Guardianship And Property Management

Summary

In Michigan, conservators/guardians managing property for an incapacitated individual should document unauthorized activities, issue a notice to vacate, and file for eviction if necessary. Legal consultation is recommended to ensure proper procedures are followed, especially when dealing with unauthorized residents and financial concerns. Address utility issues by contacting providers and consider stopping automatic payments. Legal advice is crucial for navigating these complex situations.

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Parent /Ward is legally and permanently incapacitated in Lapeer County Michigan. The Ward is the sole owner of personal and substantial yet average real property value in Genesee County. There may be a lady bird deed on a file for the only house which the children are officially unaware of yet had heard the rumor prior to the parents being deemed incapacitated. Two of three children were appointed co-conservators / guardians by the court where Ward was hospitalized and eventually institutionalized.
It sounds like you have a complex situation involving guardianship and property management. Here are some general points to consider:
- Lady Bird Deed: This type of deed allows property to pass to beneficiaries without probate. If one exists, it could impact the property’s transfer upon the ward's passing.
- Conservators/Guardians: As co-conservators/guardians, the appointed children have a duty to manage the ward's affairs, including property.
- Legal Rights: Determine the legal standing of the lady bird deed and the rights and obligations of the conservators/guardians.
Would you like more detailed assistance or legal advice on how to proceed with this situation?
Third child publicly removed themselves from any interest/responsbility in open court during the appointment of co-conservatorship/guardian for the other two of three children.
It seems like the third child has opted out of any responsibility regarding the conservatorship/guardianship. This decision should be officially recorded in court proceedings to ensure clarity in future legal matters. Could you confirm if there are concerns about how this might affect the management of the parent's property?
The third child's child was living in the house unauthorized, has been arrested and is now still incarcerated, has allowed two more squatters into the home as well as dogs. What steps must the conservator/guardian do to evict based on court appointed fiduciary duties, documented damage to property and unauthorized residency within?
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To address the unauthorized residency and eviction issues, the conservator/guardian can take the following steps:
- Document Everything: Record all unauthorized activities, damages, and unauthorized residents.
- Notice to Vacate: Issue a formal notice to the squatters to vacate the property.
- Legal Action: File for eviction through the local court system.
- Consult Attorney: Consider obtaining legal advice to ensure proper procedures are followed.
Has there been any formal notice given to the unauthorized residents yet?
Yes although perhaps not properly. A 7day demand for possession due to damage was posted and accepted with law enforcement present for the posting. However new information at county clerk counter suggests this was void as residents weren't on a lease. Residents have doubled the utility bill which is automatically being deducted from the Ward's bank account. They must be evicted.
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It seems you're dealing with a complex eviction scenario involving unauthorized residents and potential property damage. Michigan law allows eviction for trespassers, but specific procedures must be followed. Here are some general steps:
- Trespasser Eviction: Since the residents aren't on a lease, you may need to file for eviction as trespassers through the court.
- Utility Management: Address the utility bill issue by contacting the utility provider and possibly stopping automatic payments.
- Legal Consultation: Consult with an attorney specializing in property or elder law for guidance on eviction and managing the ward's financial affairs.
Would you like more specific legal guidance or assistance?
Yes
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This seems to be a potentially strong case for legal intervention, especially given the complexities with property management, unauthorized residents, and financial concerns for an incapacitated individual. Would you like to be connected to local lawyers who can better assist you with your case?