Can a power of attorney replace guardianship in Michigan?

Sometimes it can avoid the need for one. Michigan requires the court to give the person intending to file written information on alternatives to a full guardian, including a patient advocate designation, a DNR order, a POST form and a durable power of attorney, and the guardian ad litem must consider them (MCL 700.5303(2); 700.5305(1)). A guardian may not exercise powers that a prior valid patient advocate designation covers.

What is the difference between a limited and a full guardian in Michigan?

If the court finds by clear and convincing evidence that the person is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for themselves, the court may appoint a limited guardian, but shall not appoint a full guardian. The court grants only those powers, for only that period of time, as is necessary (MCL 700.5306).

Does Michigan separate a guardian from a conservator?

Yes. A Michigan guardian covers the person. Managing money is a separate conservatorship for a protected individual under MCL 700.5401 and following. A conservator may be appointed for cause, and the court must find the basis for appointment by clear and convincing evidence (MCL 700.5406(7)). Ask the probate court clerk which proceeding fits the situation.

Can Michigan appoint a temporary guardian in an emergency?

Yes, on conditions. For a person with no guardian, an emergency must exist, no other person may appear to have authority to act, and there must be a showing that the person is incapacitated; the court gives notice and holds a hearing, and a full hearing with notice must be held within 28 days after the court acts. If an appointed guardian is not effectively performing duties and the ward's welfare requires immediate action, a temporary guardian may be appointed for a specified period not to exceed 6 months (MCL 700.5312).

Does a Michigan guardian have to post bond and file reports?

A guardian must furnish a bond or accept restrictions in the letters if the court determines the ward's property needs protection (MCL 700.5313). A guardian must visit the ward at least once within every 3 months and report on the ward's condition as required by the court, but not less often than annually. A conservator files an inventory within 56 days after appointment, or another period set by court rule, and accounts to the court not less than annually unless the court directs otherwise.

Adult Guardianship in Michigan

Reviewed by DocDraft Legal Team - Michigan - Last updated October 9, 2026

In Michigan the county probate court appoints a guardian for an "incapacitated individual" under the Estates and Protected Individuals Code, MCL 700.5301 et seq. The petition is SCAO form PC 625, Petition for Appointment of Guardian of Incapacitated Individual. The court may appoint a guardian only if it finds by clear and convincing evidence both that the person is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision, with each finding supported separately on the record (MCL 700.5306(1)). Unless the person has a lawyer of their own choice, the court must appoint a guardian ad litem, and the notice of hearing must be served personally on the person. A Michigan guardian covers the person only; managing money is a separate conservatorship.

Find out where you stand in Michigan

What is happening with the adult you are concerned about?

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How does a court decide an adult needs a guardian in Michigan?

The probate court may appoint a guardian only if it finds by clear and convincing evidence both that the person is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision, with each finding supported separately on the record (MCL 700.5306(1)).

Which court and which form start an adult guardianship in Michigan?

The petition goes to the probate court in the county, on SCAO form PC 625, Petition for Appointment of Guardian of Incapacitated Individual (Rev. 7/24). The person or any person interested in the person's welfare may petition. Ask the probate court clerk about local filing requirements, because the court's requirements control.

Does Michigan require a doctor's report for an adult guardianship?

Not automatically. If necessary, the court may order the person to be examined by a physician or mental health professional appointed by the court, who submits a written report at least 5 days before the hearing. The person may obtain an independent evaluation at their own expense or, if indigent, at state expense (MCL 700.5304).

What rights does the person have in a Michigan guardianship case?

The notice of hearing, with a copy of the petition, must be served personally on the person, generally at least 7 days before the hearing unless court rules provide a different period. Unless they have their own lawyer, the court appoints a guardian ad litem. The person may attend, cross-examine witnesses and have a jury trial.

Michigan's guardian ad litem, personal service, and separate conservatorship

Michigan separates the person from the property. A guardian under MCL 700.5303 and following makes decisions for an "incapacitated individual" and, once appointed, the adult is a "legally incapacitated individual" or ward; a limited guardian has only the powers the court grants, and the court must not appoint a full guardian if the person lacks capacity for only some tasks. Money is handled by a conservator for a "protected individual" in a protective proceeding under MCL 700.5401 and following. The court is the county probate court, and the petition is SCAO form PC 625. The incapacitated individual definition (MCL 700.1105(a)) covers impairment by mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions, and the court must find that and the necessity of the appointment by clear and convincing evidence. A medical exam is ordered only if necessary, with the written report due at least 5 days before the hearing. Unless the person has counsel of their own choice, the court must appoint a guardian ad litem, who visits the person, explains the proceeding and the person's rights in writing on SCAO form PC 626, and reports on alternatives. Counsel is appointed if the person requests counsel, wishes to contest, wishes to limit the guardian's powers or object to a proposed guardian, or the guardian ad litem finds it in the person's best interest, and the state pays if the person is indigent. Notice must be served personally on the person, and the person has a statutory right to trial by jury.

Relevant Laws

Michigan Compiled Laws 700.1105 (Definition of incapacitated individual)

Defines an incapacitated individual as one impaired by mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.

Michigan Compiled Laws 700.5303 and 700.5306 (Petition and appointment)

Section 5303 lets the person or any person interested in the person's welfare petition and requires written information on alternatives; section 5306 requires clear and convincing evidence of incapacity and necessity, limits any guardian's powers and their duration to the demonstrated need, and bars a full guardian where capacity is lacking for only some tasks.

Michigan Compiled Laws 700.5304 and 700.5305 (Evaluation, hearing and guardian ad litem)

Cover the court-ordered examination and report due at least 5 days before the hearing, the independent evaluation, the person's rights at the hearing including trial by jury, the guardian ad litem, and appointed counsel when the person requests counsel, wishes to contest, wishes to limit the guardian's powers or object to a proposed guardian, or the guardian ad litem finds it in the person's best interest, paid by the state if the person is indigent.

Michigan SCAO Form PC 625 (Petition for Appointment of Guardian)

The State Court Administrative Office approved petition for appointment of a guardian of an incapacitated individual, Rev. 7/24; the court's requirements control what it accepts.

Regional Variances

Michigan adult guardianship requirements

Court

County probate court, under the Estates and Protected Individuals Code (MCL 700.5301 et seq.).

Terms used

Guardian (of the person) for an "incapacitated individual"; once appointed, a "legally incapacitated individual" or ward. Limited guardian and full guardian. Property is handled by a separate conservator for a "protected individual" (MCL 700.5401 et seq.). Standby guardian and temporary guardian are also used.

Petition form

SCAO form PC 625, Petition for Appointment of Guardian of Incapacitated Individual (Rev. 7/24). Letters of Guardianship are SCAO form PC 633. The court's requirements control.

Incapacity standard and proof

Incapacitated individual: impaired by mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions (MCL 700.1105(a)). The court may appoint a guardian if it finds by clear and convincing evidence both that the person is incapacitated and that the appointment is necessary as a means of providing continuing care and supervision, with each finding supported separately on the record (MCL 700.5306(1)).

Medical or evaluator report

If necessary, the court may order an examination by a physician or mental health professional appointed by the court, who submits a written report at least 5 days before the hearing. The report is not part of the public record. The person may secure an independent evaluation at their own expense or, if indigent, at the expense of the state (MCL 700.5304).

Notice and service

Notice of hearing must be served personally on the person, with a copy of the petition (MCL 700.5311). Personal service at least 7 days before the hearing unless a different period is provided or permitted by court rule; service by mail on others at least 14 days before (MCR 5.108).

Right to counsel

Unless the person has counsel of their own choice, the court must appoint a guardian ad litem (MCL 700.5303(3)). Counsel is appointed if the person requests counsel, wishes to contest, wishes to limit the guardian's powers or object to a proposed guardian, or the guardian ad litem finds it in the person's best interest; the state pays if the person is indigent (MCL 700.5305). Appointed counsel replaces the guardian ad litem.

Less restrictive alternatives

Written information on alternatives is given to the person intending to file (MCL 700.5303(2)); the guardian ad litem considers a limited guardian, a conservator, a patient advocate designation, a DNR order, a POST form or a durable power of attorney (MCL 700.5305(1)). The court grants only the powers, for only the period, necessary for the demonstrated need (MCL 700.5306(2)).

Emergency guardian

Person with no guardian: an emergency exists, no other person appears to have authority to act, and there is a showing of incapacity; notice and hearing, with a full hearing within 28 days after the court acts. Appointed guardian not effectively performing duties and ward's welfare requires immediate action: a temporary guardian for a specified period not to exceed 6 months (MCL 700.5312).

Bond and reports

Guardian: if the court determines the ward's property needs protection, a bond or restrictions in the letters (MCL 700.5313); visit within 3 months of appointment and at least once within every 3 months after; report as required by the court, but not less often than annually (MCL 700.5314); court review within 1 year and every 3 years after each review (MCL 700.5309). Conservator: inventory within 56 days after appointment or another period set by court rule (MCL 700.5417); account not less than annually unless the court directs otherwise (MCL 700.5418).

Suggested Compliance Checklist

Weigh less restrictive alternatives

Before filing days after starting

Review the written alternatives information the court gives a person intending to file, and ask whether a durable power of attorney, a patient advocate designation or a limited guardian would meet the need. The court grants a guardian only the powers, for only the period, necessary for the demonstrated need.

Document: durable-power-of-attorney

Prepare for a court-ordered examination

At least 5 days before the hearing days after starting

If necessary, the court may order an examination by a physician or mental health professional, whose written report is due at least 5 days before the hearing. The person may secure an independent evaluation at their own expense or, if indigent, at state expense.

File SCAO form PC 625 with the probate court

At filing days after starting

File the petition on SCAO form PC 625 in the county probate court. The person or any person interested in the person's welfare may petition. Ask the clerk about local requirements and the filing fee.

Serve notice and prepare for the hearing

Personal service generally at least 7 days before the hearing days after starting

Serve the notice of hearing and a copy of the petition personally on the person; personal service is at least 7 days before the hearing unless a different period is provided or permitted by court rule, and mail service on others is at least 14 days before. Unless the person has their own lawyer, the court appoints a guardian ad litem, and counsel is appointed on the conditions in MCL 700.5305.

Calendar visits, reports, bond and review

After appointment days after starting

Visit the ward within 3 months of appointment and at least once within every 3 months after, report as the court requires but not less often than annually, and furnish a bond or accept restrictions in the letters if the court determines the ward's property needs protection. The court reviews the guardianship within 1 year of appointment and every 3 years after each review.

Task	Description	Document	Days after starting
Weigh less restrictive alternatives	Review the written alternatives information the court gives a person intending to file, and ask whether a durable power of attorney, a patient advocate designation or a limited guardian would meet the need. The court grants a guardian only the powers, for only the period, necessary for the demonstrated need.	durable-power-of-attorney	Before filing
Prepare for a court-ordered examination	If necessary, the court may order an examination by a physician or mental health professional, whose written report is due at least 5 days before the hearing. The person may secure an independent evaluation at their own expense or, if indigent, at state expense.	-	At least 5 days before the hearing
File SCAO form PC 625 with the probate court	File the petition on SCAO form PC 625 in the county probate court. The person or any person interested in the person's welfare may petition. Ask the clerk about local requirements and the filing fee.	-	At filing
Serve notice and prepare for the hearing	Serve the notice of hearing and a copy of the petition personally on the person; personal service is at least 7 days before the hearing unless a different period is provided or permitted by court rule, and mail service on others is at least 14 days before. Unless the person has their own lawyer, the court appoints a guardian ad litem, and counsel is appointed on the conditions in MCL 700.5305.	-	Personal service generally at least 7 days before the hearing
Calendar visits, reports, bond and review	Visit the ward within 3 months of appointment and at least once within every 3 months after, report as the court requires but not less often than annually, and furnish a bond or accept restrictions in the letters if the court determines the ward's property needs protection. The court reviews the guardianship within 1 year of appointment and every 3 years after each review.	-	After appointment

Frequently Asked Questions

Other Michigan guides

Adverse Possession in Michigan: A Tiered Clock and No Tax Element

Asset Protection Planning in Michigan (2026)

Dealing With Debt Collectors in Michigan (2026)

Expunging a Criminal Record in Michigan (2026)

Filing a Workplace Harassment Complaint in Michigan

Filing Chapter 7 Bankruptcy in Michigan (2026)

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