I live in Colo and was wondering if it is legal for me to be a conservator to someone who lives in Michigan. Currently, my relative has two conservators, one who lives in-state and the other resided out-of-state. I don't know why it would be necessary to live in-state as assets and accounts can be managed electronically.Also, are conservatorships necessary for someone with assets under 50K (besides SSI awards) ? I was thinking if a trust could be approved through the courts, this would eliminate the need for a conservator, as his legal guardian could be the payee for his needs.
State/Country relating to question: Michigan
Tried Mich govt websites which do not seem to be open enough to the general public
I could not find a law against an out-of-state Conservator. I would assume that you could handle everything from Colorado. And, as conservator, you can set up the bill paying and financial dealings any way you want. If you want to authorize a guardian to pay the bills and do the banking--that would be up to you. Just remember that there are certain reporting requirements for filing reports to the court. Also, you would be responsible for anything that would happen to this person's money or other assets. So, be very sure who you are giving the checkbook to.
I do not feel confident with this response as you are "assuming" an out-of state conservatorship should be ok. I am really looking for more of a solid yeah or neigh, or that it has been done or something.
Also, no response was made to whether or not a conservatorship is necessary with assets around 50K or if a trust might be an option.
I avoid giving a definite "yes" or "no" to your situation because I do not and cannot know all the details of this situation. No intelligent lawyer would do that. I do not know if there are circumstances involved that neither you nor I know about. I cannot look at your documents, nor at the accounts and investments involved. I do not know if there are restrictions on these accounts that would restrict a conservator or the establishment of certain trusts.
I checked the statutes and could not find any restrictions in those statutes to have an out of state conservator, or as Michigan terms it a "foreign conservator". There are particular parts of the statute which require court approve before selling real estate by a foreign conservator. I did not do an exhaustive research on the case law in Michigan nor the Administrative rules that might apply to situations I can only guess about in your particular situation.
I gave you the same answer I would have if you had been sitting in front of me at my office with the limited information you presented here, and before I was retained to undertake any further legal work.
JD Degree, Social Service Experience, Child Support Officer
Thank-You for your additional clarification-
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