Conservatorship FAQ

Wayne County, Detroit & Birmingham, MI Conservatorship FAQs

Michigan Conservatorship Lawyer

Attorney Dean Patrick has plenty of experience serving Metro-Detroit with his expertise in the conservatorship and probate realm. When it comes to the Michigan probate courts, Attorney Patrick knows the legal jargon that can typically go over people’s heads, and he wants you to be prepared in the event that you have to consider conservatorship for a loved one. The Law Office of Dean E. Patrick, LLC has compiled a list of frequency asked questions regarding conservatorship for your benefit.

Q: Who should appoint a conservator?
A: Planning for incapacity should be done by everyone who has the power to do so.

Q: Can I choose my own conservator?
A: Yes, if you are 18 years or older and have the capacity to do so.

Q: What happens if I do not choose my own conservator?
A: The probate court will appoint one for you.

Q: Do conservators get paid for their services?
A: Yes, conservators are entitled to “reasonable fees” and expense reimbursement.

Q: Is the conservator personally liable for the debts of the incapacitated?
A: No, the conservator, while acting as a fiduciary, is not responsible for the incapacitated individual’s debts.

Q: Someone close to me is or is becoming incapacitated; can we involuntarily force them into a conservatorship?
A: Under certain circumstances, the probate court can be petitioned to create an involuntary conservatorship.

Q: If my loved one is showing sings of incapacity, can they still appoint a conservator?
A: Capacity to nominate a conservator requires a lower level of capacity than contract capacity.

Q: What are some of the downsides to conservatorships?
A: Detailed paperwork, loss of privacy, court hearings, lawyers, and loss of control.

Q: What are some benefits to conservatorships?
A: Supervision of your conservator by the probate court will assure you assets are not mismanaged or even stolen.

Q: How do I prove that I am the conservator of an individual?
A: The probate court will issue letters of conservatorship indicating your appointment and any restrictions. This document is used to establish and manage account of the individual as necessary.

Q: When does a conservatorship end?
A: When the incapacitated individual passes away, has no assets, or is otherwise dissolved by the court.

Q: How can my loved ones and I avoid conservatorship?
A: We would recommend contacting Attorney Dean Patrick and have a Durable Financial Power of Attorney drafted. Call our Southfield, Michigan office at (248) 663-2566 or click here to arrange your free initial consultation.