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Filing Fee: • $150.00 (Non-refundable filing fee) • $20.00 additional fee if requesting protective order Forms Required: • Petition for Appointment of Conservator (PC639) • Records Check Release (Montcalm Form) • Notice on Petition to Appoint Conservator (PC668) • Notice of Hearing (PC562) • Proof of Service (PC564) – file at least 5 days prior to the hearing. Hearing Date: Upon the filing of the petition, you may obtain a hearing date from the Court. Typically a hearing date is set at least 2-3 weeks after the date of filing. You, as the petitioner, must attend the hearing or your petition will be dismissed. The alleged protected individual (person for whom you are seeking conservatorship) also has the right to attend and if they express a desire to be present, you must arrange to have them at the hearing. Criminal History Check: It is the policy of this Court to complete a criminal history check on all proposed conservators. Complete the Records Check form and provide a copy of your photo id. This form will be maintained confidentially by the Court and the information contained therein will not be released to anyone. Service: You, as the petitioner, must serve all interested parties properly and timely pursuant to Michigan Court Rules (5.105 and 5.108) and file a Proof of Service (PC564) with the Court pursuant to MCR 5.104. If proper and timely service is not made on all interested persons, your hearing may be adjourned and/or your petition dismissed. Dismissal of your petition would require you to start the process again with the filing of a new petition and payment of additional filing fees. A Proof of Service form is the document that tells the Court what documents you served, on whom those documents were served, the address where those documents were served, how they were served, and when they were served. The proof of service must be completed with full names, full addresses and dates of service. There are two sections to the Proof of Service, one section for delivery by mail and one section for personal service. Please use these sections accordingly. The alleged protected individual must be served personally at least 7 days prior to the hearing with the Petition, notice of hearing, and Notice on Petition to Appoint Conservator. Other interested persons (defined by MCR 5.125) must be served with the Petition and Notice of hearing at least 14 days prior to the hearing date if by mail and at least 7 days prior to the hearing date if served personally. Publication of notice at least 14 days prior to the date of the hearing would be required for persons whose address or whereabouts if unknown. A Due Diligence Affidavit would be required to be filed with a request for an order of publication. Cost of publication is payable by the petitioner directly to the newspaper. Interested Parties: The interested parties in a Petition to Appoint a Conservator (at the minimum) are: 1. Person to be protected; 2. Spouse of the person to be protected; 3. Children of the person to be protected or person's parents; 4. Presumptive heirs if no spouse, child or parent living; 5. An agent or attorney in fact having a power of attorney of the person to be protected; 6. Nominated conservator; 7. Person who files a request for notice pursuant to MCL 700.5104(1); 8. Veterans Administration if benefits are payable to the person to be protected; 9. Attorney General if there are no known presumptive heirs; 10. Any governmental agency paying benefits to the individual or before whom an application for benefits is pending (i.e Social Security Administration). Filing: It is recommended that the documents be brought to the Probate Court office by the petitioner for filing. Filings may be completed by mail, however, there may be a delay in obtaining a hearing date if your documents are not complete or correct. If filing by mail, please include a self- addressed stamped envelope for return of documents to you. See Location/Hours of Court. Guardian ad Litem: A guardian ad litem will be appointed to represent the protected individual. The fees are payable by the petitioner and/or the protected individual's estate. See Guardian ad Litem/Attorney Fee Schedule. Keep copies of all documents filed with the Court for your records and to provide to the interested persons. Copies obtained from the Court are $1.00 per page.
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