Michigan Guardianship & Conservatorship: When Someone You Love Can No Longer Decide for Themselves

Dad has dementia and there’s no power of attorney. Mom had a stroke and can’t manage her finances. The bank won’t talk to you. The doctors need authorization you don’t have. When incapacity strikes without planning in place, guardianship and conservatorship may be the only path forward — and the court will decide who’s in charge.

Service Area Badge: Serving Macomb, Oakland & Wayne Counties | Southeast, Central & Mid-Michigan

Nobody wants to be here.

Guardianship and conservatorship exist for situations that proper planning would have prevented. If your parent had signed a durable power of attorney while they still had capacity, you wouldn’t need the court’s permission to manage their finances. If they’d executed a patient advocate designation, you wouldn’t need a judge to authorize medical decisions.

But here you are. And “should have planned” doesn’t solve today’s problem.

Guardianship gives someone legal authority to make personal decisions for an incapacitated adult — medical treatment, living arrangements, daily care. Conservatorship gives someone legal authority to make financial decisions — managing money, paying bills, handling assets, filing taxes. Sometimes families need one. Sometimes they need both. Sometimes they need neither but don’t realize alternatives exist.

Michigan’s Estates and Protected Individuals Code (EPIC) governs both processes. They require probate court petitions, medical evaluations, hearings, and ongoing court supervision. They cost money — typically $5,000 to $10,000 in legal fees, plus court costs and guardian ad litem fees. They take time — often two to four months from petition to appointment. And they strip autonomy from the protected person in ways that proper planning documents never would.

At Boroja, Bernier & Associates, we handle guardianship and conservatorship matters throughout Southeast Michigan, Central Michigan, and Mid-Michigan — from our headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing. We guide families through the court process when it’s necessary. We also tell families when it’s not — when less restrictive alternatives can accomplish their goals without court involvement. Because the best guardianship case is often the one you don’t have to file.Quotable Expert Statement: “Guardianship and conservatorship are the legal system’s backup plan for incapacity — what happens when no other planning exists. They work. Courts appoint guardians and conservators every day, and families get the authority they need. But it’s authority granted by a judge, subject to ongoing court oversight, at significant cost. A power of attorney package costing $1,000 to $1,500 signed five years ago would have accomplished the same thing without any of that. The time to avoid guardianship is before incapacity. Once capacity is gone, you’re in the court’s hands.”

Guardianship vs. Conservatorship: Understanding the Difference

These terms get confused constantly — even by professionals who should know better. Understanding the distinction matters because you may need one, the other, or both.

Guardianship: Authority Over the Person

A guardian makes personal decisions for an incapacitated adult. Under MCL 700.5314, this includes:

• Medical treatment decisions and healthcare choices
• Where the person lives (home, assisted living, nursing home)
• Day-to-day care and personal needs
• Social activities and relationships
• End-of-life decisions in some circumstances

The guardian essentially steps into the incapacitated person’s shoes for non-financial matters. When doctors need consent for a procedure, they ask the guardian. When a nursing home needs authorization for a care plan, they contact the guardian. The protected person — legally called a “ward” — loses the right to make these decisions independently.

Conservatorship: Authority Over Finances

A conservator manages financial affairs for an incapacitated adult. Under MCL 700.5423, this includes:

• Managing bank accounts and investments
• Paying bills and handling expenses
• Filing tax returns
• Managing real estate (with court approval for sales)
• Handling income sources like Social Security or pensions
• Making financial decisions in the protected person’s best interest

The conservator controls the money. They have authority to access accounts, write checks, manage investments, and handle all financial matters — but with court oversight and annual accounting requirements.

When You Need One, the Other, or Both:

If your parent can’t make medical decisions and has minimal assets (roughly $10,000 or less), guardianship alone may suffice. Under Michigan law, a guardian can handle limited financial matters when no conservator is appointed and assets are minimal — paying for care, managing small accounts, handling day-to-day expenses.

If your parent has significant assets — more than roughly $10,000 — and needs someone to manage finances, conservatorship is required. The guardian’s limited financial authority doesn’t extend to managing substantial assets, investments, real estate, or complex financial affairs.

If your parent is mentally capable of personal decisions but physically or cognitively unable to manage complex finances, conservatorship alone may be appropriate — though this situation is relatively uncommon.

Most commonly, families facing significant incapacity with meaningful assets need both. Dementia, severe stroke, traumatic brain injury — these conditions typically affect both personal and financial decision-making capacity. When there’s a house, retirement accounts, or savings beyond minimal amounts, you’re looking at guardianship AND conservatorship.

The Michigan Guardianship and Conservatorship Process

Court proceedings aren’t optional here. Unlike powers of attorney — which are private documents between individuals — guardianship and conservatorship require judicial involvement from start to finish.

Step 1: Filing the Petition

The process begins with a petition filed in the probate court of the county where the incapacitated person resides. For Macomb County, that’s the Macomb County Probate Court. For Oakland County, the Oakland County Probate Court. Each Michigan county has its own probate court with jurisdiction over these matters.

The petition must include detailed information: the alleged incapacitated person’s condition, the reasons guardianship or conservatorship is needed, the proposed guardian/conservator’s qualifications, and information about the person’s assets (for conservatorship).

Step 2: Notice to Interested Parties

Michigan law requires notice to the allegedly incapacitated person and other interested parties — typically close family members. This ensures everyone with a stake knows about the proceeding and can participate or object.

Step 3: Medical Evaluation

The court requires professional evaluation of the person’s capacity. A physician’s statement documenting the nature and extent of incapacity is essential. For contested cases or complex situations, the court may appoint an independent medical examiner.

Step 4: Guardian Ad Litem

In most cases, the court appoints a guardian ad litem (GAL) — an attorney who independently investigates and represents the alleged incapacitated person’s interests. The GAL meets with the person, reviews the petition, and reports to the court with recommendations. GAL fees are paid from the protected person’s assets or by the petitioner.

Step 5: The Hearing

A probate court judge conducts a hearing to determine whether the person is legally incapacitated and whether the proposed guardian/conservator is suitable. The allegedly incapacitated person has the right to attend, be represented by counsel, and contest the proceeding.

If the court finds incapacity and approves the appointment, it issues Letters of Guardianship, Letters of Conservatorship, or both — the official documents proving legal authority.

Step 6: Ongoing Court Supervision

This doesn’t end at appointment. Guardians must file annual reports detailing the ward’s condition, living situation, and care. Conservators must file detailed annual accountings of all financial transactions. The court reviews these filings and can remove a guardian or conservator who fails to fulfill their duties.

Timeline and Costs:

Expect two to four months from petition to appointment for uncontested cases. Contested cases — where family members disagree about incapacity or who should be appointed — take longer, sometimes six months or more.

Legal fees typically run $5,000 to $10,000 depending on complexity. Add court filing fees (several hundred dollars), guardian ad litem fees ($500–$2,000+), and costs for medical evaluations. For contested cases, costs escalate significantly.

Beyond initial appointment costs, conservatorship involves ongoing annual expenses. Court-required accountings, legal oversight, bond premiums, and fiduciary management typically cost $10,000–$15,000 per year ($5,000–$10,000 as a conservative baseline for simpler estates). Over a multi-year conservatorship, these costs compound — a five-year conservatorship can easily exceed $50,000–$75,000 in total costs between initial appointment and ongoing management. This is why a durable power of attorney — costing $1,000 to $1,500 — is such a critical planning document.

Limited vs. Full Guardianship and Conservatorship

Michigan law prefers the least restrictive intervention necessary. Not every incapacitated person needs a guardian or conservator with unlimited authority.

Limited Guardianship:

Under MCL 700.5306, courts can grant guardianship limited to specific areas where the person lacks capacity while preserving autonomy in areas where they remain capable. Someone might need a guardian to make major medical decisions but retain the right to choose their own daily activities, social relationships, or living arrangements (within reason).

Limited guardianship recognizes that incapacity isn’t always all-or-nothing. A person with early-stage dementia might handle routine decisions but struggle with complex medical choices. A person with intellectual disability might manage daily life but need help with major healthcare decisions.

Limited Conservatorship:

Similarly, conservatorship can be limited to specific financial matters. Someone might need a conservator to manage investments and real estate but remain capable of handling day-to-day spending from a checking account with modest balances.

Full Guardianship and Conservatorship:

When incapacity is comprehensive — advanced dementia, severe brain injury, profound intellectual disability — full authority may be necessary. The guardian makes all personal decisions; the conservator manages all finances. The protected person loses legal autonomy almost entirely.

Why This Distinction Matters:

Courts are required to consider limited arrangements before granting full authority. Petitions should address why the requested scope is necessary. And families should understand that seeking broader authority than needed may face judicial pushback — or create unnecessary restrictions on their loved one’s remaining independence. At Boroja, Bernier & Associates, we help families determine the appropriate scope of authority before filing. Sometimes that means pursuing limited guardianship when full guardianship isn’t truly needed. Sometimes it means explaining why comprehensive authority is necessary given the person’s condition. Getting this right upfront avoids problems later.

When Guardianship and Conservatorship Can Be Avoided

Here’s what most families don’t realize: guardianship and conservatorship are options of last resort, not first resort. Michigan law explicitly requires courts to consider less restrictive alternatives.

Existing Powers of Attorney:

If the incapacitated person signed a durable power of attorney for finances and a patient advocate designation (healthcare power of attorney) while they had capacity, those documents may provide all necessary authority without court involvement.

A durable financial power of attorney gives the agent authority to manage bank accounts, pay bills, handle investments, sell property, and conduct financial affairs — everything a conservator would do, but without court supervision or annual accountings.

A patient advocate designation gives the agent authority to make medical decisions, access health information, choose care facilities, and direct treatment — everything a guardian would do for healthcare, but without court appointment.

The catch: These documents must be signed while the person has legal capacity to execute them. Once capacity is lost, it’s too late. This is why we emphasize powers of attorney as foundational estate planning documents — they prevent exactly the situation guardianship and conservatorship address.

Representative Payee and VA Fiduciary:

For Social Security income, a representative payee can be appointed through Social Security Administration procedures — simpler than conservatorship for managing that specific income source.

For veterans’ benefits, the VA can appoint a fiduciary to manage benefit payments without full conservatorship.

Joint Accounts and Beneficiary Designations:

Sometimes families have already established mechanisms that avoid the need for court involvement. Joint bank accounts allow the co-owner to manage funds. Beneficiary designations on retirement accounts and life insurance keep those assets outside the estate entirely.

Supported Decision-Making:

For individuals with some capacity, supported decision-making arrangements allow them to retain autonomy while receiving help. This isn’t appropriate for significant incapacity but may work for individuals who need assistance rather than replacement of their decision-making.

When Court Proceedings Are Unavoidable:

No power of attorney exists and capacity is already lost. The existing power of attorney is defective or limited in scope. Family members disagree about care decisions and need court resolution. A third party (bank, hospital, government agency) refuses to accept the power of attorney and demands court appointment. The incapacitated person needs protection from exploitation or abuse that informal arrangements can’t provide.

Every one of these scenarios has the same root cause: no planning documents existed when they were needed. A $1,000–$1,500 power of attorney package — signed during a single office visit while your parent had capacity — would have prevented a $5,000–$10,000+ court proceeding that takes months and puts a judge in charge of your family’s decisions. That’s the math. That’s why we push estate planning so hard. In these situations, guardianship and/or conservatorship may be the only path forward. That’s when you need counsel who knows how to navigate probate court efficiently.

Contested Proceedings: When Family Disagrees

Not all guardianship and conservatorship cases proceed smoothly. When family members disagree — about whether someone is truly incapacitated, about who should be appointed, about what decisions should be made — proceedings become contested litigation.

Common Sources of Conflict:

Disagreement about incapacity. One sibling believes Dad can still make his own decisions; another believes he’s being exploited. The court must determine who’s right.

Competition for appointment. Multiple family members want to serve as guardian or conservator. Each believes they’re best suited — or doesn’t trust the other.

Allegations of undue influence or exploitation. Someone believes the proposed guardian/conservator has been manipulating the incapacitated person or misusing their assets.

Disagreement about care decisions. Family members who agree on the need for guardianship disagree about where Mom should live or what medical treatment she should receive.

What Contested Proceedings Look Like:

Contested cases involve more extensive hearings, potentially multiple court dates, witness testimony, dueling medical evaluations, and higher legal fees. Instead of a routine appointment, you’re in litigation — with all the time, cost, and family strain that implies.

The court ultimately decides based on what’s in the incapacitated person’s best interest and who is best qualified to serve. Family preferences matter, but the judge has final authority.

Protecting Your Position:

If you anticipate a contested proceeding — or find yourself in one — preparation matters. Documentation of the incapacitated person’s condition. Evidence of your qualifications to serve. Records of the other party’s concerning behavior if that’s the basis for your objection.Raise the standard. At Boroja, Bernier & Associates, we’ve represented families on both sides of contested guardianship matters in Michigan probate courts. We don’t just file paperwork and hope for the best. We build cases. We anticipate objections. We prepare clients for hearings. We understand that contested guardianship and conservatorship proceedings are litigation, and we approach them with the preparation and strategy litigation requires. When your family’s welfare and your loved one’s protection are at stake, “good enough” isn’t good enough.

Duties, Responsibilities, and Ongoing Obligations

Being appointed guardian or conservator isn’t the end — it’s the beginning. Michigan law imposes significant duties on those who serve, with consequences for failure to perform.

Guardian Duties:

Guardians must act in the ward’s best interest at all times. Specific duties under EPIC include:

• Maintaining regular contact with the ward
• Making decisions that respect the ward’s preferences to the extent known and reasonable
• Ensuring appropriate care, services, and living arrangements
• Keeping the court informed of significant changes (address, condition, care needs)
• Filing annual reports detailing the ward’s status, living situation, health, and care

Guardians cannot simply “set and forget.” The court expects ongoing involvement and documentation.

Conservator Duties:

Conservators are held to fiduciary standards — the highest duty of care recognized in law. They must:

• Manage assets prudently and in the protected person’s best interest
• Keep protected person’s funds separate from their own (no commingling)
• Maintain detailed records of all transactions
• File annual accountings with the court showing all income, expenses, and asset changes
• Obtain court approval for major transactions (selling real estate, large expenditures)
• Post a bond in most cases (insurance protecting the estate against conservator misconduct). Bond premiums typically cost 1–2% of the estate value annually — for a $200,000 estate, that’s $2,000–$4,000/year in bond costs alone.

Conservators who mismanage funds, fail to file accountings, or engage in self-dealing face removal, surcharge (personal liability for losses), and potential criminal prosecution.

Quotable Expert Statement: “Most families think getting appointed guardian or conservator is the hard part. It’s not — it’s the beginning. Conservators file detailed annual accountings with the court. Guardians file reports on the ward’s condition, care, and living situation. Failure to perform these duties can result in removal, personal liability, or worse. This isn’t a title. It’s a fiduciary obligation that lasts as long as the person needs protection — potentially years or decades.”

The Reality of Serving:

This is real work. Guardians make difficult decisions about care and living arrangements while managing family dynamics. Conservators effectively become financial managers with court oversight and paperwork requirements.

Some families appoint professional guardians or conservators — attorneys, licensed fiduciaries, or professional guardian organizations — who serve for compensation when no family member is willing, suitable, or available. Professional fiduciaries are particularly appropriate when:

• Family conflict makes appointing any relative contentious
• The ward’s affairs are financially complex (multiple properties, business interests, significant investment portfolios)
• No family member lives close enough to fulfill day-to-day guardian responsibilities
• The ward needs protection from family members themselves (exploitation, abuse, neglect situations)

Professional fiduciary fees add cost — typically charged hourly or as a percentage of assets under management — but in complex or contentious situations, professional management can actually reduce overall costs by preventing mismanagement, family litigation, and the errors that lead to court sanctions.

At Boroja, Bernier & Associates, we can advise families on whether professional fiduciary appointment makes sense for their situation and help identify qualified professionals in your area.

What Happens at Termination:

Guardianship ends when the ward dies, recovers capacity (rare), or the court terminates for other reasons. Conservatorship ends similarly. Upon termination, conservators must file a final accounting and distribute remaining assets according to court direction.

Michigan Guardianship & Conservatorship: Common Questions

When Guardianship or Conservatorship Becomes Necessary

The need for guardianship or conservatorship usually becomes clear through specific triggering events:

The bank won’t let you help. Your parent’s name is on the account, they can’t manage it themselves, and the bank refuses to talk to you without legal authority. You need conservatorship — or a power of attorney that should have been signed years ago.

Doctors need consent you can’t give. Mom needs surgery, can’t consent herself, and no patient advocate designation exists. You need guardianship — or the healthcare power of attorney that would have avoided this entirely.

Care decisions must be made. Dad has dementia, can’t live independently anymore, and someone needs authority to arrange assisted living or nursing home care. Without a healthcare directive, that someone needs to be a court-appointed guardian.

Someone is being exploited. You suspect a family member or outsider is taking advantage of your vulnerable parent. Conservatorship — or guardianship — may be needed to protect them and their assets.

Family conflict requires resolution. Siblings disagree about care or finances, and there’s no existing authority structure. The court can appoint a guardian or conservator and end the impasse.

At Boroja, Bernier & Associates, we help families facing these situations navigate probate court efficiently. We also tell clients when guardianship or conservatorship isn’t necessary — when alternatives exist that accomplish the same goals faster and cheaper. Because the goal isn’t court involvement for its own sake. The goal is getting your family the authority it needs to care for someone who can no longer care for themselves.

Hustle with grit. We move with urgency because incapacity situations don’t wait. Bills pile up. Medical decisions stall. Care needs intensify. When your family needs legal authority to act, we push the process forward — preparing thorough petitions, coordinating with courts, and keeping cases moving instead of languishing in procedural delays.

The Authority to Help. The Process to Get There.

When someone you love can’t make decisions for themselves and no planning exists, guardianship and conservatorship provide a path forward. It’s not the path anyone wanted — but it’s the path that works.

Boroja, Bernier & Associates guides Michigan families through probate court proceedings for guardianship and conservatorship. We know the process. We know what courts require. We know how to build cases that succeed — whether routine appointments or contested proceedings where family members disagree.

We also know when court proceedings aren’t necessary. When existing documents provide authority. When alternatives accomplish the goal without judicial involvement. We’ll tell you straight whether guardianship or conservatorship is truly needed for your situation — or whether there’s a simpler path.

Results over effort. We don’t bill for unnecessary court proceedings or drag out cases that should resolve quickly. We get families the legal authority they need so they can focus on what actually matters — caring for someone they love. That’s the result. That’s what we deliver.

Call (586) 991-7611 or schedule a consultation online. If your family is facing incapacity without planning in place, let’s figure out the best path forward — together.

Office Hours: Monday–Thursday: 9:00 AM–5:00 PM | Friday: 9:00 AM–3:00 PM | Saturday & Sunday: By Appointment

Service Area: Boroja, Bernier & Associates serves guardianship and conservatorship clients throughout Southeast Michigan (Macomb, Oakland, Wayne, Washtenaw, Livingston, Monroe, and St. Clair Counties), Central Michigan (Ingham and Eaton Counties), and Mid-Michigan (Genesee and Lapeer Counties). Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing.