Michigan Adult Guardianship and Conservatorship

Reviewed by Kelly M. Neumann, a Michigan-admitted attorney who handles the firm’s estate planning matters. Last updated July 30, 2026.

Guardianship and conservatorship are the court processes Michigan families turn to, within Michigan estate planning, when a loved one can no longer manage their own affairs and no durable power of attorney or Patient Advocate Designation was ever signed. Our estate planning attorneys at Neumann Law Group represent both petitioning families and, where appropriate, the individual whose capacity is in question, before the Grand Traverse County Probate Court and other Northern Michigan probate courts. We can walk you through what the court will actually require before a hearing is ever scheduled.

What Is the Difference Between Guardianship and Conservatorship in Michigan?

A guardian is appointed to make personal decisions for an incapacitated adult, including where they live, medical treatment, and day-to-day care. A conservator is appointed to manage that person’s financial affairs, including paying bills, managing accounts, and handling property. Under MCL 700.5301 and the sections following it, a court can appoint a guardian, a conservator, or both for the same person, and the same individual may serve in both roles or the court may appoint two different people if that better serves the incapacitated adult.

Michigan law does not let a court simply choose the broadest available order because it is easier to administer. The statute directs the court toward the least restrictive alternative consistent with the person’s actual needs, meaning a limited guardianship, which transfers only specific, named decisions to the guardian while leaving the rest of the person’s legal rights intact, must be considered before a full guardianship is ordered. A person under a limited guardianship might lose the authority to make medical decisions, for example, while keeping the right to vote, marry, or manage smaller personal affairs the court did not specifically address.

What Circumstances Lead to a Guardianship Petition?

Guardianship petitions most often follow a dementia or Alzheimer’s diagnosis that has already progressed past the point where the person could sign their own durable power of attorney, a traumatic brain injury or stroke, a developmental disability where a young adult is turning eighteen with no legal decision-making authority transferred, or a serious mental illness that has reached a crisis point. In nearly every one of these situations, the underlying problem is the same: no advance planning document exists, so the family has no legal authority to act without asking the court for it.

What Is at Stake in a Guardianship Proceeding?

For the person the petition concerns, a full guardianship means losing legal authority over personal decisions that most adults take for granted, which is exactly why Michigan law requires clear and convincing evidence and a genuine consideration of less restrictive alternatives before that authority moves to someone else. For the family, a contested guardianship, where relatives disagree about whether guardianship is needed at all or about who should serve, can become slow, expensive, and painful in ways that a signed power of attorney would have avoided entirely. Even an uncontested case requires a hearing, an independent evaluation, and ongoing annual reporting once a guardian or conservator is appointed.

How Does a Michigan Guardianship Case Proceed?

A petition is filed in the probate court of the county where the individual resides, and notice must go to the individual and to other interested persons, typically close family members. The court appoints a guardian ad litem, an attorney who investigates and reports directly to the court on the individual’s circumstances and wishes, and usually orders an independent medical or psychological evaluation addressing the person’s actual functional capacity. At the hearing, the court weighs that evidence against the clear and convincing standard, considers whether a limited guardianship would be sufficient, and if it appoints a guardian or conservator, sets the scope of that person’s authority in the order itself. The appointment is not the end of the court’s involvement; the guardian or conservator must report back on a regular schedule afterward.

What Evidence Does the Court Require to Establish a Guardianship?

The independent medical or psychological evaluation is usually the central piece of evidence, since it addresses the individual’s actual functional capacity rather than simply their diagnosis. The guardian ad litem’s report to the court, reflecting a direct conversation with the individual, carries real weight, as does testimony from family members and caregivers who interact with the person regularly. The court also looks at whether any advance planning already exists, since a valid durable power of attorney or Patient Advocate Designation can make a guardianship unnecessary or narrow its scope considerably, and whether a limited guardianship, rather than a full one, would adequately protect the person given what the evidence actually shows.

How Neumann Law Group Handles Guardianship and Conservatorship Cases

We represent families petitioning for guardianship or conservatorship, and where appropriate, we represent the individual whose capacity is at issue, since Michigan’s process is built to protect that person’s rights, not just to make appointment easier for the family. We push for a limited guardianship wherever the evidence supports one, prepare the medical and evaluative record the court will actually rely on, and help families understand the ongoing reporting obligations before they take on the role. Neumann Law Group offers a free consultation, and we will meet with families where travel to an office is difficult.

What to Do Before Filing a Guardianship Petition

Confirm first whether a valid durable power of attorney or Patient Advocate Designation already exists, since either document can eliminate the need for a guardianship entirely or narrow what the court needs to decide. Gather medical records documenting the person’s actual functional limitations, not just a diagnosis, since that is what the evaluation and the hearing will focus on. Talk with other close family members before filing, since a guardianship the family agrees on moves far faster than one that becomes contested. Do not assume a full guardianship is the only option; ask your attorney whether a limited guardianship would meet the person’s actual needs before the petition is drafted.

Neumann Law Group represents families and individuals in guardianship and conservatorship matters before the Grand Traverse County Probate Court and throughout the Northern Michigan region. Call (800) 525-6386 or reach us through our contact page for a free consultation, and we will meet with you where you are if travel is a burden.

Frequently Asked Questions About Guardianship and Conservatorship

Can Guardianship Be Avoided With a Durable Power of Attorney?

In most cases, yes. A validly signed durable power of attorney and Patient Advocate Designation let a person’s own chosen agent manage finances and health care decisions without any court proceeding at all. Guardianship and conservatorship exist mainly for people who lost capacity before signing these documents, or who never had anyone to name.

Who Decides Who Serves as Guardian?

The probate court decides, after considering the petition, any nomination the incapacitated person made while still capable, and the recommendations of a court-appointed guardian ad litem. Family members disagreeing about who should serve is one of the more common reasons a guardianship hearing becomes contested rather than routine.

What Is a Limited Guardianship?

A limited guardianship gives the guardian authority over only specific decisions the court identifies, leaving the rest of the person’s legal rights intact. Michigan law requires courts to consider a limited guardianship before ordering a full one, reflecting a preference for the least restrictive option that still protects the person.

Does the Ward Lose All Legal Rights Under a Guardianship?

Not necessarily. A full guardianship transfers personal decision-making authority to the guardian, but a limited guardianship leaves whatever rights the court did not specifically transfer with the individual. The scope of the order, not a blanket rule, determines exactly what authority moves to the guardian.

Where Are Guardianship Petitions Filed in Northern Michigan?

Guardianship and conservatorship petitions are filed in the probate court of the county where the individual resides. The Grand Traverse County Probate Court is the primary venue for Traverse City-area families, and the petition follows the individual’s residence rather than where family members happen to live.

Related Estate Planning Services

• Michigan wills often need review once a guardianship or conservatorship has been established for a family member.
• Durable power of attorney and Patient Advocate Designation let a family avoid guardianship entirely when signed while capacity still exists.
• Alzheimer’s and dementia planning covers the planning window before a diagnosis progresses to the point guardianship becomes necessary.
• The Michigan probate process explains the broader probate court system that guardianship and conservatorship proceedings run through.
• Asset protection planning can reduce what a conservatorship needs to manage in the first place.