Contested Conservatorships in Michigan: Protecting Financial Interests with Expertise

Contested conservatorships in Michigan represent some of the most intricate and emotionally charged areas of probate litigation. A conservatorship is a court-appointed arrangement where a conservator manages the financial affairs and property of a “protected individual”—typically an adult unable to handle their finances due to incapacity, or a minor with substantial assets (e.g., inheritance or settlement funds). Under Michigan’s Estates and Protected Individuals Code (EPIC), conservators act as fiduciaries with broad powers over income, investments, bills, taxes, and asset protection. When disputes arise—challenging the need for conservatorship, the suitability of the conservator, alleged mismanagement, or seeking termination—the matter becomes contested, demanding rigorous evidence, court hearings, and often expert testimony.

These contests can involve vulnerable adults facing mental illness, dementia, physical disability, or chronic conditions impairing financial judgment, as well as minors receiving large sums without parental oversight. Conflicts frequently emerge from family disagreements over control, suspicions of exploitation, or concerns about overreach restricting independence. Outcomes affect not just finances but dignity, autonomy, and family relationships. Without dedicated legal advocacy, protected individuals risk asset depletion or unnecessary restrictions, while accused conservators face removal or liability.

At Patrick & Associates, PLLC, led by veteran Michigan probate litigator Dean E. Patrick, we excel in contested conservatorships for adults and minors. Whether you’re a family member petitioning for protection, challenging an appointment, defending against removal accusations, or seeking modification/termination, we offer strategic, compassionate representation. With extensive experience in probate courts, we handle petitions, hearings, investigations, and trials to safeguard financial interests. Our approach prioritizes accountability, prudence, and the protected individual’s welfare—pursuing mediation where possible or aggressive litigation when required.

Common Grounds for Contesting Conservatorships in Michigan

Contests require clear and convincing evidence that the conservatorship is unwarranted, improper, or abusive. Grounds vary by case type but center on necessity and fiduciary integrity.

For adult conservatorships (incapacity from illness, disability, or age-related decline):

• Lack of need—evidence the individual can manage finances independently or with less restrictive tools (e.g., durable power of attorney).
• Unsuitable conservator—conflicts of interest, history of mismanagement, or exploitative motives.
• Breach of fiduciary duty—self-dealing, imprudent investments, failure to account, or commingling funds.
• Abuse or waste of assets—unauthorized spending or neglect leading to financial harm.
• Restored capacity—medical proof allowing termination.
• Procedural violations during appointment.

For minor conservatorships (protecting inheritance, settlements, or assets until age 18):

• Parental or guardian fitness—disputing claims requiring court oversight.
• Best interests of the minor—arguing the conservator is unsuitable or restrictions unnecessary.
• Improper scope—challenging full vs. limited conservatorship.
• Mismanagement risking the minor’s funds.
• Approaching majority—seeking early termination.

Courts appoint guardians ad litem (GAL) or visitor investigators to assess finances and recommend actions. Limited conservatorships are favored to preserve independence where possible.

The Contested Conservatorship Process in Michigan

Litigation unfolds in probate court with strict procedural safeguards.

Key stages:

• Petition Filing: Challenge appointment, seek removal/surcharge, or terminate with supporting evidence (financial records, medical evaluations).
• Investigation: Court-ordered GAL or professional review of assets, needs, and conservator conduct.
• Hearings: Present evidence; temporary orders may suspend powers during contest.
• Discovery: Exchange documents, depositions, expert reports (e.g., accountants on mismanagement).
• Mediation: Encouraged to resolve without trial, preserving assets and relationships.
• Trial: Judge decides based on prudent management standards; no jury.
• Appeals: If warranted, through Michigan appellate system.

Adult cases emphasize least restrictive alternatives; minor cases weigh long-term protection. Timelines range from months for settlements to years for complex litigation involving large estates.

Frequently Asked Questions About Contested Conservatorships in Michigan

Here are answers to common questions, covering adult and minor cases:

Risks and Challenges in Contested Conservatorships

These disputes pose substantial risks:

• Financial depletion from legal fees, bonds, or ongoing mismanagement.
• Personal liability for conservators (surcharge for losses).
• Emotional family division, often permanent.
• Delayed access to funds harming the protected individual.
• Evidentiary hurdles—proving waste or incapacity demands detailed records/experts.
• Court scrutiny exposing private finances publicly.
• In minor cases, coordination with guardianships or family court.

DIY efforts frequently falter on procedure, burden of proof, or bias.

Benefits of Experienced Representation in Contested Conservatorships

A skilled probate attorney delivers critical edge:

• Thorough Evaluation: Assess contest viability to avoid meritless claims.
• Evidence Mastery: Compile financial audits, expert testimony, and documentation.
• Fiduciary Defense/Challenge: Protect honest conservators or secure removal/surcharge.
• Efficiency: Expedite through court familiarity and mediation.
• Asset Preservation: Prevent waste during litigation.
• Compassionate Advocacy: Navigate sensitivities with discretion.
• Comprehensive Outcomes: Achieve limited scopes, terminations, or protections tailored to needs.

For adults, we push alternatives; for minors, we ensure funds are safeguarded responsibly.

How Patrick & Associates, PLLC Approaches Contested Cases

We provide end-to-end support:

• Free initial review of finances and circumstances.
• Strategic planning with investigators and experts.
• Priority on mediation for cost-effective resolutions.
• Aggressive trial preparation when stakes demand.
• Clear, ongoing client communication.

Serving Wayne, Oakland, and surrounding counties with personalized service.

Why Choose Patrick & Associates, PLLC?

Dean E. Patrick offers decades of focused expertise in Michigan conservatorship litigation, resolving hundreds of disputes—from elder financial exploitation to minor inheritance protections. Renowned for analytical precision, courtroom effectiveness, and empathetic guidance, we’ve recovered assets for protected individuals and defended dedicated conservators. Our firm achieves accountable, prudent outcomes in probate court.

Contested conservatorships move quickly—act promptly to protect interests.

Contact us today at (248) 663-2566 or via online form for your complimentary consultation.

Don’t face conservatorship challenges alone when mistakes can have devastating, lifelong consequences. Team up with us for proven advocacy by your side.