Michigan: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Michigan's Estates and Protected Individuals Code uses two separate ordinary
adult tracks. A guardian supplies continuing personal care and supervision
under §§ 700.5303 and 700.5306. A conservator manages property and business
affairs under §§ 700.5401 and 700.5404, while the same property proceeding can
seek another protective order instead of a conservator. The statewide court
forms are PC 625 for guardianship and PC 639 for conservatorship or a protective
order.

Who may file and where

Section 700.5303 permits the adult or any person interested in the adult's
welfare to petition for guardianship. The guardianship checklist applies
§ 700.5302's venue rule: file where the adult resides or is present, or, for an
adult admitted to an institution by court order, in the county where that court
is located.

For property protection, § 700.5404 reaches the adult, a person interested in
the adult's estate, affairs, or welfare, and anyone adversely affected by the
lack of effective management. Section 700.5403 places a resident's case where
the adult resides and a nonresident's case where Michigan property is located.

What the petition must contain

The guardian petition must state the functional condition and give specific
examples of recent conduct showing why appointment is needed. Current Form PC
625 also discloses existing patient-advocate and power-of-attorney arrangements,
any conservator, the person with care and custody, spouse and adult children or
other presumptive heirs, the proposed guardian and priority, and whether full or
identified limited powers are requested.

The property petition is more asset-focused. Section 700.5404 and Form PC 639
require the petitioner's interest; the adult's age, residence, address, family,
guardian and other agents; the management problem and supporting facts; a
general property and benefit estimate; why relief is necessary; and the
proposed conservator, priority basis, assets, or other protective order sought.

Proof required for appointment

Guardianship requires two distinct clear-and-convincing findings under
§ 700.5306: the adult is functionally incapacitated, and appointment is
necessary to provide continuing care and supervision. Form PC 631 records both
findings separately and also asks whether the adult is partially or totally
without capacity for self-care.

The conservator test is different. Sections 700.5401 and 700.5406 require clear
and convincing proof that the adult cannot manage property and business affairs
effectively for a statutory reason and either property will be wasted or
dissipated without management or protected money is needed for support, care,
and welfare. A mentally competent adult may also request a conservator because
age or physical infirmity prevents effective management.

Alternatives the court must address

Before a guardian petition is filed, § 700.5303 requires the court to provide
written information explaining alternatives to full guardianship. Current law
names limited guardianship, conservatorship, a patient-advocate designation, a
do-not-resuscitate order, a POST form, and a durable power of attorney.

The guardian ad litem's Form PC 627 implements § 700.5305 and requires an actual alternatives review,
including narrower powers, property protection, advance planning documents, and
available family support. In the conservator track, § 700.5406 requires an
appointed guardian ad litem, physician, mental-health professional, or visitor
to consider an appropriate alternative and, if conservatorship is appropriate,
whether its scope and duration should be limited.

Notice, service, and hearing timing

Section 700.5311 requires personal service on the adult. Under current Michigan
Court Rule 5.102, delivery must occur at least seven days before the hearing.
The notice framework also reaches the spouse, parents, adult children, and
other interested persons; § 700.5405 carries that framework into a
conservatorship or protective-order petition.

The court sets a hearing after either petition is filed. The ordinary statutes
do not impose a fixed filing-to-hearing deadline. That is different from the
separate temporary and emergency provisions.

Counsel and hearing rights

Form PC 626 implements § 700.5306a and gives the adult in a guardian case
chosen-counsel rights and permits
public-expense appointed counsel when the adult cannot afford a lawyer. If the
adult is not represented, a guardian ad litem is appointed. The adult may
attend, see and hear the evidence, present evidence, cross-examine witnesses,
demand a jury, and request a closed hearing.

The conservator rules are similar but not identical. Section 700.5406 ordinarily
requires a guardian ad litem unless the adult has chosen counsel or is mentally
competent but aged or physically infirm. The adult is entitled to attend, use
counsel, present evidence, cross-examine the court's examiner and visitor,
demand a jury, and request a closed hearing.

Medical evidence or court evaluator

Michigan does not require a physician certificate with every guardian
petition. Under § 700.5304 the court may order a physician or mental-health
examination if necessary; when ordered, the written report is due at least five
days before the hearing. The adult may obtain an independent evaluation, at
public expense if indigent. A guardian ad litem is the ordinary mandatory
investigator when the adult does not already have counsel.

For conservatorship, § 700.5406 permits a court-appointed physician or
mental-health professional when the alleged disability fits the statute and
also permits a visitor. Each appointed evaluator or visitor must address
alternatives and whether the conservator's scope and duration should be
limited.

Limits on the order

Section 700.5306 requires guardian powers and duration to match demonstrated
need and encourage maximum self-reliance. Partial loss of self-care capacity
supports only a limited guardian; a full guardian requires a finding that the
adult is totally without capacity to care for themself. Existing patient-
advocate powers generally cannot be duplicated.

Residence authority has an added limit effective July 23, 2026. Section
700.5306 now bars the court from granting authority to change the adult's
residence except under new § 700.5306b. Ordinarily the guardian must file a
separate petition, the court must appoint a guardian ad litem, and a hearing
must occur within 28 days. A move requires clear-and-convincing findings about
health, safety, welfare, the least restrictive suitable setting, reasonable
ways to remain at home, community and personal relationships, and whether the
move is primarily for the guardian's convenience. Prior on-record authority or
an emergency can permit an earlier move; an emergency move must be reported to
the court within 14 days.

The property order may likewise be narrower than control of the whole estate.
Form PC 640 applies § 700.5406, permits appointment over identified assets only, and states that the
adult retains title to all other assets. Temporary guardianship under
§ 700.5312 and preliminary property protection under § 700.5407 are separate
emergency routes, not the ordinary appointment standard.

What trips people up

The physician report is not automatically required in every Michigan filing.
The guardian ad litem is ordinarily appointed after filing when the adult lacks
counsel, while a clinical examination occurs only if the court orders one.
Petitioners should not treat the two roles as interchangeable.

The pending Legislature package is also easy to misread as current procedure.
HB 4632 through HB 4635 would add a new initial-hearing and trial structure and
rewrite several evaluation and temporary-appointment rules, but the package has
not been enacted. HB 4677's supported-decision-making addition also remains
pending. By contrast, SB 586's residence provisions are already current law as
Public Act 69; they took immediate effect when filed July 23, 2026.

Common questions

Can the same person ask for both personal and financial authority?

Yes, but Michigan uses separate guardian and conservator petitions and applies
different functional tests. The court can grant one form of authority without
granting the other.

Does a diagnosis prove that a guardian is needed?

No. Section 700.5306 requires clear and convincing proof of functional
incapacity and that a guardian is necessary for continuing care and
supervision.

Can the adult demand a jury?

Yes. The current rights form states a jury-trial right in the guardian case,
and § 700.5406 expressly supplies the same right in the conservator proceeding.

Does a conservator automatically control every asset?

No. The order can limit authority to named assets, and Form PC 640 states that
the adult retains title to all other assets.

Statutes and sources

• MCL §§ 700.5303, 700.5304, 700.5306, 700.5306a, and 700.5312. Current
  operative wording reproduced in official current-session Michigan bill text,
  accessed July 19, 2026.
• MCL §§ 700.5303-.5306a. Michigan State Court Administrative Office Forms
  PC 625, PC 626, PC 627, PC 630, and PC 631, accessed July 19, 2026.
• MCL §§ 700.5401, 700.5404-.5407. Michigan Judicial Institute,
  Introduction to Conservatorships & Guardianships, last updated January 16,
  2026, and SCAO Forms PC 639 and PC 640, accessed July 19, 2026.
• MCL §§ 700.5311 and 700.5405; MCR 5.102. Michigan Judicial Institute
  benchbook and Michigan Court Rules updated May 1, 2026, accessed July 19,
  2026.
• MCL §§ 700.5306, 700.5306b, and 700.5314. 2026 Michigan Public Act
  69, enrolled SB 586, effective July 23, 2026; accessed July 30, 2026.