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Estates, Guardianships, Conservatorships and Trusts: L and M
Last Will and Testament
Legally Incapacitated Individual (LII)
Letters of Authority
Letters of Guardianship
Letters Restrictions
Living Will
"MCR" or Michigan Court Rules
Minor
Motion
Motion call
Last Will and Testament
See Will.
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Legally Incapacitated Individual (LII)
An adult individual who has been determined by the court to lack the capacity for self-care and for whom a guardian has been appointed.
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Letters of Authority
A document issued by the court that evidences the fiduciary's powers. Letters of Authority are issued in decedents estates and in conservatorship files. It is necessary to present this document when conducting estate business. PC 572
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Letters of Guardianship
A document issued by the court that evidences the guardian's powers. It should be renewed on an annual basis upon filing of the annual report. PC 633
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Letters Restrictions
The court may put restrictions on the powers of the fiduciary. These restrictions are set forth on the Letters of Authority or Letters of Guardianship. In Oakland County, the most common restriction is one that is listed on the Letters of Authority for a formal estate proceeding and on the Letters of Authority for conservatorships the court will not allow the fiduciary to sell the real estate without prior court approval. Another common restriction is stated on minor conservatorship Letters - the conservator may not use the minor's funds without a court order.
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Living Will
See Patient Advocate Designation.
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"MCR" or Michigan Court Rules
The rules that govern court procedure. Those that are specifically related to probate are contained in Chapter 5. An example of a citation to the probate court rules reads as follows: "MCR 5.101" which means Section 101 of Chapter 5 of the Michigan Court Rules.
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Minor
In Michigan, an individual who is under 18 years of age.
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Motion
A written request for a court order on a particular issue. The filing fee is $20.
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Motion call
See Court Call.
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