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Guardianship in Michigan: How Families Get a Guardian for a Parent, Step by Step

When a parent can no longer decide and nothing was signed, a Michigan probate court can appoint a guardian. Here is how the process works under the Estates and Protected Individuals Code, from the petition to the annual report.

By naveen · Updated October 13, 2026 · How we research our guides

In Michigan, a family gets a guardian for a parent by petitioning the probate court, which can appoint one only on clear and convincing evidence that the parent is incapacitated and needs one. The court then supervises the guardian for as long as the guardianship lasts. Guardianship is the route left when a parent can no longer make their own decisions and there's no power of attorney or advance directive in place. If your parent can still sign documents, a Michigan power of attorney and a patient advocate designation are the alternatives the law itself points to. Michigan's statute also covers guardians for minors in a separate part; this guide is about adults.

What is guardianship in Michigan?

Michigan's rules are in the Estates and Protected Individuals Code (EPIC), Article V, Part 3, "GUARDIANS OF INCAPACITATED INDIVIDUALS" (MCL 700.5301 to 700.5319). The law uses its own vocabulary:

So a family may need a guardian for personal and medical decisions, a conservator for money and property, or both. The general picture is in our guide to conservatorship and guardianship.

When does a parent need one, and what are the alternatives?

A Michigan court "may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual" (MCL 700.5306). Each finding must be supported separately on the record. Otherwise the court may dismiss the case or enter another order.

Even then, the court "shall grant a guardian only those powers and only for that period of time as is necessary to provide for the demonstrated need of the incapacitated individual," and must design the guardianship "to encourage the development of maximum self-reliance and independence."

Michigan builds alternatives into the process. Under MCL 700.5303, before anyone files, the court must give them written information on alternatives to a full guardianship, including a limited guardian, a conservator, a patient advocate designation, a do-not-resuscitate order, a physician orders for scope of treatment form, or a durable power of attorney. The court's form for this, PC 666, notes that "Some of them will only work if the person is still able to make decisions."

A patient advocate designation your parent already signed carries weight. If the court knows of one, it "shall not grant a guardian any of the same powers that are held by the patient advocate." The guardian ad litem must also tell the court whether an alternative to a full guardianship would work.

Who can be the guardian?

The court may appoint "a competent person," but it "shall not appoint as a guardian an agency, public or private, that financially benefits from directly providing housing, medical, mental health, or social services" to your parent (MCL 700.5313). Among people who are suitable and willing, the order of priority is:

1. A guardian already serving in good standing in Michigan or another state.
2. "A person the individual subject to the petition chooses to serve as guardian."
3. "A person nominated as guardian in a durable power of attorney or other writing by the individual subject to the petition."
4. "A person named by the individual as a patient advocate or attorney in fact in a durable power of attorney."
5. A person appointed by your parent's parent or spouse by will or other writing.

If none of those is suitable or willing, relatives come next: your parent's spouse, then an adult child, then a parent, then a relative your parent lived with for more than six months before the petition, then a person nominated by whoever is caring for your parent or paying them benefits. A professional guardian can be appointed only if no one else is competent, suitable and willing to serve (MCL 700.5106).

The court may also designate a standby guardian, who steps in "immediately on the guardian's unavailability" without a new proceeding (MCL 700.5301c).

How do you get guardianship of a parent in Michigan?

You file a petition in the probate court where your parent lives or is present (MCL 700.5302), and "An individual in the individual's own behalf, or any person interested in the individual's welfare" may file it. The steps:

1. Get the alternatives information. The court provides it before filing (form PC 666).
2. File the petition. Use form PC 625, Petition for Appointment of Guardian of Incapacitated Individual. The petition must give "specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment," and you choose whether you're asking for a full or limited guardian.
3. The court sets a hearing and appoints a guardian ad litem. Unless your parent has their own lawyer, the court appoints a guardian ad litem, who must visit your parent personally, explain what a guardianship means and what rights they have, and report to the court on alternatives and on your parent's wishes (MCL 700.5305). You can't suggest who the guardian ad litem should be.
4. Notice goes out. Your parent must be served personally. Notice also goes to their spouse, parents and adult children, anyone with care and custody of them, and, if known, an agent under a durable power of attorney (MCL 700.5311). Your parent receives a written notice of rights (form PC 626).
5. A lawyer, if your parent wants one. If your parent wants to contest the petition, limit the guardian's powers or object to the person proposed, and has no lawyer, the court must appoint one. If your parent is indigent, "this state shall bear the expense of legal counsel."
6. An evaluation, if needed. The court may order an exam by a physician or mental health professional, whose report is due "at least 5 days before the hearing" and isn't part of the public record. Your parent may also get an independent evaluation, at public expense if indigent (MCL 700.5304).
7. The hearing. Your parent may attend, see all the evidence, present evidence, cross-examine witnesses, and ask for a jury or a closed hearing.
8. The order and letters. If the court appoints a guardian, the guardian files an acceptance; the court's order form says "The guardian is not permitted to act until letters of guardianship are issued" (PC 631).

One consequence of the order: on an order finding a person legally incapacitated, the court orders the state police to enter it into the law enforcement information network (MCL 700.5107). It's removed if the court later finds your parent is no longer legally incapacitated.

What about an emergency?

Under MCL 700.5312, if your parent has no guardian, "an emergency exists, and no other person appears to have authority to act in the circumstances," the court gives notice to your parent and holds a hearing. On a showing that your parent is incapacitated, the court may act as guardian itself or appoint a temporary guardian "with only the powers and for the period of time as ordered by the court." A full hearing with notice must follow within 28 days.

You can ask for a temporary guardian in the same PC 625 petition, by describing the emergency. A temporary guardian can be removed at any time and makes the reports the court requires.

What does a guardian have to do?

Under MCL 700.5314, a guardian has only the powers the court grants. Within those:

• Consult your parent. If meaningful communication is possible, the guardian must consult your parent before a major decision.
• Visit. The guardian must visit within 3 months of appointment and at least once every 3 months after that.
• Work toward independence. The guardian "shall secure services to restore the ward to the best possible state of mental and physical well-being so that the ward can return to self-management at the earliest possible time."
• Report every year. The guardian must report on your parent's condition and estate "not less often than annually," on form PC 634, including "A recommendation as to the need for continued guardianship."

Some decisions need the court:

• Moving your parent. Since July 23, 2026, MCL 700.5306b says your parent has the right "to remain in the individual's own surroundings" if possible. Before moving your parent from their permanent residence, a guardian must petition; the court appoints a guardian ad litem and holds a hearing within 28 days. The court must find, among other things, that the move "is not being arranged solely or primarily for the convenience of the guardian." In an emergency the guardian can move your parent first, then notify the court within 14 days.
• Inpatient hospitalization. A guardian can't consent to it "unless the court expressly grants the power in its order."
• Selling the house. A guardian can't sell your parent's real property except as a special conservator. A conservator needs court approval after a hearing, with an appraisal done within the preceding six months (MCL 700.5423).
• Paying family for room and board. A guardian can't use your parent's money to pay the guardian or close family for room and board without a court order.

If your parent's property needs protection, the court orders a bond or restricts the letters of guardianship, and it may order the guardian to petition for a conservator. A conservator files an inventory and accounts to the court at least once a year unless the court directs otherwise. The court itself reviews the guardianship within one year of appointment and at least every three years after that (MCL 700.5309). The sections we read don't set a training requirement for family guardians.

What rights does your parent keep, and how does it end?

Your parent keeps the rights listed in MCL 700.5306a, and the guardian ad litem must give them to your parent in writing. They include the right to choose the guardian if that person is suitable and willing, to quarterly visits from the guardian, to be consulted about major decisions when possible, and to have the court told within 14 days of a change of residence.

Your parent, or anyone interested in their welfare, can ask the court to remove the guardian, modify the guardianship or end it, and "A request for this order may be made by informal letter to the court or judge" (MCL 700.5310). Anyone who knowingly blocks that letter can be held in contempt. The court sets a hearing within 28 days, though the original order can bar such requests for up to 182 days without the court's permission. A guardian's authority also ends when your parent dies, or when the guardian dies, resigns or is removed.

How much does it cost?

The filing fee for a guardianship petition, including a request for a temporary guardian on the same petition, is $150, from MCL 600.880a and the SCAO Probate Court Fee Tables.

The same table lists a $25 electronic filing system fee for civil actions, and a $20 fee for later motions and petitions (fee tables). It lists no fee for filing the annual report on the condition of the ward. Fees "may be waived or suspended pursuant to MCL 600.880d or MCR 2.002," and if the court waives the filing fee because a party can't pay, it also waives the electronic filing fee. Attorney fees are separate, and none of the sources on this page sets them.

Frequently asked questions

How long does a Michigan guardianship last?

Until the court ends it, or until your parent or the guardian dies, or the guardian resigns or is removed. The court must review it within one year of appointment and at least every three years after that. Your parent can ask the judge to modify or end it at any time, even by informal letter, and gets a hearing within 28 days.

Does a guardian handle my parent's money in Michigan?

Not necessarily. Michigan uses a conservator for money and property, under a separate part of EPIC. If there's no conservator and the court grants the power, a guardian can receive money owed to your parent and use it for their support. If your parent's finances need protection, the court can order the guardian to petition for a conservator.

Can my parent fight the guardianship?

Yes. Your parent can contest the petition, object to the person proposed, ask for limits on the guardian's powers, attend the hearing, cross-examine witnesses and ask for a jury. If your parent wants to contest and has no lawyer, the court must appoint one, at the state's expense if your parent is indigent.

Does a power of attorney avoid guardianship in Michigan?

It can. The court must tell petitioners about alternatives, including a durable power of attorney and a patient advocate designation. A patient advocate's powers can't be given to a guardian, and a person named in a power of attorney ranks high on the priority list if a guardian is still needed. Your parent must be of sound mind to sign.

Can a guardian put my parent in a nursing home?

Not without the court, except in the situations the statute lists. Since July 23, 2026, a guardian must petition before moving your parent from their permanent residence, unless the court already granted that authority after a hearing or there's an emergency. The court must find by clear and convincing evidence that the move is to the least restrictive suitable setting.

How much does it cost to file for guardianship in Michigan?

The petition fee is $150 under MCL 600.880a, and the court's fee table also lists a $25 electronic filing system fee for civil actions (SCAO fee tables). Later motions and petitions are $20. Fees can be waived for a party who can't pay. Attorney fees are separate, and the fee table doesn't set them.

Getting started

Guardianship is the route that's left when nothing was signed in time. If your parent can still make decisions, a durable power of attorney and a patient advocate designation let them choose who acts for them. If it's already too late for that, see what an elder law attorney does before you file. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

Sources

• Michigan EPIC Part 3, Guardians of Incapacitated Individuals: MCL 700.5301 to 700.5319, the guardianship statute.
• MCL 700.5306, Findings and limited guardianship: the clear and convincing evidence standard and limits on powers.
• MCL 700.5306a, Rights of the individual: the rights your parent keeps.
• MCL 700.5306b, Change of residence: the court process before moving a ward, added by 2026 PA 69.
• MCL 700.5313, Guardian qualifications and priority: who may serve and in what order.
• MCL 700.5314, Powers and duties of guardian: visits, consultation and the annual report.
• Senate Bill 586 of 2025 (Public Act 69 of 2026): the 2026 residence-change law and its effective date.
• MCL 600.880a, Guardianship filing fee: the filing fee.
• Michigan Courts, Probate Court Fee Tables: guardianship fees and waivers.
• SCAO form PC 625, Petition for Appointment of Guardian: the petition.
• SCAO form PC 666, Options before filing: the court's information on alternatives.
• SCAO form PC 634, Annual report of guardian: the yearly report.

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