Michigan Guardianship Laws: Minors, Adults and Conservators (2026)

In Michigan, guardianship and conservatorship are governed by Article V of the Estates and Protected Individuals Code (EPIC), MCL 700.5101 to 700.5520. A guardian makes personal decisions (care, custody, residence, medical consent) for a minor or for an adult the court finds is an "incapacitated individual," and a conservator manages property and business affairs; for an adult guardian, the court must find by clear and convincing evidence both that the person is incapacitated and that the appointment is necessary to provide continuing care and supervision, with each finding supported separately on the record (MCL 700.5306(1)).

Michigan calls the person under a guardianship a "ward" and the person whose estate a conservator manages a "protected individual." An "incapacitated individual" is someone impaired "to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions," and minority alone does not count (MCL 700.1105(a)). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Michigan state law on guardianship of minors and adults and on conservatorship under Article V of the Estates and Protected Individuals Code, the parental power of attorney, and the statutory alternatives to guardianship. It does not cover custody disputes between parents (see Michigan child custody laws), grandparent visitation (see Michigan grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Michigan probate), guardianships ordered in juvenile child-protection cases, the details of guardianship of an adult with a developmental disability under the Mental Health Code (noted briefly below), or civil commitment and mental-health holds.

Michigan guardianship terms and where the law lives

Article V of EPIC is divided into parts: Part 1 holds general provisions (MCL 700.5101 to 700.5106), Part 2 covers guardians of minors (700.5201 to 700.5219), Part 3 covers guardians of incapacitated individuals (700.5301 to 700.5319), Part 4 covers protective proceedings and conservators (700.5401 to 700.5435), and Part 5 covers durable powers of attorney and patient advocate designations (700.5501 to 700.5520).

The core definition reads:

"Incapacitated individual" means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.

MCL 700.1105(a)

A "legally incapacitated individual" is an individual, other than a minor, for whom a guardian is appointed under the act or who has been adjudged by a court to be an incapacitated individual (MCL 700.1105(i)).

How to get guardianship of a child in Michigan

A person interested in the welfare of a minor, or the minor if 14 or older, may petition for appointment of a guardian. The court may order the Department of Health and Human Services or a court employee or agent to investigate the proposed guardianship and file a written report (MCL 700.5204(1)).

When a court may appoint. Filing a petition does not by itself allow an appointment. The court may appoint a guardian for a minor only if a circumstance listed in MCL 700.5204(2) exists:

• the parental rights of both parents, or of the surviving parent, are terminated or suspended by prior court order, by a judgment of divorce or separate maintenance, by death, by judicial determination of mental incompetency, by disappearance, or by confinement in a place of detention;
• the parent or parents permit the minor to reside with another person without giving that person legal authority for the minor's care and maintenance, and the minor is not residing with a parent when the petition is filed; or
• the minor's biological parents have never been married to one another, the parent who has custody has died or is missing and the other parent has not been granted legal custody under court order, and the person the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood or adoption.

The hearing. Notice of the hearing goes to the minor if 14 or older, the person who had principal care and custody of the minor during the 63 days before the petition, and each living parent or, if neither is living, the adult nearest of kin to the minor (MCL 700.5213(1)). On the hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 5204 (or of sections 5205 and 5206) are satisfied, "and the minor's welfare will be served by the requested appointment, the court shall make the appointment" (MCL 700.5213(2)). The court may appoint a lawyer-guardian ad litem for the minor if the minor's interests may be inadequately represented.

The child's choice. The court may appoint as guardian a person whose appointment serves the minor's welfare, and "if the minor is 14 years of age or older, the court shall appoint a person nominated by the minor, unless the court finds the appointment contrary to the minor's welfare" (MCL 700.5212).

Parents' continuing duties. When it appoints a guardian under section 5204, the court may order the child's parents to pay child support and may provide for parenting time (MCL 700.5204(5)).

Temporary guardian of a minor. If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian of a minor, "but the temporary guardian's authority shall not exceed 6 months" (MCL 700.5213(3)).

Court review. The court may review a minor guardianship as it considers necessary "and shall review a guardianship annually if the minor is under 6 years of age" (MCL 700.5207(1)).

What a minor's guardian may decide

A minor's guardian "has the powers and responsibilities of a parent who is not deprived of custody of the parent's minor and unemancipated child, except that a guardian is not legally obligated to provide for the ward from the guardian's own money and is not liable to third persons because of the parental relationship for the ward's acts" (MCL 700.5215). Among other duties, the guardian must facilitate the ward's education and social or other activities and "shall authorize medical or other professional care, treatment, or advice." A guardian may consent to the minor's adoption only as the adoption code allows.

Limited guardianship of a minor (a voluntary arrangement)

Michigan's limited guardianship of a minor is a parent-initiated arrangement, different from a guardianship under section 5204. The court may appoint a limited guardian for an unmarried minor on the petition of the minor's parent or parents if the parents with custody consent, the parent or parents voluntarily consent to the suspension of their parental rights, and the court approves a limited guardianship placement plan (MCL 700.5205(1)). The plan addresses the reason for the guardianship, parenting time and contact, its expected duration and the parents' financial support, and the form warns that substantial failure to comply with it may lead to termination of parental rights.

A parent may petition to terminate a limited guardianship at any time. After notice and a hearing, "the court shall terminate the limited guardianship if it determines that the minor's parent or parents have substantially complied with the limited guardianship placement plan" (MCL 700.5209(1)), and it may order a period of up to 6 months to return the child to the parent.

When a minor guardianship ends

A guardian's authority and responsibility end "upon the guardian's death, resignation, or removal or upon the minor's death, adoption, marriage, or attainment of majority" (MCL 700.5217).

A parent may also petition to end a guardianship created under section 5204 (MCL 700.5208). For that kind of guardianship, the court may terminate it if termination is in the minor's best interests (with a transition period of up to 6 months), continue it for up to 1 year under a court-ordered plan, or continue it without such a plan if the minor has lived with the guardian for at least 1 year, the parents have failed to provide parental care, love, guidance and attention appropriate to the child's age and needs, resulting in a substantial disruption of the parent-child relationship, and "it is established by clear and convincing evidence that the continuation would serve the best interests of the minor" (MCL 700.5209(2)). "Best interests of the minor" is a defined term in MCL 700.5101(a), a list of factors the court must consider, evaluate and determine. A child custody judgment entered and sent under MCL 722.26b also ends the guardianship (MCL 700.5210).

Custody disputes between parents are a separate subject, covered on our Michigan child custody laws page; for a grandparent's options short of guardianship, see Michigan grandparents' rights. A child in a juvenile child-protection case may instead be placed in a legal guardianship at a permanency planning hearing, which the juvenile court supervises (MCL 712A.19a).

A child's money and property

A person who owes a minor money or personal property may pay or deliver it, in an aggregate value that does not exceed $50,000.00 each year, to the minor if married, to an individual having the care and custody of the minor with whom the minor resides, to the minor's guardian, or to a financial institution as a deposit in an insured savings account in the minor's sole name, with notice to the minor (MCL 700.5102(1)). The section does not apply if the payer knows that a conservator has been appointed or a proceeding to appoint one for the minor's estate is pending (MCL 700.5102(2)). The dollar figure is subject to the inflation adjustment in MCL 700.1210. Larger or ongoing property matters may call for a conservator, whom the court may appoint for a minor who owns property that requires management or protection (MCL 700.5401(2)).

Can a parent name a guardian in a will in Michigan?

Yes. "The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least 2 witnesses" (MCL 700.5202(1)).

The appointment does not take effect while a parent with parental rights is alive and not incapacitated. Subject to the child's right to object, if both parents are dead or have been adjudged legally incapacitated, or the surviving parent has no parental rights or has been adjudged legally incapacitated, the parental appointment becomes effective when the guardian's acceptance is filed in the court (MCL 700.5202(2)). If both parents make appointments, the appointment by the parent who dies later has priority, and the guardian must give written notice of acceptance to the minor and to the person caring for the minor.

The child may object. "A minor 14 years of age or older who is the subject of a parental appointment may prevent an appointment or cause it to terminate by filing with the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within 28 days after its acceptance" (MCL 700.5203). An objection does not stop the court from appointing the parent's nominee in a proper proceeding.

Letting a relative care for a child without going to court

Michigan's tool is the parental power of attorney in MCL 700.5103:

By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to adoption of a minor ward or to release of a minor ward for adoption.

MCL 700.5103(1)

The limits matter:

• 180 days. The delegation may not run longer than 180 days.
• Not a permanent transfer. "A parent shall not knowingly and intentionally delegate his or her powers under this section regarding care and custody of the parent's minor child for longer than 180 days for the purpose of permanently transferring custody of the child in violation of section 136c(3) of the Michigan penal code" (MCL 700.5103(2)).
• Deployed service members. If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and the power of attorney so provides, the delegation is effective until the thirty-first day after the deployment ends (MCL 700.5103(3)).
• A guardian who delegates must notify the court within 7 days (MCL 700.5103(4)).
• No adoption consent. The power to consent to or release a child for adoption cannot be delegated.

Michigan's standby guardian provision applies to adult guardianships (MCL 700.5301c); Part 2 of Article V, which governs guardians of minors (MCL 700.5201 to 700.5219), contains no standby guardian procedure for children.

How to become guardian of an adult in Michigan

For an adult with a developmental disability, a different statute applies: "An appointment of a guardian for a developmentally disabled person shall be made only under this chapter" of the Mental Health Code (MCL 330.1604(2)), and under that chapter, if some form of guardianship is necessary, "partial guardianship is the preferred form of guardianship for an individual with a developmental disability" (MCL 330.1602(2)). The rules below are the EPIC rules for other adults.

The petition

"An individual in the individual's own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity and appointment of a guardian or designation of a standby guardian." The petition "must contain specific facts about the individual's condition and specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment" (MCL 700.5303(1)).

Before a petition is filed, the court must give the person intending to file it written information on alternatives to a full guardian, "including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, and an explanation of each alternative" (MCL 700.5303(2)).

Notice

Notice of the hearing goes to the person and to others the statute lists, including the person's spouse, parents and adult children, any current guardian, conservator or caregiver, a known attorney in fact, and a nominated standby guardian (MCL 700.5311(1)). The notice "must be served personally on the alleged incapacitated individual," with a copy of the petition and a statement of "the nature, purpose, and legal effects of the appointment of a guardian" and of the person's rights in the proceeding, "including the right to appointed legal counsel" (MCL 700.5311(2), (3)). A waiver of notice by the person is not effective unless the person attends the hearing or confirms the waiver in an interview with the visitor (MCL 700.5311(2)). Notice to everyone else follows the court rules.

Guardian ad litem and a lawyer

On the filing of a petition, the court sets a hearing, and "unless the allegedly incapacitated individual has legal counsel of the individual's own choice, the court shall appoint a guardian ad litem to represent the individual in the proceeding" (MCL 700.5303(3)). The guardian ad litem must visit the person, explain the person's rights, and determine whether alternatives to guardianship or a limited guardianship are appropriate (MCL 700.5305(1)).

A lawyer is required in defined situations:

If the individual alleged to be incapacitated wishes to contest the petition, to have limits placed on the guardian's powers, or to object to a particular person being appointed guardian or designated as standby guardian and if legal counsel has not been secured, the court shall appoint legal counsel to represent the individual alleged to be incapacitated. If the individual alleged to be incapacitated is indigent, this state shall bear the expense of legal counsel.

MCL 700.5305(3)

The court also appoints counsel if the person requests it or the guardian ad litem determines that counsel is in the person's best interest, and the guardian ad litem's appointment ends once counsel is appointed (MCL 700.5305(4), (5)).

Medical evaluation

If necessary, the court may order the person examined by a physician or mental health professional it appoints, who must submit a written report at least 5 days before the hearing; the report is not part of the public record (MCL 700.5304(1)). "The alleged incapacitated individual has the right to secure an independent evaluation, at the individual's own expense or, if indigent, at the expense of the state" (MCL 700.5304(2)).

The hearing and the burden of proof

The person is entitled to be present at the hearing, and the hearing may be moved to a place where the person can attend. The person "is entitled to be represented by legal counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or mental health professional and the visitor, and to trial by jury" (MCL 700.5304(5)). The person may also ask for a closed hearing.

The standard appears in MCL 700.5306(1):

The court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual, with each finding supported separately on the record.

Limited first, full only on total incapacity

The court may grant a guardian only the powers, and only for the time, the person's limitations require, and the guardianship must be designed to "encourage the development of maximum self-reliance and independence"; the order must specify any limits on the guardian's powers and any time limit (MCL 700.5306(2)).

Two subsections set the line:

• "If the court finds by clear and convincing evidence that an individual is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself, the court may appoint a limited guardian to provide guardianship services to the individual, but the court shall not appoint a full guardian" (MCL 700.5306(3)).
• "If the court finds by clear and convincing evidence that the individual is incapacitated and is totally without capacity to care for himself or herself, the court shall specify that finding of fact in an order and may appoint a full guardian" (MCL 700.5306(4)).

Who serves as guardian

The court may appoint a competent person, but it "shall not appoint as a guardian an agency, public or private, that financially benefits from directly providing housing, medical, mental health, or social services to the legally incapacitated individual" (MCL 700.5313(1)). If the court determines that the ward's property needs protection, it must order the guardian to furnish a bond or include restrictions in the letters of guardianship as necessary to protect the property (MCL 700.5313(1)). If suitable and willing to serve, people are appointed in this order of priority (MCL 700.5313(2)):

1. a person already appointed and serving in good standing as the individual's guardian in Michigan or another state;
2. a person the individual chooses;
3. a person the individual nominated as guardian in a durable power of attorney or other writing;
4. a person the individual named as patient advocate or attorney in fact;
5. a person appointed by a parent or spouse under MCL 700.5301.

After those come relatives and others in the order MCL 700.5313(3) and (4) set, including the spouse, an adult child, a parent, a relative with whom the individual has resided for more than 6 months before the petition was filed, and a person nominated by the individual's caregiver or by a person paying benefits to the individual. If none is suitable, the court may appoint any competent person, including a professional guardian, who is subject to the further requirements of MCL 700.5106.

A parent or spouse naming a successor. A parent serving as guardian of an unmarried legally incapacitated individual, or a spouse serving as guardian of a married one, may appoint a guardian by will or by another writing signed and "attested by at least 2 witnesses" (MCL 700.5301(1), (2)). The appointment takes effect only after written notice and the filing of the guardian's acceptance, and the incapacitated individual can end it: "On the filing of the legally incapacitated individual's written objection to a guardian's appointment under this section ... the appointment is terminated" (MCL 700.5301(4)).

Standby guardian. Since February 21, 2024 (2024 PA 1), a petition may ask the court to designate a standby guardian for an incapacitated adult (MCL 700.5303(1), 700.5301c). The standby guardian must file an acceptance within 28 days after receiving notice of the order designating them, and "does not have authority to act unless the guardian is unavailable for any reason," including the guardian's death, permanent or temporary unavailability, or removal or suspension by the court. On that event, the standby guardian's appointment "is effective, without further proceedings or reiteration of acceptance," with the same powers and duties as the prior guardian, and the standby guardian must promptly notify the court, which may then enter an order appointing the standby guardian as guardian without additional proceedings (MCL 700.5301c(5), (7), (8)).

What a Michigan guardian can decide, and the rights the ward keeps

A guardian has only the powers the court grants. Under MCL 700.5314, those can include:

• Residence. "Subject to section 5306b, the custody of the person of the ward and the power to establish the ward's place of residence in or outside this state" (MCL 700.5314(a)).
• Visits. "The guardian shall visit the ward not later than 3 months after the guardian's appointment and not less than once within 3 months after each previous visit" (MCL 700.5314(a)).
• Consultation. If meaningful communication is possible, the guardian must consult the ward before making a major decision affecting the ward.
• Medical treatment, with limits. The guardian may consent to medical treatment, but "does not have and shall not exercise the power to give the consent to or approval for inpatient hospitalization unless the court expressly grants the power in its order" (MCL 700.5314(c)). If the ward objects to mental health treatment, the guardian must use the petition procedure in chapter 4 of the Mental Health Code. Before executing a do-not-resuscitate order or a physician orders for scope of treatment form, the guardian must, not more than 14 days beforehand, visit the ward (consulting the ward if meaningful communication is possible) and consult the ward's attending physician, and at least annually afterward must visit the ward and consult the physician about whether to reaffirm it (MCL 700.5314(d), (e), (g), (h)).
• Real property. To sell the ward's real property or an interest in it, the court may appoint the guardian as special conservator and authorize a sale under section 5423(3); "a guardian shall not otherwise sell" the ward's real property (MCL 700.5314).

If the ward signed a patient advocate designation before the court found the ward legally incapacitated, the guardian may not make the medical or mental health treatment decisions the patient advocate is designated to make, unless the court finds that the designation was not executed in compliance with MCL 700.5506, that the patient advocate is not complying with its terms, or that the patient advocate is not acting consistent with the ward's best interests, in which case the court may grant those powers to the guardian (MCL 700.5306(5)).

Moving the ward: the 2026 rule

2026 PA 69, approved July 21, 2026 and in effect since July 23, 2026, added MCL 700.5306b. It begins with a right: "A legally incapacitated individual has the right, if possible, to remain in the individual's own surroundings, or, if not possible, in the least restrictive environment suitable to the individual's unique needs, abilities, and resources" (MCL 700.5306b(1)).

Except as the section otherwise provides, before moving the ward from the ward's permanent residence, a guardian must file a petition with the court on a form approved by the state court administrative office (MCL 700.5306b(2)). The court "must appoint a guardian ad litem and hold a hearing not later than 28 days after the petition is filed" (MCL 700.5306b(3)), and must appoint a lawyer for the ward if the ward objects, the guardian ad litem recommends it, or the court considers it appropriate.

The court may not grant the petition unless it finds by clear and convincing evidence, after the hearing, that all of the conditions in MCL 700.5306b(5) apply: the move will appropriately protect the ward's physical health, safety or welfare; it is to the least restrictive environment suitable to the ward's unique needs, abilities and resources; if the ward does not consent, there is no reasonable or appropriate way to provide similar benefits in the permanent residence; it allows the ward the greatest opportunity to continue to be involved in community activities and personal relationships; and it is not being arranged solely or primarily for the guardian's convenience.

A guardian may move the ward before filing a petition only if the court already granted that authority after a hearing on the record consistent with subsection (5), with findings of fact, or if an emergency condition exists. After such a move, the guardian must take all reasonable steps to preserve the ward's permanent residence and must notify the court of the ward's temporary place of residence within 14 days, and if, after a temporary absence for reasons such as an emergency, travel, short-term rehabilitation or hospitalization, the ward will not return to the permanent residence, the guardian must file the petition (MCL 700.5306b(7) to (10)).

The ward's rights

MCL 700.5306a lists the rights of a person for whom a guardian is sought or appointed. Among them are the rights to counsel or a guardian ad litem, to an independent evaluation (at public expense if indigent), to be present at the hearing, to a jury, to a closed hearing, to have the case proved by clear and convincing evidence, to a guardianship limited in powers and time, to periodic review, to choose the guardian, to be consulted on major decisions, and to the following:

(v) To, at any time, seek modification or termination of the guardianship by informal letter to the judge, as provided in section 5310. (w) To a hearing within 28 days of requesting a review, modification, or termination of the guardianship, as provided in section 5310. ... (cc) To quarterly visits by the guardian, as provided in section 5314.

MCL 700.5306a(1)

Reports and court review

The guardian has "the duty to report the condition of the ward and the ward's estate that is subject to the guardian's possession or control, as required by the court, but not less often than annually" (MCL 700.5314(j)). The report is served on the ward and interested persons and covers, among other things, the ward's condition, living arrangement, medical treatment, the guardian's visits and the guardian's recommendation on whether the guardianship should continue.

The court itself "shall review a guardianship not later than 1 year after the guardian's appointment and not later than every 3 years after each review" (MCL 700.5309).

Emergency and temporary guardianship

MCL 700.5312 provides two routes:

• No guardian, an emergency. "If an individual does not have a guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, the court shall provide notice to the individual alleged to be incapacitated and shall hold a hearing." On a showing that the person is incapacitated, the court may exercise a guardian's power itself or appoint a temporary guardian for the period it orders, and "a hearing with notice as provided in section 5311 shall be held within 28 days after the court has acted" (MCL 700.5312(1)).
• A guardian who is not performing. "If an appointed guardian is not effectively performing the guardian's duties and the court further finds that the legally incapacitated individual's welfare requires immediate action, the court may appoint, with or without notice, a temporary guardian for the legally incapacitated individual for a specified period not to exceed 6 months" (MCL 700.5312(2)).

How a Michigan guardianship ends or rights are restored

The ward, a person appointed guardian in a will or writing by a parent or spouse under section 5301, or any other person interested in the ward's welfare may petition for an order removing the guardian, changing the standby guardian, appointing a successor, modifying the guardianship's terms, or terminating it. "A request for this order may be made by informal letter to the court or judge," and a person who knowingly interferes with sending such a request may be held in contempt (MCL 700.5310(2)).

The court "shall set a date for a hearing to be held within 28 days after the receipt of the petition or request," and it may send a visitor. One restriction applies: "An order finding incapacity may specify a minimum period, not exceeding 182 days, during which a petition or request ... must not be filed without special leave of the court" (MCL 700.5310(3)). A guardian's authority also ends on the death of the guardian or the ward (MCL 700.5308).

Conservatorship: managing property in Michigan

A conservator is appointed in a "protective proceeding" under Part 4 of Article V. For an adult, the court may appoint a conservator or make another protective order if it determines both of the following:

(a) The individual is unable to manage property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance. (b) The individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual's support, care, and welfare or for those entitled to the individual's support, and that protection is necessary to obtain or provide money.

MCL 700.5401(3)

After a hearing, the court makes the appointment or other protective order on finding that a basis for it "is established by clear and convincing evidence" (MCL 700.5406(7)). The court may also appoint a conservator for a mentally competent individual who asks for one because of age or physical infirmity (MCL 700.5401), and for a minor who owns property that requires management or protection (MCL 700.5401(2)).

Protections in the proceeding. Unless the person has counsel of their own choice or is a mentally competent individual seeking protection because of age or infirmity, the court appoints a guardian ad litem, and it may order an examination and send a visitor. The person has the right to be present, to counsel, to present evidence, to cross-examine witnesses and to a jury (MCL 700.5406(2), (5)). Anyone the court appoints to meet with, examine or evaluate the person must "consider whether there is an appropriate alternative to a conservatorship" and, if one is appropriate, "consider the desirability of limiting the scope and duration of the conservator's authority," and report on both (MCL 700.5406(4)).

Who serves. MCL 700.5409(1) sets the priority list for conservators, and the court considers a nominee of an individual 14 or older who has sufficient capacity to make that choice.

Duties after appointment.

• Bond. The court may require a bond, and must require one when the cash and readily convertible property in the estate and in the conservator's control exceed the limit for administering a decedent's estate under MCL 700.3982 (as adjusted under MCL 700.1210), unless the estate holds no readily convertible property and the cash is in a restricted account, the conservator has trust powers, a bond would impose a financial hardship on the estate, or the court states on the record why a bond is not necessary (MCL 700.5410(1)).
• Inventory. "Within 56 days after appointment or within another time period specified by court rule, a conservator shall prepare and file with the appointing court a complete inventory of the estate" (MCL 700.5417(1)).
• Accounts. "A conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise" (MCL 700.5418(1)).
• Real estate. As amended by 2026 PA 68 (in effect July 23, 2026), a conservator may not sell, dispose of, mortgage, pledge or place a lien on the protected individual's principal dwelling or other real property without court approval. The court may approve only after a hearing with notice to interested persons, considering evidence of value that includes an appraisal by a licensed professional within the preceding 6 months, and on a determination that the transaction is in the protected individual's best interest; a sale of the principal dwelling for less than the appraised value must be explained on the record (MCL 700.5423(3)).

Single transactions without a conservator. "If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual's property and business affairs, the court, without appointing a conservator, may authorize, direct, or ratify a transaction necessary or desirable to achieve a security, service, or care arrangement meeting the protected individual's foreseeable needs" (MCL 700.5408(1)). Examples in the section include a payment, a sale, an annuity, a life care contract and a trust, and the court may appoint a special conservator to carry out the transaction.

Alternatives to guardianship in Michigan

Michigan law requires alternatives to be considered at several points: in the written information the court must give a would-be petitioner before filing (MCL 700.5303(2)), in the guardian ad litem's visit and report (MCL 700.5305(1)), in the rule that a limited guardian replaces a full guardian when the person retains some capacity (MCL 700.5306(3)), and, for property, in the evaluators' duty to consider alternatives to conservatorship (MCL 700.5406(4)).

Patient advocate designation. "An individual 18 years of age or older who is of sound mind at the time a patient advocate designation is made may designate in writing another individual who is 18 years of age or older to exercise powers concerning care, custody, and medical or mental health treatment decisions for the individual making the patient advocate designation" (MCL 700.5506(1)).

Durable power of attorney. A durable power of attorney with or without limits on its purpose, authority or time period is one of the alternatives section 5303(2) names. Signing rules are on our Michigan power of attorney laws page. Free drafting tools are available for a Michigan power of attorney and a Michigan advance directive; a tool is not legal advice, and any document must be signed under the Michigan rules on the power of attorney page.

Supported decision-making. The parts of Article V that govern guardianship and protective proceedings (MCL 700.5101 to 700.5106, 700.5201 to 700.5219, 700.5301 to 700.5319 and 700.5401 to 700.5425) contain no supported decision-making agreement provision, and the list of alternatives in MCL 700.5303(2) does not mention one.

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment serves a beneficiary and appoints its own payee, choosing a legal guardian only as one possible payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Michigan with a guardianship

Michigan has two interstate provisions. First, if no guardian has been appointed in Michigan and no petition is pending here, a guardian appointed, qualified and serving in good standing in another state "may be appointed immediately as temporary guardian in this state" by filing an application, an authenticated copy of the out-of-state appointment and an acceptance; those letters "expire 28 days after the date of appointment" (MCL 700.5301a(1)). Within 14 days after that appointment, the guardian must give notice to all interested persons of the appointment and of their right to object; on filing proof of service of that notice, "the temporary guardian shall be appointed full guardian" and the court issues letters of guardianship, and if an objection is filed the guardianship continues unless a Michigan court orders the guardian removed (MCL 700.5301a(2), (3)). Second, a Michigan court has jurisdiction to appoint a guardian if the person resides in Michigan, or is present in Michigan and has a significant connection to the state (MCL 700.5301b(1)).

Recent changes to Michigan guardianship law

• 2023 PA 72 (immediate effect July 12, 2023) amended the parental power of attorney section and two minor-guardianship sections (MCL 700.5103, 700.5204, 700.5206).
• 2024 PA 1 (immediate effect February 21, 2024) added standby guardians for adults (MCL 700.5301c) and amended the petition, notice, counsel, rights and priority sections, including MCL 700.5303, 700.5305, 700.5306a, 700.5310, 700.5311, 700.5313 and 700.5314.
• 2026 PA 69 (in effect July 23, 2026) added the residence-move petition in MCL 700.5306b and amended MCL 700.5306 and 700.5314.
• 2026 PA 68 (in effect July 23, 2026) amended MCL 700.5423 to require court approval, after a hearing and an appraisal, before a conservator sells, mortgages or places a lien on the protected individual's principal dwelling or other real property.

Michigan guardianship at a glance

Related Michigan pages

• Guardianship laws by state
• Michigan power of attorney laws
• Michigan child custody laws
• Michigan grandparents' rights
• Michigan probate
• Ohio guardianship laws
• Indiana guardianship laws

This article provides general legal information about Michigan guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts, on court rules and on local court practice. For advice about a specific situation, contact a lawyer licensed in Michigan or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Michigan?

A person interested in the child's welfare may petition, but the court may appoint a guardian only if a circumstance in MCL 700.5204(2) exists, such as both parents' rights being terminated or suspended, or the parents letting the child live with someone without giving that person legal authority while the child is not living with a parent when the petition is filed. The court then appoints the guardian if the child's welfare will be served (MCL 700.5213(2)).

Can a parent give a relative temporary custody in Michigan without going to court?

A parent may delegate powers over a child's care, custody or property to another person by a properly executed power of attorney for no more than 180 days, but not the power to consent to adoption (MCL 700.5103(1)); for a parent deployed abroad with the armed forces, the power of attorney may provide that it lasts until the 31st day after the deployment ends (MCL 700.5103(3)). A parent may not knowingly delegate for longer than 180 days to permanently transfer custody (MCL 700.5103(2)).

Can a parent name a guardian for a child in a will in Michigan?

Yes. A parent of an unmarried minor may appoint a guardian by will or by a writing signed by the parent and attested by at least 2 witnesses (MCL 700.5202(1)). It takes effect only when the conditions in MCL 700.5202(2) are met and the guardian's acceptance is filed, and a child 14 or older may object within the time MCL 700.5203 allows.

What must be proved to get guardianship of an adult in Michigan?

Under EPIC, the court must find by clear and convincing evidence both that the person is an incapacitated individual and that the appointment is necessary to provide continuing care and supervision, with each finding supported separately on the record (MCL 700.5306(1)). Guardianship of an adult with a developmental disability is made only under the Mental Health Code instead (MCL 330.1604(2)).

Does the person get a lawyer in a Michigan guardianship case?

Unless the person has a lawyer of their own choosing, the court appoints a guardian ad litem (MCL 700.5303(3)). The court must appoint a lawyer if the person wants to contest the petition, wants limits on the guardian's powers, or objects to a proposed guardian, and the state pays if the person is indigent (MCL 700.5305(3)).

Can a Michigan guardian move the ward into a nursing home?

Since July 23, 2026, a guardian must petition the court before moving the ward from the ward's permanent residence. The court appoints a guardian ad litem, holds a hearing within 28 days, and may approve the move only on clear and convincing evidence that every condition in MCL 700.5306b(5) is met. A guardian may move the ward first in an emergency or under authority the court granted after an earlier hearing on the record, but must then notify the court within 14 days and file a petition if the ward will not return to the permanent residence (MCL 700.5306b(7) to (10)).

What is the difference between a guardian and a conservator in Michigan?

A guardian makes personal decisions, such as residence and medical consent, within the powers the court grants (MCL 700.5314). A conservator manages property and business affairs and is appointed when the court finds by clear and convincing evidence that the person cannot manage them effectively and property would be wasted or money is needed for support (MCL 700.5401(3), 700.5406(7)).

How long does an emergency guardianship last in Michigan?

When no guardian exists and there is an emergency, the court may appoint a temporary guardian for the period it orders, and a hearing with full notice must be held within 28 days after the court acts (MCL 700.5312(1)). A temporary guardian replacing a guardian who is not performing may serve for no more than 6 months (MCL 700.5312(2)).

Does Michigan have supported decision-making agreements?

The guardianship and protective-proceeding parts of Michigan's Article V contain no supported decision-making agreement provision. The alternatives the statute names include a limited guardian, a conservator, a patient advocate designation and a durable power of attorney (MCL 700.5303(2)).

How can a guardianship be ended in Michigan?

The ward or any person interested in the ward's welfare may petition, or send an informal letter to the court or judge, to modify or end the guardianship, and the court must set a hearing within 28 days (MCL 700.5310(2), (3)). An order finding incapacity may bar new requests without special leave for up to 182 days.