A conservator appointed by the probate court to manage the property of a disabled person or minor is a fiduciary in the eyes of the law. This means that the conservator must act reasonably and prudently to safeguard the ward’s assets and always act in the best...
Guardianships And Conservatorships
What Medical Procedures Can Guardians Authorize For Developmentally Disabled Individuals In Michigan?
Plenary guardians appointed by Michigan probate courts to developmentally disabled individuals have the authority to consent to most medical procedures on behalf of their wards without the judge’s permission. However, this authority is not unlimited, and...
Michigan Court Of Appeals Upholds Jury Verdicts Denying Ward’s Request To Terminate Guardianship And Conservatorship
A ward subject to a guardianship or conservatorship in Michigan is not confined to silence and is still endowed with several legal rights. Generally, a ward is permitted informal and expedited access to the probate court to ask the judge to review concerns or...
Can A Conservator Sell The Protected Individual’s Real Estate In Michigan?
A conservator has the broad power and authority to handle all assets on behalf of the protected individual and manage property for his or her health and benefit. Some of the specific powers that the conservator can exercise without court approval include, but...
Why Does Britney Spears Remain Under A Conservatorship?
In 2008, a California judge approved the appointment of a conservator to oversee the estate and financial affairs of pop star Britney Spears after a series of public breakdowns. Originally, the conservators appointed by the court were her father Jamie Spears...
When Does A Minor Child Need A Conservator In Michigan?
It seems strange that a child would come into a substantial sum of money at a tender age. However, the passing of a parent or family member might result in a life insurance policy payout or a large inheritance. Since children do not have the maturity or...
Can A Conservator Make Or Change The Ward’s Last Will And Testament?
A conservator in Michigan has the authority to manage the protected person's estate. This can be a misleading phrase because the protected person is still alive so there is not an estate in the classic sense that someone died and property must be administered and...
When Does A Developmentally Disabled Adult Need A Guardian?
One in six children born in the United States will be affected from some kind of developmental disability. The most common developmental disabilities include Down syndrome, cerebal palsy, fetal alcohol spectrum disorder or autism. These conditions may only cause mild...
Can A Legal Guardian Or Conservator File Divorce On Behalf Of A Spouse In Michigan?
A person who becomes unable to manage their own legal affairs in Michigan may have one of two people appointed by the probate court to help. First, the judge could appoint a full guardian who takes control of the incapacitated adult's personal needs such as residency,...
Can An Adult Ward Get Married Without The Guardian’s Consent In Michigan?
The U.S. Supreme Court has recognized the fundamental right to marry through its history and most recently in the landmark case Obergefell v Hodges, 576 U.S. __; 135 SCt 2584; 192 LEd2d 609 (2015) when it legitimized same-sex marriage. A person's right to enter into a...
