Minor conservatorships are created so that someone, usually a parent, can preserve significant assets that belong to a minor ward and increase their value as much as possible before turning them over to the ward when they turn 18 years of age. The money that is the subject of a conservatorship belongs to the minor ward, not to the conservator, and generally may not be used to provide routine care and support for the minor.

The proper venue (place) to file a petition for conservatorship is the county where the minor resides. If the minor lives out of state the proper venue is the place where property of the minor ward is located.

Any person interested in the estate of a minor, or the minor themselves if they are 14 years of age or older, may petition the court for the appointment of a conservator. File a case using the  Petition for Appointment of Conservator (PC 639). There is a $150 filing fee and a $14 certification fee  that must be paid when the petition is filed. The Probate Court accepts payment by cash, check or money order. The Probate Court does not accept credit or debit card payments.

The petitioner must give notice of the time and place of the conservatorship hearing to all interested parties: the individual to be protected if 14 years of age or older and the nominated conservator. MCR 5.125 (C) (24). The biological father of a child born out of wedlock need not be served notice of proceedings in which the child's parents are interested persons unless his paternity has been determined in a manner provided by law. MCR 5.125 (B) (4).

In special circumstances other people who must be notified are the Administrator of Veterans' Affairs if benefits are payable by the Veterans' Administration to the respondent, guardian, conservator, or guardian ad litem of a person who is an interested person, an attorney who has filed an appearance with the court, any special fiduciary and any person who has filed a request for notice with the court. MCR 5.125.

If the Court determines that the minor’s interests are or may be inadequately represented the Court may appoint a lawyer guardian ad litem to represent the best interest of the minor.

Before filing a petition please read How to File a Minor Conservatorship Petition in Probate Court.  Once the petition is filed with the Court, along with the filing fee, and the interested parties have been served with the petition the court holds a hearing. At the hearing the Court may deny the petition so that no conservator is appointed, or grant the petition and appoint a conservator.

An individual or a corporation authorized to act as a fiduciary may be appointed to act as conservator in the following order of priority: a conservator or similar fiduciary for the minor who has been appointed or recognized by another court, the individual or corporation who has been nominated by the protected person if they are 14 years of age or older and of sufficient mental capacity to make an intelligent choice including a nomination made in a Durable Power of Attorney, a parent of the protected individual or a person nominated by the Will of a deceased person, a relative of the protected person with whom he or she resided for more than 6 months before the petition is filed, a person nominated by the person who is caring for or paying benefits to the protected individual, or, if none of the aforementioned persons or corporations are suitable and willing the serve then the court may appoint any person willing to serve who the court determines is suitable. MCL 700.5409.

The Court may appoint a conservator if it finds that the minor owns money or property requiring management or protection that cannot otherwise be provided, has or may have business affairs that may be jeopardized or prevented by minority, or needs money for support and education and that protection is necessary or desirable to obtain or provide money. MCL 700.5401(2). The Court may appoint a conservator if a basis for the appointment is proven by clear and convincing evidence. MCL 700.5406.

If the Court appoints a person or persons to be the conservators of a minor the judge will sign Letters of Conservatorship (PC 645) and Order Regarding Appointment of Conservator (PC 640). In Washtenaw County the Letters and the Order are signed at the conclusion of the hearing, the file is brought by court staff from the courtroom to the probate court office where a certified copy of the Letters is made and given to the conservator. The conservator signs the Acceptance of Appointment (PC 571) and the Confidential Information Sheet. The conservator also signs up to attend a mandatory training session regarding the responsibilities that the guardian has to the Court and to the minor ward.

It is the policy of the Washtenaw County Probate Court and a “Best Practice” according to the Michigan Supreme Court Administrator’s Office (SCAO) to require that all of the minor’s assets be deposited into restricted accounts, to prevent withdrawal of the minor’s funds without a prior court order. In Washtenaw County, a screening process has identified those banks which the Court believes are best able and willing to safeguard the funds of minor wards and prevent withdrawals from being made without a prior court order. The Probate Court has identified two banks that not only ‘flag’ each minor ward’s account, but also provide the court with the ability to view each account on-line to verify what is being reported by the conservator on their inventory or annual account.

The only two banks approved by Washtenaw County Probate Court for deposit of the funds of a minor ward are: Bank of Ann Arbor and Michigan Commerce Bank. While these banks primarily provide savings accounts for minor wards funds, their trust departments are able to provide more sophisticated investments for larger amounts of money which still provide restricted access to the funds to satisfy the court. Investments other than savings account or certificates of deposit need prior court approval.

The Conservator must gather, secure and list all of the ward’s assets within 56 days of being appointed by the Court and file an Inventory form (PC 577) with the Court. Along with the Inventory, the Conservator should file a tax assessor record showing the current State Equalized Value for any real estate owned by the ward and copies of bank statements from an approved banks confirming the value of the assets shown on the Inventory form. In addition to filing the Inventory with the Court the Conservator must serve a copy of the Inventory on all interested persons and file a Proof of Service form (PC 564) showing that it was served.

Every year that the conservatorship continues, the Conservator must file with the Court the Annual Account (PC 583) which updates the Court on any changes to the amount of money in the minor ward’s estate over the preceding year. This form must be filed each year on the anniversary date of the filing of the Inventory. This form must be served on a ward 14 years of age or older and all “interested persons”. The Annual Account form has a space to show all income and all disbursements made over the past year, however, for the estate of minor wards there should not be any disbursements or withdrawals unless specially ordered by the Court. The accounts are designed to be read in the context of the Inventory or the prior account. The balance of funds reflected on the Inventory should be shown as the ‘beginning balance’ on the second page of the Annual Account. For all Annual Accounts filed after the first account the ending balance from the prior year’s Annual Account should match the beginning balance on the current year’s Annual Account. When filing the Annual Account the conservator must attach a bank statement confirming the account balance as listed on the Annual Account.

As a service, the Washtenaw County Probate Court may send reminder postcards to the Conservator 28 days prior to the due date of the Inventory or Annual Account. The postcard states which document is due (Inventory PC 577 or Annual Account PC 583), the due date and the court address. The Conservator must complete, date and sign the proper form, and file it with the probate court with a $20 filing fee. The form, accompanying bank statement and $20 fee may be filed in person or mailed to the Probate Court office.

If the Washtenaw County Probate Court does not receive the Inventory or Annual Account when it is due the Court will schedule a hearing for the Conservator to come to court and explain why the form was not timely filed.

A minor conservatorship typically terminates on the minor’s 18th birthday.  When the minor turns 18 the Conservator must file a Final Account (PC 648) along with a bank statement verifying the amount in the account, and a Receipt of Ward and Discharge (PC 649 ) signed by the minor showing that they received their assets in full.

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