miprobatesneakpeak

[miprobatesneakpeak]

Court Staff cannot give legal advice. Most of us aren't Lawyers, but even those of us with a Law degree, still cannot give advice. However, we can answer procedural questions and form questions.

Often times Court Staff want to help and know more than they can say due to the legal advice restrictions or rules of the job. We cannot tell a person what to file, or how to file unless it is obviously wrong. What to file is a determination that the Petitioner must make. Sometimes an incorrect filing will make it all the way to a Hearing, and will be denied/dismissed and the Judge will tell the Petitioner they must use a different Petition/process.

Most of the time we cannot speak in absolutes either. However, if you listen to staff, and read in between the lines, we can often imply or guide you more than it seems.

But please note, since we cannot help on main, we are not required to give this help.

Sometimes we, or the County our Court is through, are too busy to give this help, but most importantly attitude goes a long way. No one wants to be at the Court house petitioning for Guardianship or Conservatorship over a loved one. No one wants to file for a Decedent's Estate. No one wants to file a Pickup Order/Mental Health Petition because someone is off their meds or having a mental health crisis. We don't deal with Misdemeanors or Felonies, but Probate Court is not particularly happy, and when you come in it's never the best day of your life. But if you're kind, and patient, and listen to the help we're trying to give you, the process will go a lot smoother and we're happy to give that extra help. If you're unreasonable (beyond what grief would expect), impatient, and rude, you'll get exactly the procedural minimum. Since you are required to determine what you need to file, we will not give you hints in regards to which forms and process you need to go through.

By no means in these cases are Staff hindering or influencing the process. If we try and guide you and you still pick the wrong process, we will still help you file the correct forms for that wrong process. But if you're unpleasant then you get a net ±0 on the scale. If you're pleasant you get ±1.

[miprobatesneakpeak]

Conservatorship

Conservatorships are solely over a person's Finances/Estate. It does not give powers over the Person/Individual (i.e. medical, legal, placement, educational, etc.). If you need powers over the Person you will need to file for Guardianship. Like with most things, there is one exception (See the post about Developmentally Disabled Guardianships)

There are Adult Conservatorships and Minor Conservatorships. Each cost $175.00 to file a brand New!file. $150.00 to reopen a file, if the e-filing fee has already been paid. Fees can also be covered by a Fee Waiver Request Form (MC20)

Adult Conservatorships are put in place when an Adult cannot take care of their money for some reason. Often times I see it petitioned for in cases of:

Old Age

Dementia Alzheimers

Falls prey to scams

Family member or friend is stealing or embezzling money from them

(You'd be surprised how desensitized you become to the charge of embezzlement when you work in this Court. It is unfortunately much more prevalent that you'd think)

Minor Conservatorships have to be put in place after the minor receives a sum of money that is significant. There's a general number, but it's not something a Clerk can tell you. Often they are put in place when:

The Minor is left a Settlement from a family member passing

Parent, Grandparent, etc.

The Minor receives a Settlement from an accident

Dog bite, car accident. etc.

There's a lot of work that goes into a Conservatorships after they are put in place, so be prepared to set up special bank accounts, purchase certified copies of your Letters of Authority, and keep/track bank statements and expenses.

[miprobatesneakpeak]

Adult Guardianship

Guardianships are solely over the Person/Individual (medical, legal, placement, educational, etc.). It is NOT over Finances/Estate. If you need that, you will need a Conservatorship. But like most things, there is a single exception to that rule (see Developmentally Disabled Guardianships)

There are 2 different types of Adult Guardianship:

Legally Incapacitated- $175.00 to file a brand New!file. $150.00 to reopen a file where the e-filing fee has already been paid. Or a Fee Waiver Request Form. This does not include Financial/Estate powers

Developmentally Disabled- No fee to file because of something under the Mental Health Code (I don't actually know the specifics why). This one can include Financial/Estate powers

Note!: Each Petition has it's own criteria that must be met, and each has their own legal ramifications. You cannot pick which Petition is needed based on their filing fee or whether or not Financial/Estate powers are included

There are a lot of reasons someone may be Legally Incapacitated, but in my Court the most common reasons are:

Old Age

Dementia, Alzheimer's, etc.

Mental Illness

Drug/Alcohol Addiction/Abuse

Traumatic brain injury

The reason for the Guardianship manifests after the age of 22

There are also a lot of reasons someone may be Developmentally Disabled. Some of the most common reasons I see are:

Autism

Down Syndrome

Reason for the Guardianship must manifest before the age of 22

It is important for people to understand that just because someone may suffer from old age, mental illness, drug/alcohol addiction/abuse, a traumatic brain injury, or has a developmental disability, it does not necessarily mean they need a Guardian- legal or otherwise. While a Court Clerk can determine whether a Petition can be filed based on whether or not it's filled out fully and correctly and if the filing fee is paid, it is not up to the Clerk to determine whether or not the Petition is filed based on whether or not the Person needing Guardianship is actually in need of it. That is what the Judge is for

[miprobatesneakpeak]

Probate, although the words are super similar, is not Probation, and has nothing to do with Probation.

Probate Court handles:

Guardianship

Conservatorship

Mental Health

Decedent's Estates

Trusts

Some Civil Files