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Order Appointing Conservator Form. This is a Michigan form and can be use in Probate Statewide.
Tags: Order Appointing Conservator, PC 640, Michigan Statewide, Probate
Approved, SCAO � JIS CODE: OCFSTATE OF MICHIGANPROBATE COURTCOUNTY OFORDER REGARDING APPOINTMENTOF CONSERVATOR ADULT MINORFILE NO. en-USEstate of en-USFirst, middle, and last nameen-US , a protected individual 1. � Date of hearing: en-US � Judge en-USBar no.en-USTHE COURT FINDS: 2. � Notice of hearing was given to or waived by all interested persons. � 3. � The individual is not in need of a conservator. � 4. � Upon presentation of clear and convincing evidence, the en-USadulten-US individual is in need of a conservator because s/he is � unable to manage his/her property and business affairs effectively because of � � mental illness. � mental deficiency. � en-US physical illness or disability. � chronic use of drugs. � chronic intoxication. � en-US confinement. � detention by a foreign power. � disappearance. � en-US other: en-US en-USand � en-US a. the individual has property that will be wasted or dissipated unless proper management is provided, or � � b. � money is needed for the support, care, and welfare of the individual or those entitled to be supported by the � individual and that protection is necessary to obtain or provide the money. � � 5. � The individual is mentally competent but because of age or physical infirmity is unable to manage his or her property and � affairs effectively and, recognizing this disability, has requested a conservator222s appointment. � 6. � Upon presentation of clear and convincing evidence, the en-USminoren-US individual is in need of a conservator because the minor � � a. � owns money or property that requires management or protection that cannot otherwise be provided. � � b. � has or may have business affairs that may be jeopardized or prevented by the person222s minority. � � c. � needs money for support and education, and protection is necessary or desirable to obtain or provide money. � 7. � It is in the ward222s best interests for the guardian to sell or otherwise dispose of the ward222s real property or interest in real � property. The guardian should be appointed as special conservator to petition for sale of the real estate. � 8. � There is no qualified, suitable individual willing to act as conservator and the appointment of a professional conservator � is in the best interests of the adult or minor. A bond must be filed. � 9. � The value of cash and property that is readily convertible into cash in the estate exceeds the limit for administering the � estate under MCL 700.3982. � � a. � Bond must be filed. � � b. � Bond is not required under MCL 700.5410(1) because � � the estate contains no property readily convertible to cash, and the cash is already in a restricted account with a � financial institution or will be deposited in a restricted account. � � the conservator has trust powers pursuant to MCL 487.14401. � � en-US requiring a bond would impose a financial hardship on the estate. � � other: American LegalNet, Inc. www.FormsWorkFlow.com File No. en-USIT IS ORDERED: 10. � The petition for the conservator is � granted. � denied on the merits. � en-US dismissed/withdrawn. � The conservator is not permitted to act until letters of conservatorship are issued. � � 11. � en-USName (type or print)en-US , whose address and telephone number are � en-USAddress City State Zip Telephone no.en-US , is appointed � � a. � conservator of all assets of the individual222s estate. � � b. � limited conservator of the following assets: en-US � en-US en-US . The individual retains title to all other assets in the estate. � � c. � special conservator with authority to proceed under MCL 700.5423(3) in order to dispose of real property. � Acceptance of appointment must be filed. � � Bond at $ en-US en-US must be filed. � � $ en-US en-US shall be deposited in a restricted account. en-US(Verification must be filed using form PC 669 pursuant to � MCR 5.409[C][4].) � The conservator is not permitted to act until letters of conservatorship are issued. After qualification, the conservator � shall comply with all relevant requirements under the law. � 12. � The conservator is not required to file an annual account. � 13. � The � attorney � guardian ad litem � for the individual is discharged. � 14. � en-USIT IS FURTHER ORDERED: en-USDate � en-USJudge en-USAttorney name (type or print) Bar no. en-USAddress en-USCity, state, zip Telephone no. American LegalNet, Inc. www.FormsWorkFlow.com