When an adult becomes unable to manage his or her property and financial affairs effectively because of certain reasons and 1) he or she has property that will be wasted or used up unless proper management is provided; or 2) funds are needed for support, care and welfare of the adult and any of his or her dependents a conservator may be needed. A conservator is a person appointed by a probate court and given power and responsibility for the estate (financial assets and property) of an adult.
A mentally competent adult who, because of age or physical limitation, may voluntarily petition the court himself or herself for the appointment of a conservator to assist in managing his/her estate.
Prior to the filing of a conservatorship petition, the petitioner should review What you Need to Know Before Filing a Petition to Appoint a Conservator which contains information and answers to frequently asked questions as well as Alternatives to Full Guardianship which provides information regarding a limited guardian, conservator, patient advocate designation, do-not-resuscitate declaration, or durable power of attorney with or without limitations on purpose, authority, or time period, and an explanation of each alternative. There are additional pamphlets on our website that may assist in determining if a conservator is needed.
Montcalm County does not have a "public" conservator to appoint in this type of case. If filing a Petition for Conservator, you must submit the name of a proposed conservator.
When a conservatorship petition is filed, the court will appoint a guardian ad litem (unless the allegedly incapacitated individual has legal counsel of his or her own choice) to investigate the situation and make a recommendation to the court prior to the hearing. A guardian ad litem is a local attorney appointed by the court to represent the interests of the alleged incapacitated individual. The guardian ad litem will not act on behalf of the petitioner. This guardian ad litem will charge for his/her services and those fees are payable by the petitioner or the protected individual's estate. See Guardian ad Litem/Attorney Fee Schedule.
In the event the individual states to the guardian ad litem that they wish to be present for the hearing, IT IS THE RESPONSIBILITY OF THE PETITIONER to see that they have transportation to the Court. If the petitioner fails to provide said transportation, the hearing will be adjourned until a later date.
If a petition for conservatorship is filed in which a protective order pending a hearing on the conservatorship is requested, the petition will be presented to the Judge. If the allegations in the petition warrant further investigation, a guardian ad litem will be appointed to the individual who will then make a recommendation to the court regarding the necessity of issuing a protective order.What are the duties of a conservator?
What is the difference between a guardian and a conservator?
Starting an Adult Conservatorship Case
How do I close or terminate an Adult Conservatorship case?