How do I petition for guardianship or conservatorship in Michigan?
1. Terminology. Michigan uses 'guardian' for the person and 'conservator' for the estate, for both minors and incapacitated adults.
2. Adult Guardianship. Under MCL 700.5306, a guardian is appointed for an adult who is 'legally incapacitated' — impaired by reason of mental illness, intellectual disability, physical illness, chronic substance use, or other cause to the extent of lacking sufficient understanding to make or communicate informed decisions.
3. Adult Conservatorship. Under MCL 700.5401, a conservator is appointed for an adult unable to manage property due to mental or physical impairment.
4. Minor Guardianship/Conservatorship. Available under MCL 700.5204 (guardian) and MCL 700.5401 (conservator) when parents are deceased, unfit, or rights suspended.
5. Petition. File in the probate court of the county where the proposed ward/protected individual resides. Personal service on the proposed ward at least 14 days before hearing; notice to spouse, adult children, parents.
6. Court Investigator / GAL. A GAL is appointed under MCL 700.5305 to interview, observe, and report. Counsel must be appointed on request or if the GAL recommends it.
7. Capacity Evaluation. Medical evidence is required, typically a physician's or mental-health professional's report; clear and convincing evidence standard (MCL 700.5306(1)).
8. Hearing & Order. Proposed ward has rights to attend, to counsel, to cross-examine, and to a jury trial. The court must impose the least restrictive form of intervention.
9. Powers & Duties. Bond required for conservator (MCL 700.5410); inventory within 56 days; annual account; court approval for sale of real property and major medical decisions.
10. Alternatives. Durable POA (MCL 700.5501), patient advocate designation (MCL 700.5506), and trusts.
11. Termination & UAGPPJA. Restoration on capacity (MCL 700.5310), death, or minor reaching 18. Michigan adopted UAGPPJA at MCL 700.5301a et seq.
This is legal information, not legal advice.
- Petitions involving both guardianship and conservatorship for an incapacitated adult
- Disputes over selection between competing relatives or professional fiduciaries
- Modification or termination of existing orders based on changed circumstances
- MCL 700.5101 et seq.
- MCL 700.5306
- MCL 700.5401
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.