Macomb County Conservatorships

Conservatorships

If you have an adult child who is disabled, addressing the matter of their care once you’re gone is an important aspect of your estate planning needs. Additionally, you might have a parent or another individual who is incapacitated and cannot care for themselves. In either situation, assigning a conservator who is responsible for overseeing their financial concerns may be necessary.

Because your loved one’s ongoing needs are paramount in terms of your estate planning efforts, you need an experienced Michigan estate planning attorney in your corner.

Conservatorship vs. Guardianship

If someone is disabled or becomes incapacitated in the course of their lifetime, it means they lack the ability or understanding to either make or communicate informed decisions, and both a guardian and a conservator may be required. It’s important to note that both of these roles can be filled by the same person.

While a guardian takes care of an adult’s personal needs, a conservator is responsible for addressing their property and assets. If an adult has either a guardian or a conservator, it limits their legal right to handle their own matters.

It’s important to note that guardians and conservators who are appointed to adults who became disabled prior to turning 22 are guided by different laws than those who are appointed to those who were incapacitated as adults – as discussed here.

How Conservators Are Appointed

In Michigan, conservators are appointed in three steps.

1. The Petition is Filed

To begin, the petitioner, who will likely be the administrator of your estate, must file a petition with the probate court. This petition begins the probate process. The person for whom the conservatorship is being sought is called the respondent, and if a conservatorship is granted, they become the protected individual. From here, a hearing date is set, and copies of the petition are distributed to all interested parties.

2. The Court Investigates the Facts

The court then proceeds to consider the facts and determines whether the respondent needs a court-appointed attorney to represent them.

3. The Court Determines Need

Finally, the court determines whether the respondent requires a conservator, and if this is the case, the judge will choose an appropriate candidate who is willing to take on the responsibility. Finally, the conservator’s responsibilities begin as soon as they follow through with filing the bond the court directs them to. If you assign a suitable conservator in your will, the court is almost certain to implement your choice.

Don’t Wait to Consult with an Experienced Michigan Estate Planning Attorney

If your adult loved one is incapacitated, you may need to assign both a guardian and a conservator to help address their daily care and to oversee their finances and assets. These are important roles that the practiced Michigan estate planning attorneys at Aiello & Associates take very seriously.

We’re committed to helping you explore your best options, helping you make the choices that are right for you and your child, and helping to ensure that your wishes in this matter are upheld. Your child’s future is important, so please don’t wait to reach out and contact us for more information about what we can do to help you today.