When an aging parent can no longer manage daily decisions or handle finances safely, Michigan families face difficult choices. Guardianship in Livingston County provides a legal pathway to protect vulnerable seniors when powers of attorney don’t exist, have been rejected, or abuse and exploitation are involved.
Understanding how guardianship and conservatorship work under Michigan’s Estates and Protected Individuals Code (EPIC) helps families navigate the Livingston County Probate Court process with confidence. Whether you’re concerned about a parent missing medications, falling victim to financial scams, or living in unsafe conditions, knowing your options—and when court intervention becomes necessary—can make all the difference in protecting someone you love.
This guide explains the guardianship and conservatorship process in Livingston County, from filing petitions at the Livingston County Probate Court to understanding your duties as a court-appointed fiduciary. We’ll also explore less restrictive alternatives that may help your family avoid court involvement altogether.
Guardianship vs. Conservatorship: Understanding the Key Differences
Many Michigan families use “guardianship” and “conservatorship” interchangeably, but these are distinct legal arrangements with different purposes under state law.
What Is Guardianship in Michigan?
Guardianship is a court appointment that grants authority to make personal, medical, and living-arrangement decisions for an “incapacitated individual” who cannot make informed decisions about their own care. Under MCL 700.5301, Michigan courts may appoint a guardian when clear and convincing evidence demonstrates that a person lacks capacity to make decisions regarding their health, safety, and welfare.
A guardian’s responsibilities typically include:
- Deciding where the protected person (called the “ward”) will live
- Consenting to or refusing medical treatment
- Arranging for care services and daily support
- Making decisions about social activities and relationships
- Ensuring the ward’s basic needs are met
What Is Conservatorship in Michigan?
Conservatorship addresses financial matters rather than personal care. Under MCL 700.5401, a conservator is appointed when someone cannot manage their money and property and faces risk of financial harm as a result.
A conservator’s duties include:
- Creating an inventory of all assets
- Paying bills and managing income
- Protecting investments and property
- Seeking court approval for major transactions like selling real estate
- Filing periodic financial accountings with the court
When Both Are Needed
Some situations require both guardianship and conservatorship. A senior with advanced dementia, for example, may need a guardian to make medical and living decisions while also needing a conservator to manage their bank accounts, pay nursing home bills, and protect their savings from exploitation.
When both fiduciaries are appointed, the guardian handles personal decisions while the conservator handles finances. Michigan law expects coordination between them to serve the protected person’s best interests.
The Clear and Convincing Evidence Standard
Michigan courts don’t grant guardianship or conservatorship lightly. Under MCL 700.5306 for guardianship and MCL 700.5406 for conservatorship, petitioners must prove incapacity by clear and convincing evidence—a higher standard than the “preponderance of the evidence” used in typical civil cases.
Courts must also consider whether less restrictive alternatives could meet the person’s needs before appointing a full guardian or conservator. This requirement reflects Michigan’s policy of preserving individual autonomy to the greatest extent possible while still protecting vulnerable adults.
Filing for Guardianship in Livingston County
If your loved one resides in or has significant connection to Livingston County, you’ll file your petition with the Livingston County Probate Court located at 204 S. Highlander Way, Suite 2, Howell, Michigan.
Required Forms and Documents
For adult guardianship proceedings, you’ll need to file:
- Petition for Appointment of Guardian of Legally Incapacitated Individual (PC 625): This SCAO form describes the alleged incapacitated person, explains why guardianship is needed, and identifies who you’re proposing as guardian.
- Acceptance of Appointment (PC 571): The proposed guardian signs this form agreeing to serve and acknowledging their duties.
- Local records-check forms: Livingston County requires background verification for proposed guardians.
- Physician’s certificate or medical documentation: Evidence supporting the claim of incapacity.
For conservatorship, you’ll file:
- Petition for Appointment of Conservator/Protective Order (PC 639)
- Acceptance of Appointment (PC 571)
- Supporting financial documentation showing the person cannot manage their assets
Filing Fees and Costs
Livingston County charges a $175 filing fee for adult guardianship petitions, payable by cash, check, money order, or credit card. Conservatorship petitions have similar base fees. Additional costs may include service of process fees, publication costs for required legal notices, and fees for the court-appointed visitor or guardian ad litem.
Families should budget several hundred dollars for court costs alone, separate from any attorney fees.
The Guardianship Hearing Process
After you file your petition, several steps occur before the court makes a final decision.
Notice Requirements
Michigan law requires proper notice to the alleged incapacitated individual and all interested persons, including close family members. This ensures everyone has an opportunity to participate in the proceedings and raise objections if they believe guardianship isn’t appropriate or if they disagree with the proposed guardian.
Court-Appointed Visitor or Guardian Ad Litem
The Livingston County Probate Court will appoint a visitor or attorney to meet personally with the senior, review their capacity, investigate the circumstances, and report findings to the judge. This independent evaluation helps the court determine whether guardianship is truly necessary and whether the proposed guardian is suitable.
The Guardian Ad Litem typically:
- Interviews the alleged incapacitated person privately
- Reviews medical records and speaks with treating physicians
- Assesses the person’s living situation
- Evaluates whether less restrictive alternatives might work
- Files a written report with recommendations
The Hearing
At the hearing, the judge reviews all evidence, including the petition, medical documentation, visitor’s report, and any testimony from family members or the alleged incapacitated person themselves. The court must determine whether:
- The person truly lacks capacity to make informed decisions
- Guardianship is the least restrictive option available
- The proposed guardian is qualified and suitable
- The arrangement serves the person’s best interests
The judge may grant full guardianship, limited guardianship (restricting the guardian’s powers to specific areas), or deny the petition entirely.
Understanding Guardian Duties Under Michigan Law
If the court appoints you as guardian, MCL 700.5314 outlines your legal responsibilities. These duties are significant and ongoing.
Primary Guardian Responsibilities
As a guardian, you’re responsible for your ward’s care, custody, and control. This includes:
- Residence decisions: Determining where your ward will live, though you must consider their preferences and choose the least restrictive appropriate setting
- Medical consent: Making healthcare decisions, including consenting to or refusing treatment, accessing medical records, and working with healthcare providers
- Services and support: Arranging for personal care, homemaking assistance, therapy, and other support services
- Encouraging independence: Michigan law requires guardians to encourage the ward’s self-reliance and independence to the maximum extent possible
Annual Reporting Requirements
Guardians must file annual reports with the Livingston County Probate Court describing the ward’s current condition, living situation, and any significant changes. These reports help the court monitor whether the guardianship continues to serve the ward’s interests.
Failure to file required reports can result in court sanctions, removal as guardian, or other consequences.
Conservator Duties and Accountings
Conservators face different but equally serious obligations focused on financial stewardship.
Financial Management Responsibilities
A conservator must:
- Prepare an initial inventory: List all assets, accounts, property, and debts within 56 days of appointment
- Manage income prudently: Collect income, pay bills, and maintain records of all transactions
- Protect assets: Safeguard investments, insure property, and prevent waste or exploitation
- Seek court approval: Obtain permission before selling real estate, making large gifts, or taking other significant actions
- File periodic accountings: Submit detailed financial reports to the court showing all income received and expenditures made
Accountability and Oversight
The court maintains ongoing oversight of conservators to protect vulnerable adults from financial exploitation—even by well-meaning family members. Conservators who mismanage funds, fail to file accountings, or engage in self-dealing can face removal, surcharge (personal liability for losses), and even criminal charges.
Tips for Successful Livingston County Filings
Experience with Livingston County Probate Court reveals several practices that strengthen petitions and smooth the process.
Build a Strong Evidentiary Foundation
Petitions supported by specific, concrete facts fare better than vague allegations. Document specific incidents showing incapacity:
- Missed medications and resulting health crises
- Evidence of financial exploitation or vulnerability (unusual bank withdrawals, responses to scam calls)
- Unsafe living conditions observed firsthand
- Statements from physicians, social workers, or care providers
A recent physician’s certificate specifically addressing the person’s decision-making capacity is essential. Generic statements that someone “has dementia” aren’t sufficient—the medical evidence should explain how the condition affects the person’s ability to make informed decisions.
Follow Local Procedures Carefully
Livingston County has specific checklists and records-check requirements for guardianship and conservatorship cases. Review the court’s published guidance for adult, minor, and developmentally disabled cases before filing. Missing required forms or documentation delays your case and may require refiling.
Set Realistic Timeline Expectations
Uncontested cases with thorough documentation typically move through the Livingston County system within a few months. However, contested cases—where family members disagree about capacity or who should serve as guardian—can require multiple hearings and extend timelines significantly.
If you’re facing a family conflict alongside capacity concerns, prepare for a longer process and consider whether mediation might help resolve disputes.
Less Restrictive Alternatives to Consider First
Michigan law requires courts to consider whether less restrictive options could meet a person’s needs before appointing a guardian or conservator. In many cases, proper advance planning eliminates the need for court involvement entirely.
Durable Financial Power of Attorney
Under Michigan’s Uniform Power of Attorney Act, a durable financial power of attorney allows someone to choose an agent to manage their finances if they become incapacitated. When properly drafted and honored by financial institutions, a durable POA can handle most financial management needs without conservatorship.
A power of attorney works best when:
- The document was created while the person had capacity
- It’s properly drafted with appropriate powers
- Financial institutions accept it
- The agent is trustworthy and capable
- No one is challenging the agent’s authority or actions
Healthcare Power of Attorney and Patient Advocate Designation
Michigan’s patient advocate designation allows someone to choose who will make medical decisions if they cannot speak for themselves. This document often eliminates the need for guardianship over healthcare decisions specifically.
Revocable Living Trusts
For individuals with significant assets, a properly funded revocable living trust can provide private financial management through a successor trustee, avoiding both probate and conservatorship.
Representative Payee and VA Fiduciary
For seniors whose primary income comes from Social Security or VA benefits, representative payee or VA fiduciary arrangements can manage those specific income sources without full conservatorship.
When Court Involvement Becomes Necessary
Less restrictive alternatives won’t work in every situation. Court guardianship or conservatorship remains necessary when:
- No valid power of attorney or advance directive exists
- Existing documents are defective or outdated
- Financial institutions refuse to honor powers of attorney
- The agent under a POA is abusing their authority
- Family conflict requires court supervision
- The person needs protection from exploitation or self-neglect
Frequently Asked Questions About Guardianship in Livingston County
How do I start a guardianship for a parent in Livingston County?
File a Petition for Appointment of Guardian (PC 625) with the Livingston County Probate Court in Howell, along with required supporting documents including a physician’s certificate addressing your parent’s incapacity. Pay the $175 filing fee, ensure proper notice to all interested parties, and prepare for a hearing where you’ll present evidence supporting the need for guardianship.
What’s the difference between a guardian and a conservator in Michigan?
A guardian makes personal decisions for someone who cannot make informed choices about their own care—including medical treatment, living arrangements, and daily activities. A conservator manages money and property for someone who cannot handle their financial affairs safely. Some individuals need both, while others may only need one type of protection.
Can powers of attorney help my family avoid guardianship?
Often yes. A properly drafted durable financial power of attorney can handle most financial management needs, while a patient advocate designation covers healthcare decisions. However, court guardianship or conservatorship becomes necessary when no valid documents exist, existing documents are rejected by third parties, the agent is abusing their authority, or family conflict requires court oversight.
How long does a Livingston County guardianship case usually take?
Uncontested cases with thorough documentation typically resolve within two to four months. Contested cases—where family members dispute capacity or disagree about who should serve as guardian—can take six months to a year or longer, especially if multiple hearings are required.
What can I do if a guardian or conservator is misusing funds or neglecting my parent?
You can petition the Livingston County Probate Court for a formal accounting, request modification of the guardianship or conservatorship terms, or seek removal of the fiduciary. The court has authority to investigate allegations of abuse, require detailed financial accountings, surcharge fiduciaries for mismanaged funds, and appoint replacement guardians or conservators when necessary.
Do I need an attorney for a guardianship case in Livingston County?
While Michigan law doesn’t require attorney representation, guardianship proceedings involve complex legal standards, strict procedural requirements, and significant consequences for everyone involved. An experienced elder law attorney can help you navigate the process efficiently, avoid costly mistakes, and protect your loved one’s interests.
What happens after guardianship is established?
The guardian assumes responsibility for the ward’s care decisions and must file annual reports with the court documenting the ward’s condition and living situation. If a conservator is also appointed, they must file an initial inventory and periodic accountings. Both fiduciaries remain under ongoing court supervision and can be removed for failing to fulfill their duties.
Protect Your Loved One With Experienced Guidance
Seeking guardianship for an aging parent is one of the most difficult decisions Michigan families face. The legal process can feel overwhelming, especially when you’re already worried about your loved one’s safety and wellbeing.
At Boroja, Bernier & Associates, we help families throughout Livingston County, Macomb County, Oakland County, Wayne County, and Southeast Michigan navigate the guardianship and conservatorship process with clarity and compassion. Our elder law attorneys understand both the legal requirements and the emotional challenges involved in protecting vulnerable seniors.
Whether you need to pursue court-supervised guardianship, explore less restrictive alternatives like powers of attorney, or address concerns about an existing fiduciary’s conduct, we’re here to help you understand your options and take appropriate action.
To schedule a consultation with the Michigan elder law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we bring experienced guidance to families facing difficult decisions about protecting loved ones who can no longer protect themselves.
