Adult Conservatorship

PLEASE READ BEFORE PROCEEDING

This information is not intended to be legal advice, but a brief explanation of the basic procedure that is required.  Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you. You are not required to have an attorney; however, the Court cannot act as your attorney. If you do not understand process or have questions on what to do, you will need to obtain other assistance.

Conservatorship for an Adult

A conservator is someone appointed by the Probate Court with control of and responsibility for financial assets and property of another person.

When an adult becomes unable to make responsible decisions and/or manage his or her own property or finances, a Petition may be filed asking the Court to appoint a conservator for that adult.  

Petition to Modify/Terminate a Conservatorship for an Adult

If a change needs to be made to the conservatorship, a petition to modify the conservatorship may be filed. If the conservatorship is no longer needed, a petition to terminate the conservatorship may be filed.

Objection

If you do not agree with a Petition, Inventory, or Account that has been filed, you may file an Objection along with filing fee of $20.00. A copy of you Objection must be mailed or hand-delivered to interested parties and a Proof of Service must be filed with the Court.

Inventory

An inventory of the protected estate must be filed within 56 days of the conservator's appointment. A copy of the inventory must be mailed or hand-delivered to interested parties and a proof of service must be filed with the Court when the inventory is submitted. 

Interested parties are defined under Michigan Court Rule 5.125(A) and Michigan Court Rule 5.125(C)(27).

*Use MC 97 if you are providing financial account numbers. Do not provide account numbers on the Inventory form.

Account

An Account is a yearly report of incoming income and outgoing expenses filed yearly with the Court. The annual Account is due no more than 56 days of the anniversary of the issuance of the letters of conservatorship. Final account is due within 56 days of the end of a conservator's authority. A copy of the Account must be mailed or hand-delivered to interested parties and a Proof of Service must be filed with the Court.

Interested parties are defined under Michigan Court Rule 5.125(A) and Michigan Court Rule 5.125(C)(27).

*Use MC 97 if you are providing financial account numbers. Do not provide account numbers on the Inventory form.

Withdrawal of Petition

If you have filed a Petition that you would like to withdraw, a Withdrawal of Petition form may be filed.

Additional Resources

• Handbook for Conservators of Adults (PDF)
• Frequently Asked Questions
• Self-Help Legal Resource Center of Berrien County
• Legal Resource and Referral Center