Conservatorship Attorney in Ypsilanti, Michigan
One of the most important parts of any estate plan is having guardians in place to ensure that if you ever become incapacitated, you will have someone you trust who can take care of your assets, healthcare, and more when you are no longer capable of doing so on your own. Unfortunately, in many cases, people will neglect creating guardianships in their lifetime, which may lead to certain complications in the future, like the need for a loved one to seek a conservatorship. While nobody wants to think about potentially becoming incapacitated, this is something that should be addressed in everybody’s estate plan.
That being said, if your loved one did not create a guardianship and they became incapacitated, they may need your assistance to ensure that they are well taken care of for the rest of their lives. Fortunately, you can help. If you are a trusted family member or loved one of the incapacitated individual, you may create something known as a conservatorship, which will allow you to manage the incapacitated individual’s assets until his or her passing. Conservatorships are great tools to assist a loved one who can no longer manage his or her assets on their own. Contact Collis, Griffor & Hendra to learn more about conservatorships, how we can help you create one, and how they may benefit your loved one.
The Role of a Conservator
If you plan on taking on the role of a conservator, you should first be aware of your responsibilities as one. To start, the main purpose of acting as a conservator is to manage your loved one’s assets responsibly. Some assets that will fall under your control as a conservator are the individual’s property, finances, and investments. Additionally, it will also be your duty to make sure that all of the individual’s bills and taxes are paid on time. Of course, we understand that this may seem overwhelming, which is why our experienced Michigan conservatorship attorneys are here to help you through every step of the process.
Applying for the Conservatorship
The application process for conservatorship is sometimes complicated, though we are here to help. To start, you will have to petition the court for the conservatorship. In this petition, you will have to prove that you are truly looking out for the individual’s best interests. This means that you will have to provide a valid reason as to why you wish to seek conservatorship, and also an account of the relationship you have with the individual who needs a conservator. In certain cases, you may find that you are not the only one who is petitioning for a conservatorship. When this happens, you will have to prove to the courts that it is in your loved one’s best interest for you to be his or her conservator, over the other applicants.
Finally, you will have to demonstrate that the individual in question does, in fact, require a conservator to handle his or her affairs. To prove as much, you will have to obtain a statement from a medical professional who has analyzed the incapacitated individual. This analysis must specifically state that the medical professional believes that the individual requires a conservatorship. The court will schedule a hearing to assess the information you provide and, from there, determine whether you should be the conservator for the incapacitated individual.
Contact a Michigan Elder Law Attorney
If you are the loved one of an incapacitated individual and you believe that creating a conservatorship would be in his or her best interest, we are here to help. Contact Collis, Griffor & Hendra today to learn more about how we can assist you through every step of the estate planning process ahead.