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Procedure for becoming a conservator
for a minor:
When a minor child receives an asset, including money, and a
conservator is required, a petition can be filed to have a conservator
appointed.
If you or another party wish to be appointed the conservator for a
minor, the Petition for Appointment of Conservator needs to be
completed. An Acceptance of Appointment is required to be completed by
the person who you wish to be appointed as conservator. If the minor is
14 years of age or older, the minor must also sign the Petition where
indicated in Paragraph 17. The Court requires all persons involved in
the conservatorship to approve the petition and may require a
waiver/consent from each interested person.
If you wish to have a public conservator appointed, the Court can
appoint Oakland Livingston Human Service Agency (OLHSA). This is a
non-profit agency that has a guardianship and conservatorship program.
The agency does charge for their time and fees are incurred when OLHSA
is appointed. The approved fees will be taken from the minor's funds. If
you have questions regarding the fees for using OLHSA, you can contact:
OLHSA Guardian Services (517)
546-8510
2300 E. Grand River, Suite 107
Howell, MI 48843-7584
The Court will issue restricted letters
of authority after receiving the required documentation and filing fee.
The court may require a surety bond be filed by a conservator in certain
cases. Certified copies of Letters of Authority can be purchased for
$11.00 each.
RESTRICTED LETTERS OF AUTHORITY: Monies are deposited by the conservator
and the financial institution would complete the Restricted Account
Agreement. The conservator is required to file an Inventory of the
assets that you have been given authority over with the court within 56
days from the date of your appointment. The Restricted Account Agreement
should be attached to the Inventory form when filed with the Court.
The conservator is required to file annual accounts within 56 days after
the end of the accounting period. There is a $20.00 filing fee required
when accounts are filed. The accounting period ends on the anniversary
date of the issuance of the letters of authority (this is the date you
were appointed). The conservator must attach a copy of the applicable
financial institution statement to the annual account of fiduciary. The
conservator can attach multiple copies of financial institution
statements, if appropriate.
Accounts need to be filed and approved each year. Accounts are approved
by serving a copy of the account on all interested persons (including
the minor, if 14 years of age or older) and either scheduling a hearing
or obtaining waiver/consents from all interested persons.
If you have questions, please feel free to contact Court staff at (517)
546-3750, or view information online at www.co.livingston.mi.us.
While the Livingston County Probate Court will consider any and all
requests to use funds from the estate of a minor on behalf of the minor,
it is the general policy of the Court that parents are responsible for
all the normal ordinary expenses of rearing children.
It is the policy of the Court that the estate is to be preserved for the
child's use upon attaining the age of majority, and routine expenses
such as clothing, food, shelter, birthday parties, class trips, routine
medical and dental care, and other expenses normally associated with
child rearing will not ordinarily be allowed.If this explanation is unclear and you
have questions, please feel free to contact Court staff at (517)
546-3750.
While the Livingston County Probate Court will consider any and all
requests to use funds from the estate of a minor on behalf of the minor/
it is the general policy of the Court that parents are responsible for
all the normal ordinary expenses of rearing children.
It is the policy of the Court that the
estate is to be preserved for the child's use upon attaining the age of
majority, and routine expenses such as clothing, food, shelter, birthday
parties, class trips, routine medical and dental care, and other
expenses normally associated with child rearing will not ordinarily be
allowed.
State of Michigan Conservatorship Forms
Account of Fiduciary
Long Form |
