Guardianship/Conservatorship for Minors

When may a guardian or conservator be necessary for a minor?

When a minor does not have a responsible parent or adult to make daily living decisions for him or her, then that minor may be in need of a guardian. When a minor owns property or needs representation in a legal action, then that minor may need a conservator.

In which county should I file to open a guardianship?

A petitioner would file a guardianship petition in either the county where the minor resides (i.e., where they live) or where the minor is present.

In which county should I file to open a conservatorship?

A petitioner would file a conservatorship petition in the county where the minor resides (i.e., where they live). If the minor resides outside of Michigan , but has property in Michigan , the petitioner may file a conservatorship in the county where the minor’s property is located.

What is the difference between a guardian and a conservator?

Generally, it can be said that the guardian makes decisions about the person, such as medical or housing decisions, and the conservator makes decisions about the property or the finances of the minor. These are two different roles and two different cases, and it is not required that the same person serve in both roles

How are guardians and conservators appointed?

A guardian or 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 well-being of the minor, except that one type of guardianship (limited) may only be requested by a parent having custody or by both parents if both parents have custody. For a limited guardianship, the court must approve a placement plan for the minor, including how long the guardianship is to last.

When the petition is filed, a hearing will be scheduled (in some emergency cases, it may be possible to obtain temporary guardian before the hearing). The person who files the petition has the responsibility to properly notify the persons who have a right to know about the hearing. IN GUARDIANSHIP CASES, IF A PARTY IS INCARCERATED UNDER THE JURISDICTION OF THE MICHIGAN DEPARTMENT OF CORRECTIONS, THEIR NAME, ADDRESS, AND PRISONER NUMBER MUST BE LISTED ON THE PETITION. TO OBTAIN THIS INFORMATION, CALL (517) 373-6391 OR GO ON-LINE AT: http://mdocweb.state.mi.us/OTIS2/otis2.html. In addition, the court may appoint a guardian ad litem to investigate the situation and make a recommendation to the court prior to the hearing.

On the date of the hearing, the petitioner and anyone else who wants to take part in the hearing goes before the Judge and explains the need for a guardian or conservator. The person who is appointed guardian is required to file an Acceptance of Appointment. The person who is appointed conservator must file an Acceptance of Appointment and may also be required to file a Bond to protect the minor’s assets. After filing the Acceptance of Appointment (and Bond, if required), Letters of Authority will be issued to the guardian or conservator. (The Letters of Authority give the guardian or conservator the right to perform the following duties, unless the court restricts their authority.)

What are the duties of a guardian?

1. The guardian generally has the same authority and responsibility as a parent for a minor except that a limited guardian cannot consent to a minor’s adoption. A regular guardian cannot consent to a minor’s adoption without the court’s permission.
2. The guardian is required to file every year an Annual Report of Guardian on Condition of Minor. The report must be filed within 56 days of the anniversary date of the appointment. The information contained in the report allows the court to assess how the guardianship is working and whether it is still necessary.

What are the duties of a conservator?

1. Within 56 days of being appointed, the conservator must file an Inventory. The Inventory is a listing of all assets of the minor. Assets may consist of real estate, stocks, bonds, certificates of deposit, savings and checking accounts, and everything in which the minor has an interest.
2. It is the duty of the conservator to care for and preserve all of the assets of the minor and to represent the minor in any legal proceeding.
3. The conservator must keep careful records of all income of the minor and all disbursements of the minor’s funds. The conservator must keep the minor’s assets separate from his or her own and never “borrow” from the minor’s assets.
4. It is the duty of the conservator to file an Annual Account each year within 56 days after the anniversary date of the conservator’s appointment. The Account must list receipts (monies in) and disbursements (monies out). Save your receipts; one must be presented to the court for each disbursement.
5. The court may require that the bank accounts or investments be held in restricted accounts. When the court orders the restricted account, the conservator must meet with the financial institution to complete PC 669, Proof of Restricted Account and Annual Verification of Funds on Deposit (Conservatorship of Minor) and file it with the court. With restricted accounts, no funds may be withdrawn without first obtaining prior court approval. Once the court orders that funds are held by the conservator in a restricted account(s), the PC669 must filed annually with the court to confirm the balance of funds in the account and the continuing restrictions on the account.

When may a guardianship or conservatorship be terminated?

Anyone, including the minor who is at least 14 years of age, may file a petition to modify the guardianship or conservatorship or to have a different guardian or conservator appointed. With the court’s permission, the guardian may resign at any time. When the minor reaches 18 years of age or dies, the court should be notified so that the guardianship can be ended and the court’s case closed. Before the conservator can be discharged and the conservatorship closed, a Final Account will have to be filed and approved by the court and the court will have to be satisfied that the minor (now adult) or his or her estate (if the minor has died) has received whatever assets remain.

Do I need an attorney?

If you have additional questions consider seeking legal advice from an attorney. By law, court employees are not permitted to give legal advice.

How much time should I plan on spending at the court to open a guardianship and\or conservatorship?

There are different methods to submit documents to the court, see WCPC - Filing (www.wcpc.us/filing.html) for detailed information and instructions. Depending upon the method used to submit your filing, the anticipated time it takes will vary, but it can be completed as quickly as attaching the completed documents as a pdf and sending them to the court via email.

How do I get certified copies of court documents?

See WCPC - Copy Request (www.wcpc.us/FAQ/copyrequest.htm).