At the Patrick & Associates, PLLC, we have experienced hundreds of situations where a conservator needs to be appointed in order to manage the finances of another who is no longer able to take care of themselves. Because conservatorship is established in the Michigan Probate Court, these proceedings are typically drawn out and full of legal jargon. It is very important to enter the probate system with a knowledgeable attorney like Dean E. Patrick to ensure that the process does not run into any unforeseen complications. Follow married couple Aaron and Barbara as they deal with an issue involving conservatorship:
Aaron and Barbara were happily married and until later in life when Aaron became unable to take care of himself. Unable to maintain their home and also in need of money for Aaron’s expensive care, Barbara searched and found buyers for the family home. Barbara was extremely relieved, but this feeling would not last long.
When it came time to close on the sale, the agent would not let Barbara sign on behalf of Aaron. The real estate agent explained that Barbara would have to petition the probate court for control of Aaron’s finances. The troubles didn’t stop there.
Barbara hired an attorney and petitioned the probate court system to be the conservator of her husband’s finances. The court did not feel Barbara had the ability to act on behalf of her husband and nominated a court-appointed conservator. Barbara was devastated, but at least the house could still sell.
Because Aaron was deemed an incapacitated individual by the probate court, his assets and the assets that are both in his and Barbara’s name became a matter of public record for the neighbors or anyone else to view.
Had Aaron and Barbara planned out their estate before these matters occurred, they could have maintained control by nominating a conservator or even creating a durable power of attorney for finances while they had capacity. Do not let a similar situation happen to you or a loved one. Conservatorship and Probate Attorney, Dean E. Patrick and his team have served Michigan for two decades and are prepared to help you effectively plan your estate to avoid the Michigan probate courts. Contact Patrick & Associates, conveniently located in Southfield, Michigan, at (248) 663-2566 for a consultation initial consultation regarding your conservatorship questions today!
