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
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
The Michigan guardianship court process
File a petition
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).
Guardian ad litem
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).
Notice
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).
Evaluation
The court considers a report on the individual's condition and may order an independent medical or psychological evaluation (MCL 700.5304).
Hearing
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).
Finding and order
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).
Letters of authority
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: It lasts 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?
Do I need a lawyer to file for guardianship in Michigan?
Guardian vs. conservator in Michigan: what is the difference?
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.