EPIC Questions and Answers - Menu

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May the probate court waive or release any elective share or other spousal rights of a protected individual? (ref. sections 5407 and 2205) 0655

Does the priority of claims provision for insolvent estates have any effect on the payment of claims by one with power of attorney during the life of the principal? (ref. sections 3805, 7501 and 5429) 0650

May the conservator of a parent create a trust that distributes assets to a special needs trust for the parent's child? (ref. section 5407(2)(c)) 0638

What is a conservator required and empowered to do with the protected person's property after their death? (ref. section 5426) 0623

Can a conservator exercise the right to withdraw money from a retirement plan? (ref. sections 5423 and 5427) 0578

If payments are made by an insurance company to a service provider for a protected individual, must the conservator account for such payments?  Is it a conflict of interest if the conservator is the service provider receiving the payments? (ref. sections 5423(2)(u)(aa) and 1214) 0576

May a conservator exercise a power given a protected person to appoint a successor trustee?  (ref. section 5423) 0565

May a personal representative pay himself or herself with out prior court approval?  Who determines what is a reasonable fee when a fiduciary hires a professional? (ref. sections 3719(1), 3715(v), 3721, and 5423(y)) 0551

Is a conservator allowed to make gifts to the heirs of a protected individual? (ref. section 5426(1)) 0532

Can a parent disclaim a minor child's interest in a trust estate without being appointed the child's conservator? (ref. sections 2901, 2902 and 5401) 0477

What are the consequences to a purchaser who buys real estate from a conservator who failed to first obtain court approval of the sale? (ref. sections 5422(1) and 5423(3)) 0471

May a court appoint co-conservators when there is no specific statutory authority? (ref. section 5401) 0466

How must a conservator with the powers of a personal representative proceed with administration? (ref. section 5426(4)) 0458

How must a conservator invest the ward's assets? (ref. sections 1503 and 5423(2)) 0454

Does a conservator step into the role of trustee when protected individual was trustee? (ref. section 5419) 0451

May a guardian sign a settlement and release agreement binding the legally incapacitated individual? (ref. sections 5314(d) and 5404) 0418

Is an incarcerated individual under a legal disability which would require special service if they are an interested person in a decedent's estate? (ref. section 5401; MCR 5.105(D)) 0411

Assets are held in inter vivos trust.  How can the conservator of the trust beneficiary access the trust assets? (ref. section 5407) 0410

May a conservator after the death of the ward deliver the assets of the conservatorship to the personal representative of the deceased ward's estate before the conservator has filed a final account or been discharged? (ref. sections 5426 and 3701) 0353

Can a conservator have attorney fees paid from the conservatorship assets for an unsuccessful defense of the conservatorship? (ref. section 5423(2)(z)) 0346

Does an estate need to be opened for a minor to approve a settlement for the minor in excess of $5000? (ref. section 5423(2)(u); MCR 2.420) 0327

When are interested persons bound by a conservator's final account? (ref. sections 1205(3) and 5418) 0321

Does a conservator need to get court approval to refinance a ward's real estate? (ref. section 5423) 0311

Do court rules allow a conservator to sell real estate without court approval? (ref. section 5423(3); MCR 5.407(A)) 0266

How may a foreign conservator sell Michigan real estate? (ref. sections 5423(3) and 5433) 0265

What would be the proper procedure for a current conservator to petition for the appointment of another to serve with him as a co-conservator? (ref. section 5415) 0255

Can the son of a protected individual, who is the appointed conservator, designate a successor conservator for that individual by a written instrument such as a will? (ref. sections 5409 and 5301) 0251

May a court order that a conservatorship be unsupervised thereby eliminating any accounting requirements? (ref. section 5418; MCR 5.409(C)) 0241

What is required to be filed to give a foreign personal representative the authority to act in Michigan? (ref. sections 4203 and 5433) 0225

If an objection is filed to the petition of a conservator to exercise the powers of a personal representative, how must the court proceed? (ref. section 5426(4)) 0198

Should guardian and conservator bonds run to State of Michigan or judge? (ref. section 5410) 0187

Who must be served with a conservator's accounting? (ref. section 5417; MCR 5.125(C)(6) and 5.409(C)) 0167

May the owner of a foster care home where an individual resides be appointed as guardian and/or conservator for that individual? (ref. sections 5313, 5409, and 5106) 0145

How should assets be valued in a conservator's inventory and accounting? (ref. sections 5417, 5418) 0055

What form should be used for the annual or final account of a conservator? (ref. Petition and Order Allowing Account (PC 585) ) 0036

How can a conservatorship be used in the case of an individual who has disappeared and may be presumed dead? (ref. sections 1208, 5401) 0028

Can a trust be created for a minor which postpones enjoyment beyond 18 and then a conservator for the minor funds the trust with conservatorship assets? (ref. section 5408) 0022

Where is the authority in EPIC for the conservator of a minor to establish a trust? (ref. section 5408(2)) 0018

How should the court treat a conservator who is granted the powers of a personal representative to administer the estate of a deceased ward? (ref. section 5426(4)) 0014

EPIC Questions and Answers - Menu

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Last Updated:  10-5-09

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to: pharter@calhouncountymi.gov