Order Regarding Appointment Of Conservator Form. This is a Michigan form and can be use in Probate Statewide.
Tags: Order Regarding Appointment Of Conservator, PC 640, Michigan Statewide, Probate
Approved, SCAO JIS CODE: OCF STATE OF MICHIGAN PROBATE COURT COUNTY OF Estate of 1. Date of hearing: THE COURT FINDS: FILE NO. ORDER REGARDING APPOINTMENT OF CONSERVATOR ADULT MINOR , a protected individual Judge: Bar no. 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 adult 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. physical illness or disability. chronic use of drugs. chronic intoxication. confinement. detention by a foreign power. disappearance. other: and 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 conservator's appointment. 6. Upon presentation of clear and convincing evidence, the minor 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 person's minority. c. needs money for support and education, and protection is necessary or desirable to obtain or provide money. 7. It is in the ward's best interests for the guardian to sell or otherwise dispose of the ward's 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. requiring a bond would impose a financial hardship on the estate. other: (SEE SECOND PAGE FOR ORDER) Do not write below this line - For court use only American LegalNet, Inc. www.FormsWorkFlow.com PC 640 (9/12) ORDER REGARDING APPOINTMENT OF CONSERVATOR MCL 700.1309, MCL 700.5215(a), MCL 700.5314(b), MCL 700.5406, MCL 700.5407, MCL 700.5409, MCL 700.5410, MCL 700.5412, MCL 700.5418, MCL 700.5419, MCR 5.409 IT IS ORDERED: 10. The petition for the conservator is granted. denied on the merits. The conservator is not permitted to act until letters of conservatorship are issued. dismissed/withdrawn. 11. Name (type or print) Address City State , whose address and telephone number are , is appointed Zip Telephone no. a. conservator of all assets of the individual's estate. b. limited conservator of the following assets: . 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 $ $ pursuant to MCR 5.409[C].) must be filed. shall be deposited in a restricted account. (Verification must be filed using form PC 669 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. IT IS FURTHER ORDERED: Date Judge Attorney name (type or print) Address City, state, zip Bar no. Telephone no. American LegalNet, Inc. www.FormsWorkFlow.com