Guardianship of a parent in Michigan: when you need it, how to file, and what comes after

The short answerGuardianship is a court process. A Michigan probate court can find that an adult is legally incapacitated and appoint a guardian to make decisions about health care and well-being. It can come up when a parent can no longer sign a power of attorney or a patient advocate designation. Simpler options are worth checking first if your parent can still use them. Nothing here promises a court result, a timeline or a cost, and every county works a little differently.

If you are reading this, you are probably worried about a parent and trying to work out what the law lets you do. This page explains how guardianship works in Michigan, using the statute, a hospital association guide and two county probate courts. Already Caring is a private company and not a government agency, and we are not a law firm. This is general information, not legal advice. Your county probate court, a Michigan lawyer or Michigan Legal Help can speak to your own situation.

When guardianship comes up

Some families reach this point after trying to sort out a parent's paperwork and finding she can no longer sign it. The Michigan Health & Hospital Association guide says a durable power of attorney cannot be created after the person is incapacitated. In that case, it says a conservatorship is the route for financial decisions.

If your parent can no longer sign a power of attorney or a patient advocate designation, a guardianship may be the next step to ask about. Our guide to power of attorney for a parent in Michigan covers both documents, and it is the lower-cost route while your parent can still sign.

Try the alternatives first

It is worth checking whether something simpler would do. A Saginaw County handout on alternatives says a guardianship may be unnecessary when there is any of these:

• a patient advocate designation
• a durable power of attorney
• no pending decisions that need legal authority
• a DNR declaration
• a representative payee for Social Security or SSI

The handout also says courts prefer a limited guardianship over a full one. The MHA guide adds one firm point: the court may not appoint a guardian to make medical or mental health treatment decisions when a patient advocate is already in place.

Before you file, the court must give you written information on alternatives to a full guardian, such as a limited guardian or a conservator. Read it, and ask the court clerk or a lawyer what it means for your parent.

Guardian and conservator

These are two different jobs. A guardian looks after health care and well-being. A conservator manages the finances and assets. One person can hold both roles. A guardian's powers depend on the court order. They can include setting where the person lives, consenting to medical and other professional care, and reporting on the person's condition.

One limit is worth knowing. The MHA guide says a guardian cannot consent to or approve inpatient hospitalization unless the court orders expressly grant that power.

Limited and full guardianship

In a limited guardianship, the person keeps every right the court does not explicitly remove. If more help is needed later, a limited guardianship can move to a full one. Because the Saginaw County handout says courts prefer the limited kind, it is worth asking the court which one fits what your parent actually needs help with.

Who can file, and who the court prefers

Under MCL 700.5303, the person in her own behalf, or any person interested in her welfare, may petition. The petition has to include specific facts about her condition and specific examples of her recent conduct that show the need for a guardian.

The MHA guide says the court must find incapacity by clear and convincing evidence. The guide describes a legally incapacitated person as someone whose ability is impaired by mental illness, mental deficiency, physical illness or disability, and who lacks enough understanding or capacity to make or communicate informed decisions.

When the court chooses who to appoint, the guide lists this order of priority:

1. someone already appointed guardian in another state, someone the person chose, or someone named in a durable power of attorney or as patient advocate
2. a spouse, an adult child, or a parent
3. a relative the person lived with for more than six months before the petition
4. a person nominated by someone caring for the person or paying benefits to them
5. otherwise, any competent person, including a professional guardian

The forms and filing, step by step

Forms and fees vary by county. The lists below come from the Grand Traverse and Saginaw County probate courts, which publish their steps online. Your county may ask for different papers or charge different fees, so check with your own probate court first.

1. Gather the papers

Grand Traverse County lists these:

• PC 625, the petition
• MC 97 and MC 97a, which protect personal identifying information
• PC 571, the acceptance of appointment, signed by the proposed guardian
• a criminal history authorization
• DHS-1929, a Central Registry clearance (Section 1 only, with a copy of photo ID)
• a petition to change permanent residence, if you plan to move the person (filed with the petition to avoid a second hearing)
• MC 505, contact information (optional)
• PC 630, a report of a physician or mental health professional (recommended)

Saginaw County says its PC 630 must be completed by the treating physician, typed on letterhead, dated and signed. It describes the condition, the prognosis and whether the person can attend the hearing. Saginaw also lists PC 626 (notice of rights), PC 642 (order appointing a guardian ad litem), PC 562 (notice of hearing), PC 631 (order) and PC 633 (Letters of Guardianship).

2. File and pay the fees

As examples, Grand Traverse County lists a $175 filing fee and $12 for certified Letters. Saginaw County lists a $175 petition fee, $12 per certified copy of the Letters, about $70 for publication when it is needed, and a $325 guardian ad litem fee paid before the hearing. Other counties' fees differ. If you cannot pay, ask the court about fee waiver form MC 20.

3. Serve notice

Saginaw County says the person must be served personally at least 7 days before the hearing, usually by the guardian ad litem. Other interested persons get personal service 7 days before, or first-class mail 14 days before. Proof of service is filed on PC 564.

4. Go to the hearing

Grand Traverse County says the hearing is usually 3 to 4 weeks after filing, and the petitioner must attend. Saginaw County says that if the petitioner does not attend, the petition is dismissed and the fee is lost. The person may attend but is not required to in Grand Traverse County.

Court staff cannot give legal advice, so a lawyer or Michigan Legal Help is the place to take your questions about the forms.

The guardian ad litem, notice and the hearing

The court sets a hearing on incapacity. Unless your parent has a lawyer of her own choice, the court appoints a guardian ad litem, often called a GAL, to represent her in the case. In Grand Traverse County, the GAL meets the person and reports to the court. Grand Traverse County says the petitioner pays the GAL and any attorney fees unless the person's estate can.

Notice goes to your parent and to other interested persons, as described above.

Emergency guardianship

Some situations cannot wait for a full hearing. For those, Michigan has a temporary emergency guardianship. According to the hospital association guide, a full guardianship hearing must be held within 28 days of appointing the temporary emergency guardian. Ask the probate court how to ask for one in your county.

After the appointment: what a guardian must do

The Letters of Guardianship set out the duties. They say the guardian must visit the person at least once every three months by law, and an annual report on the person's condition is due each year.

• Tell the court of any change in the person's residence within 14 days.
• Keep the court and interested persons informed in writing within 7 days of a change in your own address.
• Grand Traverse County says a guardian may not move the person out of Michigan without a prior court order.

Guardianship, Medicaid and Home Help

If your parent is applying for Medicaid or Home Help and you are her guardian, tell the county MDHHS office and ask what it needs to see. A certified copy of the Letters is one thing to ask about. We cannot say what each office accepts, so call before you send anything.

One Saginaw County handout says that with Medicaid enrollment, the person's nearest relative may consent to medical treatment when the person cannot decide. That is what the Saginaw County handout says, so ask your own probate court how it applies. Our guide to applying for Michigan Medicaid for a parent walks through the application steps.

Proposed changes to guardianship law

In 2023 and 2024, the Attorney General's Elder Abuse Task Force backed House Bills 4909 to 4912, which proposed changes to guardianship law. Proposals to change these rules have been before the Legislature, so ask the probate court what applies now.

Questions to take to the probate court or a lawyer

• Does my parent already have a durable power of attorney or a patient advocate designation?
• Would a limited guardianship, a conservatorship or both fit what she needs?
• What are this county's filing, guardian ad litem and publication fees, and can the fee be waived?
• Which forms does this court want, and does it need a physician's report on PC 630?
• If I plan to move her, should that petition be filed with the first one?
• What will the county MDHHS office need to see if I apply for Medicaid or Home Help as her guardian?

Questions families ask

Can I sign a power of attorney for my parent if she can no longer understand it?

No, if she is legally incapacitated. The Michigan Health & Hospital Association guide says a durable power of attorney cannot be created after the person is incapacitated. When that has happened, it says a conservatorship is the route for financial decisions. A probate court or a Michigan attorney can tell you what fits your parent's situation.

Who does the court prefer as guardian?

The Michigan Health & Hospital Association guide lists an order of priority. First come someone already appointed guardian in another state, someone the person chose, or someone named in a durable power of attorney or as patient advocate. Next come a spouse, an adult child, a parent, and a relative the person lived with for more than six months before the petition. After those, the court can consider a person nominated by someone caring for the person or paying benefits to them. Otherwise any competent person can be appointed, including a professional guardian.

How long does it take, and what does it cost?

It depends on the county. Grand Traverse County says the hearing is usually 3 to 4 weeks after filing, and lists a $175 filing fee and $12 for each certified copy of the Letters. Saginaw County lists a $175 petition fee and a $325 guardian ad litem fee paid before the hearing. Other counties differ, and a fee waiver form, MC 20, is available if you cannot pay. Ask your probate court for its current fees.

Does my parent need a guardian to move into a care facility?

The Michigan Health & Hospital Association guide says long-term care facilities cannot refuse admission of a resident for the sole reason that they do not have a guardian.

What does a guardian have to do after being appointed?

The Letters of Guardianship say the guardian must visit the person at least once every three months, and an annual report on the person's condition is due each year. The guardian must tell the court of a change in the person's residence within 14 days. Grand Traverse County says a guardian may not move the person out of Michigan without a prior court order.