Once a court appoints a guardian for you or a parent, the family home often becomes the first concern. You may fear that someone could list it for sale without warning. Recognizing where a guardian’s power stops can help Trenton and Downriver residents know what to expect.
What it takes to part with your house
Within the limits of the court order, a guardian makes decisions about your medical treatment, living arrangements and daily well-being. The role also includes reasonable care of your belongings, but that duty does not extend to your real estate.
Michigan law requires a separate protective proceeding before a guardian can seek permission to sell your house or land. A judge may name that person a special conservator for the proposed transfer. Even then, nothing moves forward until the court holds a hearing and approves it.
Who has the final say over your property
A conservator manages your income, accounts and other assets. The appointment grants title only as a trustee for your benefit, so your house stays part of your estate rather than becoming the conservator’s personal property.
Before selling real estate, the conservator must petition the probate court and notify you and other interested persons of the hearing. The judge examines the proposed terms and a licensed appraiser’s valuation from the preceding six months. Approval requires a finding that the transaction serves your best interest.
How you can raise concerns with the court
You and others with a legal stake in the case may review the appointment order for any limits on the conservator’s powers. To hear about later proceedings, you may also submit a request for notice to the court. A copy goes to the conservator’s attorney, or directly to that individual if no attorney is involved.
If you disagree with the conservator’s plan to sell, you can file and serve a written objection. The hearing then gives you a chance to present evidence that supports your position. In cases of mismanagement, you have the option to petition for other relief, such as removal for good cause.