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Michigan Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Michigan court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Michigan Estates and Protected Individuals Code, MCL 700.5201 to 700.5219, 700.5301 to 700.5319, and 700.5401 to 700.5429

By Settled Estate Editorial

What guardianship and conservatorship mean here

Michigan uses guardian for personal care authority and conservator for estate or property management authority. A minor guardianship, adult guardianship, and conservatorship are separate court-supervised paths.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian for a minor

A guardian may be appointed for an unmarried minor through a parental appointment or by court order when statutory conditions are met.

MCL 700.5202; MCL 700.5204

Guardian for an incapacitated individual

The probate court may appoint a guardian if clear and convincing evidence supports incapacity and the need for continuing care and supervision.

MCL 700.5306

Limited guardian

For an incapacitated individual, the court grants only the powers and time period necessary for the demonstrated need and designs the guardianship to encourage self-reliance and independence.

MCL 700.5306

Conservator

A conservator or protective order addresses estate and business affairs when money, property, or business affairs require management or protection.

MCL 700.5401; MCL 700.5409

Alternatives to consider before guardianship

Financial power of attorney

May reduce the need for conservatorship over financial and property tasks if signed while the principal has capacity.

Patient advocate designation

May reduce the need for overlapping adult guardian medical authority because MCL 700.5306 restricts duplicate powers when a patient advocate designation exists.

Trust or beneficiary/title planning

May reduce the need for court-supervised property management or after-death probate for assets that are properly titled or held in trust.

Frequently asked questions

What is guardianship in Michigan?
Michigan uses guardian for personal care authority and conservator for estate or property management authority. A minor guardianship, adult guardianship, and conservatorship are separate court-supervised paths.
What are the alternatives to guardianship in Michigan?
Less restrictive alternatives in Michigan include Financial power of attorney, Patient advocate designation, Trust or beneficiary/title planning. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.
Do I need a lawyer to file for guardianship in Michigan?
Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Michigan courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.
Guardian vs. conservator in Michigan: what is the difference?
Michigan uses guardian for personal care authority and conservator for estate or property management authority. A minor guardianship, adult guardianship, and conservatorship are separate court-supervised paths.

Statutes and sources

Not sure guardianship is the right step?

Guardianship is a court process that removes a person's legal rights, so Michigan courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.

Information current as of June 3, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Michigan can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.