Conservatorships Blog
Three Rivers Estate Planning - Conservatorship Law Blog

The Initial Role of the Court in Conservatorship Proceedings

Posted December 4, 2018

The court process has three goals:

  • ensuring an individual for whom a petition is brought needs a conservator;
  • establishing the conservator's powers to reflect the demonstrated needs of the individual and to encourage self reliance; and
  • appointing a person to serve as conservator who is honest, willing and able to handle the task.

Handbook for Conservators of Adults, Eighth Michigan Edition, 2012

 

Need for a Conservatorship

Posted November 15, 2018

  • When the minor owns money or property that requires management or protection that cannot otherwise by 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.

Individual interested in the minor person's estate, affairs, or welfare may file the petition 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.

 

Request for Funds:

Posted October 2, 2018

The Court strictly follows the policy that it is the legal responsibility of the Conservator to preserve the minor's money until the minor attains age 18 and to only spend money for the child's necessities if the Conservator could not otherwise obtain through parents or spend as a parent. This policy applies to using and investing money in restricted bank accounts or securities guaranteed by the federal government as stated on the restrictions on the Letters of Conservatorship. There always must be approval of annual accounts of Conservatorship where unrestricted monies are involved.

The Court will only sign orders to withdraw restricted funds and accumulated interest and dividends in conformance with this written policy. It is the Conservator's responsibility to only spend money in accordance with this policy and ask for Orders for any exceptions. No expenditure will be allowed unless it directly benefits the child. No expenditure will be allowed if the expenditure relieves a parental obligation that could otherwise be met. Exceptions include unusual circumstances, which create an exceptional burden on the family such as very large medical or educational expenses. All such exceptions of restricted funds require a Court Order.

 

 

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