By: Robert J. Stelmock, Attorney & Mediator at Stelmock Law Firm, PC
A conservator may be appointed by a probate judge after a petition is filed in the probate court. The petition may be filed by anyone interested in the wellbeing of the adult or minor. When the conservatorship petition is filed, a hearing will be scheduled with a probate judge. In addition, the probate court will appoint a guardian ad litem to investigate the situation and make a recommendation, prior to the hearing, to the court regarding whether there is a need for the conservatorship.
The primary duty of a conservator is to preserve the assets of the protected individual. A conservator also has the duty to use the protected individual’s money for the support, education, care and benefit of the protected individual and his or her dependents.
A conservator is to observe the standard of care applicable to a trustee. MCL 700.5416. That standard of care is defined as what a prudent man would do when dealing with the property of another. The conservator is required to follow Michigan’s Prudent Investor Rule. All decisions are to be made keeping in mind the best interests of the protected individual.
Upon the conservator’s appointment, the court has made the determination that the protected individual is unable to manage his or her affairs, so the conservator must be prepared to begin securing all assets immediately. A conservator should gather and secure all assets of a protected individual as soon as appointed by the probate court. It is often important that a conservator move quickly to make sure individuals that may be exploiting the protected individual are not able to access the protected individual’s assets, or that the protected individual does not remove assets that could be wasted.
Your specific situation may be somewhat different from the norm; please call, 734.927.9782, the Canton Michigan Probate Lawyers and Conservator Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187.