A parent with advancing dementia. An adult child with a disability turning eighteen. A relative whose finances have slipped into chaos — or into someone else's hands. When an adult can no longer manage decisions or money, Michigan probate courts can appoint someone to do it for them. We help families through that process, and just as often, we help them avoid it.
The Legacy Law Firm represents clients in guardianship and conservatorship matters throughout the State of Michigan, from its office in Southfield. That work runs the full life of a case: preparing and filing petitions in the probate court, presenting evidence at hearings, guiding appointed guardians and conservators through their annual reports and accountings, and litigating contested cases — including disputes over who should serve, petitions to remove a fiduciary who is failing the person they were appointed to protect, and defense for adults facing a guardianship or conservatorship they believe is unnecessary.
Because the firm concentrates in probate and trust litigation as well as elder law, it is equally at home in the two very different postures these cases take: the cooperative family filing because a parent genuinely needs protection, and the divided family in which the guardianship itself is the fight.
Michigan's Estates and Protected Individuals Code (EPIC) splits the job of protecting an adult into two distinct offices, and the distinction matters more than most families expect:
The two appointments are made separately, on separate findings. Many families need only one of them. The same person can hold both roles, or a family member can serve as guardian while a more finance-minded relative — or a professional — serves as conservator. Getting this division right at the outset prevents a great deal of friction later.
A guardianship takes civil rights away from an adult. Michigan law treats that seriously: under MCL 700.5306, a court may appoint a guardian only on clear and convincing evidence, may grant only those powers actually necessitated by the individual's demonstrated limitations, and must prefer a limited guardianship where the person can still handle some decisions themselves. In other words, the courts themselves are instructed to reach for the least restrictive tool that works — and so are we.
In practice, the less restrictive alternatives are usually documents signed in advance, while the person still has capacity:
When a family calls about "getting guardianship over Mom," the honest first question is whether any of these paths is still open. If it is, it is nearly always faster, cheaper, more private, and more dignified. Our comparison guide, guardianship vs. power of attorney in Michigan, walks through that decision in plain English.
When a court proceeding is genuinely needed, it follows a defined sequence in the probate court of the county where the individual lives:
Our Michigan probate courts directory lists the court for each county, with addresses and contact information.
Appointment is the beginning of the job, not the end. A guardian must report to the court on the ward's condition at least annually under MCL 700.5314, and a conservator must file accountings of every dollar in and out, generally each year, under MCL 700.5418 and the court rules. Miss the filings, commingle funds, or fail to document spending, and a fiduciary can find themselves removed — or personally liable.
We prepare guardians and conservators for that oversight from day one: setting up recordkeeping that makes the annual accounting routine rather than a scramble, and handling the filings so the appointment stays in good standing.
Not every petition is filed in good faith, and not every fiduciary serves well. The contested side of this practice includes:
Yes. The Legacy Law Firm handles guardianship and conservatorship matters throughout the State of Michigan from its office in Southfield. The firm prepares and pursues petitions, represents family members in contested proceedings, helps appointed guardians and conservators meet their annual reporting and accounting duties, and defends adults facing a guardianship or conservatorship they believe is unnecessary. The first conversation is a free 20-minute screening call at (248) 629-0161.
A guardian makes personal and medical decisions for a legally incapacitated individual — where they live, what care they receive, who provides it. A conservator manages a protected individual's money and property — paying bills, safeguarding accounts, handling real estate. Michigan probate courts appoint each role separately under the Estates and Protected Individuals Code. The same person can serve in both roles, or the roles can be divided between different people.
Often, yes. If an adult signs a durable power of attorney and a patient advocate designation while they still have legal capacity, the people they chose already hold the authority a guardian or conservator would otherwise be given, and a court proceeding is usually unnecessary. Michigan law itself points courts toward the least restrictive workable option. Once capacity is lost, those documents can no longer be signed, and a probate court petition may be the only remaining path.
An interested person — including the individual under guardianship or a family member — may petition the probate court to remove or replace a guardian or conservator, to modify the arrangement, or to end it when it is no longer needed. Courts act on evidence such as mismanagement of funds, missed reports or accountings, self-dealing, neglect of the ward, or a change in the individual's condition. These petitions are contested probate litigation, and the firm handles them as part of its litigation practice.
Whether you are considering a petition, resisting one, or trying to figure out if a simpler document can still solve the problem, begin with a free 20-minute screening call at (248) 629-0161. You will leave the call knowing whether a court proceeding is actually necessary and, either way, what the next step is.
This page is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Statutes and procedures change, and outcomes depend on individual facts. For advice on your specific situation, schedule a consultation.