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 EditorialPublished: June 28, 2026Updated: June 3, 2026

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

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

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

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

More guardianship types1 additional arrangement courts use in specific situations, with statute cites

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

The Michigan guardianship court process

1File a petitionFile a petition for appointment of a guardian in the probate court for the county where the alleged incapacitated individual lives or is present.

File a petition for appointment of a guardian in the probate court for the county where the alleged incapacitated individual lives or is present. The individual, or any person interested in the individual's welfare, may file (MCL 700.5303).

2Guardian ad litemUnless the individual has their own attorney, the court appoints a guardian ad litem to visit the individual, explain the proceeding and the individual's rights, and report to the court (MCL 700.5303, 700.5305).

Unless the individual has their own attorney, the court appoints a guardian ad litem to visit the individual, explain the proceeding and the individual's rights, and report to the court (MCL 700.5303, 700.5305).

3NoticeThe individual and interested persons receive notice of the petition and hearing, including a plain-language statement of the individual's rights (MCL 700.5311, 700.5306a).

The individual and interested persons receive notice of the petition and hearing, including a plain-language statement of the individual's rights (MCL 700.5311, 700.5306a).

4EvaluationThe court considers a report on the individual's condition and may order an independent medical or psychological evaluation (MCL 700.5304).

The court considers a report on the individual's condition and may order an independent medical or psychological evaluation (MCL 700.5304).

5HearingAt the hearing the individual may attend, be represented by counsel, present and challenge evidence, and request a closed hearing or a jury (MCL 700.5304).

At the hearing the individual may attend, be represented by counsel, present and challenge evidence, and request a closed hearing or a jury (MCL 700.5304).

6Finding and orderThe court must find incapacity by clear and convincing evidence and appoint a guardian only to the extent necessary, preferring a limited guardianship that encourages self-reliance (MCL 700.5306).

The court must find incapacity by clear and convincing evidence and appoint a guardian only to the extent necessary, preferring a limited guardianship that encourages self-reliance (MCL 700.5306).

7Letters of authorityThe court issues letters of authority defining the guardian's powers.

The court issues letters of authority defining the guardian's powers. The guardian must then meet visitation and reporting duties, including visiting the ward within 3 months of appointment (MCL 700.5314).

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.

Emergency guardianship and planning ahead

Emergency guardianship: The court appoints a temporary guardian with only the powers, and for the period of time, that it orders. When a temporary guardian replaces a guardian who is not performing effectively, the appointment may not exceed 6 months (MCL 700.5312). Authority: MCL 700.5312 (temporary guardian of a legally incapacitated individual); hearing notice under MCL 700.5311.

Naming a guardian in advance: Michigan has no standalone preneed guardian declaration that a competent adult files on their own, but planning still controls who serves. A person with enough capacity to make an intelligent choice may nominate a preferred guardian, often in a durable power of attorney, and the court gives that nomination priority (MCL 700.5313). A parent or spouse may nominate a guardian by will or other writing (MCL 700.5301). A durable power of attorney and a patient advocate designation (MCL 700.5506) let an adult name decision-makers in advance and can reduce the need for a guardianship at all.

Guardianship costs

Court filing fee: About $175 to $200 in probate court depending on the county.
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Michigan?

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?

Statutes and sourcesOfficial references used for this page

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Information current as of June 3, 2026

Settled Estate is not a law firm, and 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.