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?
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.
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 lawyers agree
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 considered to be the formation of a lawyer/client relationship.
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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!