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