Conservatorship Attorney in Troy

What Conservatorship Means in Michigan

In Michigan, a conservator is appointed by the probate court to manage the financial affairs of a person who can no longer do so due to mental or physical incapacity. Under Michigan law, that person is referred to as the protected person or ward. A conservator’s authority covers financial matters: paying bills, managing bank accounts, handling investments, and in some cases, selling real estate with court approval.

Michigan conservatorships are governed by MCL 700.5401 through 700.5433. Courts must consider whether a less intrusive arrangement will adequately protect the individual’s property and autonomy before granting a conservatorship. Common circumstances that bring families to this process include dementia, Alzheimer’s disease, Parkinson’s disease, traumatic brain injury, and stroke.

Conservatorship is distinct from guardianship. A conservator manages finances; a guardian makes personal and healthcare decisions. One person can serve both roles, or the court may appoint two different individuals depending on the family’s circumstances.

The Conservatorship Process at Oakland County Probate Court

For Troy residents, conservatorship petitions are filed with the Oakland County Probate Court in Pontiac. The petition must identify the proposed protected person, describe the nature of the incapacity, and explain why conservatorship is necessary rather than merely convenient. Close family members and other interested parties receive notice and have the opportunity to participate or object.

A medical or psychological evaluation is typically required to substantiate the protected person’s incapacity, and the judge weighs the evidence at a hearing while considering the individual’s own preferences wherever possible. Once appointed, a conservator must file an initial inventory of the protected person’s assets and then submit annual accountings to the court documenting all financial activity. The court may appoint an attorney to review those accountings for accuracy and compliance.

Alternatives That Can Avoid Court Supervision

A conservatorship can become necessary when no adequate planning exists before incapacity occurs. Two tools can often prevent that outcome, but both must be in place before a person loses capacity.

Durable Financial Power of Attorney
This document appoints a trusted agent to manage financial decisions in the event of incapacity without any court involvement. Once a person lacks the mental capacity to sign legal documents, this option is no longer available.

Revocable Living Trust
A revocable living trust with a named incapacity trustee allows financial management to continue without court intervention if the grantor becomes incapacitated. The critical word is “funded”: a trust that hasn’t been funded with actual assets won’t function as intended. We fully fund trusts as part of our estate planning process for exactly this reason.

Michigan courts can still order a conservatorship when existing planning documents are inadequate, when an agent under a power of attorney has acted improperly, or when financial exploitation is a concern. Attorney Veprauskas’s background in elder law and Medicaid planning allows us to address incapacity planning alongside long-term care strategy, so families can make informed decisions before a crisis forces the issue.