How fast should someone file conservatorship papers once they know there is a major issue?

Asked over 1 year ago - Traverse City, MI

Suppose you became legal guardian of a 78 year old man who is competent. Now suppose you find out he owes major money in back property taxes ($14,000) and only has a social security of $1100 a month and a pension of $600 a month which is all needed for monthly living expenses. The home is in immediate jeopardy of being foreclosed if the taxes aren't paid within a few months. Now would you immediately file conservatorship papers if you were the acting legal guardian to sell the house so that you could raise money for the property taxes?

Additional information

Just to clarify, the question should conservatorship papers be immediately filed isn't so the house could be sold, but the fact that the guardian has become aware that there are now conservatorship issues at stake should he or she should immediately file conservatorship papers with the court.

Attorney answers (3)

  1. Julie Aletta Paquette

    Contributor Level 15


    Lawyers agree

    Answered . It's impossible for me to pass judgment on the guardian with the information you provided. The guardian may well have a plan for filing conservatorship, or reasons for not filing it at all. If you are concerned that the guardian is not acting properly, you should sit down with a probate attorney and describe all the facts as you know them, and then the attorney may want to do some additional investigating. If you don't want to consult with an attorney, you can file a petition with the court to have the guardian removed or request some other action. Good luck.

  2. James P. Frederick

    Contributor Level 20


    Lawyer agrees

    Answered . I would file for conservatorship right away. As guardian, your financial powers are very limited. It can also take a number of months before conservatorship can be finalized, depending on the facts. Whether you have a lawyer for the guardianship or not, you definitely should have one for the conservatorship.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Joseph Michael Pankowski Jr

    Contributor Level 18


    Lawyer agrees

    Answered . Attorney Paquette is correct. I would urge you to retain an experienced Michigan attorney immediately to advise you on your options. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

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