot otherwise be provided, or needs money for support and education and that protection is necessary or desirable to obtain or provide money. MCL 700.5401. The court may appoint a conservator if a basis for the appointment is proven by clear and convincing evidence. MCL 700.5406.

The conservator must gather, secure and list all of the ward’s assets within 56 days of being appointed by the court. The conservator does this by filing an Inventory form (PC 577) with the court. Along with the Inventory the conservator should file a tax assessor record showing the current State Equalized Value for any real estate owned by the ward and copies of any bank statements. In addition to filing the Inventory with the court the conservator must serve a copy of the Inventory on all interested persons and file a Proof of Service form (PC 564) showing that it was served.

Every year that the conservatorship continues, the conservator must file with the court the Annual Account (PC 583) which updates the court on any changes to the amount of money in the minor ward’s estate over the preceding year. This form must be filed each year on the anniversary date of the filing of the Inventory. This form must be served on the ward and all interested persons. The Annual Account form has spaces to show all income and all disbursements made over the past year. The accounts are designed to be read in the context of the Inventory or the prior account. The balance of funds reflected on the Inventory should be shown as the ‘beginning balance’ on the second page of the Annual Account. For all Annual Accounts filed after the first account, the ending balance from the prior year’s Annual Account should match the beginning balance on the current year’s Annual Account. When filing the Annual Account the conservator must attach a bank statement confirming the account balance as listed on the Annual Account.

As a service, the Washtenaw County Probate Court may send reminder postcards to the conservator 28 days prior to the due date of the Inventory or Annual Account. The postcard states which document is due (Inventory PC 577 or Annual Account PC 583), the due date and the court address. The conservator should locate the form that is due (available on the forms page of this website) must complete, date and sign the proper form, and file it with the probate court with a $20 filing fee. The form, accompanying bank statement and $20 fee may be filed in person or mailed to the Probate Court office.

If the Washtenaw County Probate Court does not receive the Inventory or Annual Account when it is due the court will schedule a hearing for the conservator to come to court and explain why the form was not timely filed.

A conservatorship terminates when there is no longer a need for it because the ward has regained their ability to manager their assets, the ward no longer resides in the county where the conservatorship was opened, or the ward dies. Any person interested in the adult ward, including the ward themselves, may petition the court to terminate the conservatorship by filing a Petition to Terminate or Modify Guardianship/Conservatorship (PC 638). A final account must be filed with the court showing the final balance of the ward’s assets.

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