Guardianship vs. Conservatorship in Michigan: What’s the Difference?

Life can change quickly, and sometimes loved ones need help with day-to-day choices or money matters.

At Bassett Murray Law Group, PLLC, we have served Michigan families for over 30 years and are invested in Improving Lives.

Our work focuses on proactive planning, ensuring that health, housing, and finances stay on track, even when unexpected challenges arise.

In this article, we explain, in plain language, how guardianship and conservatorship differ in Michigan and when each option may come into play.

Guardianship in Michigan: An Overview

A guardian is appointed by the probate court to look after the personal well-being of someone the law calls a “legally incapacitated individual,” often shortened to ward.

That person might be an adult with dementia, a teen whose parents have died, or a child whose parents ask the court for a limited guardianship while they get back on their feet. The guardian’s authority centers on the ward’s day-to-day life, health, and safety.

Typical duties include choosing where the ward will live, giving consent for medical treatment, making sure food, clothing, and social connections are in place, and enrolling a child in school. Michigan allows two basic types of guardianship.

A full guardian makes nearly all personal decisions. A limited guardian, often used for minors, may act only on matters specified in the court order, leaving other decisions to the parents or the ward.

Conservatorship in Michigan: An Overview

While guardianship focuses on personal care, a conservatorship deals with dollars and property. A conservator is appointed by the probate court under the Estates and Protected Individuals Code to handle bank accounts, pay bills, manage investments, and keep property safe for a protected individual.

Conservatorships are common when an adult loses the ability to balance a checkbook, when a child receives a large injury settlement, or when a minor inherits a cottage.

The conservator must account for every penny, file inventories, and often post a bond under MCL 700.5410, which acts like insurance for the estate.

Annual reports go to the court and interested family members. If the protected person regains the ability to manage their own finances, the conservatorship can be terminated, and control returns to that individual.

Key Differences Between Guardianship and Conservatorship

Although the two roles may overlap, their focus is different. Guardians look after people, conservators look after property. Sometimes one person fills both roles, but the court can name separate individuals to create checks and balances.

Feature	Guardianship	Conservatorship
Main purpose	Personal care, medical, and housing choices	Financial management, asset protection
Michigan statute	MCL 700.5301 et seq.	MCL 700.5401 et seq.
Common duties	Approve medical treatment, arrange schooling, and choose residence	Pay bills, invest funds, file taxes, and protect real estate
Bond required?	Rarely	Often required by MCL 700.5410
Clear-and-convincing standard	Ward cannot make personal decisions	Assets will be wasted without protection

 

Michigan courts rely on MCL 700.5401(3) when deciding whether to appoint a conservator and on companion sections for guardians. The same evidence can support both appointments, but the judge must issue separate findings for each role.

When Are Guardianships and Conservatorships Needed?

The following situations often lead families to consider court involvement:

• An adult suffers a stroke and can no longer understand medication directions or pay monthly bills.
• A minor’s parents die in an accident, leaving the child without a legal caretaker or someone to manage life insurance proceeds.
• A child with disabilities turns 18 and needs ongoing help signing medical consent forms and protecting government benefits.
• A scammer exploits a senior, and quick action is necessary to freeze accounts and recover funds.
• A teenager receives a large settlement from a car crash; someone must invest those funds prudently until adulthood.

In each example, the probate court can tailor orders to the person’s actual limitations, sometimes granting limited powers so independence is not lost.

The Process of Appointing a Guardian or Conservator in Michigan

A formal proceeding starts with a petition filed in probate court. The court then schedules a hearing and notifies “interested persons,” a group defined by court rule, including close relatives and anyone named in a durable power of attorney.

Notice must comply with MCR 5.125(C)(23) for guardianship and MCR 5.125(C)(25) for conservatorship.

Before the hearing, the judge may appoint a guardian ad litem under MCL 700.5406(2) to interview the individual and make recommendations.

Clear and convincing evidence is required to prove incapacity. If the court agrees, letters of guardianship or conservatorship are issued, and the fiduciary’s powers begin.

Key steps unfold in a predictable order:

1. File a petition and proposed orders.
2. Serve statutory notice on the required parties.
3. Attend hearing, present medical statements or financial records.
4. Secure a bond for conservatorship if assets exceed statutory limits.
5. File inventory within 56 days and annual reports thereafter.

This formal structure protects the individual and gives family members a clear channel for review or objections.

Alternatives to Guardianship and Conservatorship

Because court proceedings can be time-consuming and public, we urge families to consider less restrictive tools whenever possible. Options include:

• Durable powers of attorney for finances and health care, effective even if capacity is later lost.
• Revocable living trusts that name a reliable successor trustee to manage property.
• Advanced directives and patient advocate designations for medical decisions.
• Joint bank accounts with trusted relatives for limited bill paying.
• Supported decision-making agreements that keep the individual involved while giving helpers a legal role.

Early planning lets you pick helpers, avoid court oversight, and maintain privacy.

Community resources, such as the Commission on Aging or the Department of Health and Human Services, can provide information on local support programs that may help fill gaps without the need for formal guardianship.

Need Assistance with Guardianship or Conservatorship? We’re Here to Help.

Choosing between guardianship, conservatorship, or a less restrictive option can feel heavy, but you do not have to sort it out alone.

At Bassett Murray Law Group, PLLC, we are invested in improving lives and stand ready to discuss your family’s situation in clear, everyday language.

Call us at 734-930-9200 or visit our website to set up a chat. Together, we can build a plan that protects the people you love and the assets they count on.