When an adult is no longer able to manage personal decisions or finances due to illness, injury, or disability, families are often faced with difficult legal choices. In Michigan, two court-appointed roles are commonly used to provide protection: guardianship and conservatorship. While they are related, they serve very different purposes.
Understanding the difference can help families in Plymouth, Ann Arbor, and surrounding Southeast Michigan communities choose the least restrictive and most appropriate option.
What Is Adult Guardianship in Michigan?
A guardian is appointed by the probate court to make personal and medical decisions for an adult who is legally considered incapacitated.
A guardian may have authority to:
Make medical and healthcare decisions
Decide where the individual lives
Ensure daily care, safety, and supervision
Access medical records
Apply for public benefits such as Medicaid or Social Security
Guardianship focuses on the person, not their money.
Michigan courts favor limited guardianships whenever possible, meaning the guardian only receives specific powers and the individual retains all other rights.
What Is Adult Conservatorship in Michigan?
A conservator is appointed to manage an adult’s financial affairs and property.
A conservator may be responsible for:
Paying bills and managing income
Handling bank accounts and investments
Managing real estate
Protecting assets from misuse or exploitation
Filing required financial reports with the court
Conservatorship focuses on money and property, not personal care.
In many cases, both a guardian and a conservator are appointed—sometimes the same person fills both roles, but only if the court approves.
When Is Court Involvement Necessary?
Michigan probate courts require clear evidence that:
The individual lacks capacity to manage decisions or finances, and
Less restrictive alternatives (such as powers of attorney or patient advocate designations) are insufficient
Courts carefully review medical documentation and family circumstances before appointing a guardian or conservator.
Emergency Situations
In urgent cases involving immediate risk, the court may appoint an emergency guardian or conservator. These appointments are:
Temporary
Narrowly limited in scope
Closely supervised by the court
They are designed to address immediate safety or financial concerns pending a full hearing that is scheduled in the future.
Why Legal Guidance Matters
Guardianship and conservatorship significantly affect a person’s rights and autonomy. Improper filings, incomplete medical evidence, or overly broad requests can delay protection or result in denial.
Working with an attorney familiar with Michigan’s probate courts helps ensure:
Proper documentation
Compliance with Michigan law
Respect for the individual’s remaining rights
A smoother court process
Serving Southeast Michigan
Aldrich Legal Services, PLLC assists families throughout Southeast Michigan with adult guardianship and conservatorship matters. Our goal is to help families protect loved ones while using the least restrictive legal tools available. If you are concerned about an adult family member’s ability to manage personal decisions or finances, contact our office by calling (734) 404-3000 or visiting our website at Aldrich Legal Services.com to discuss your options under Michigan law.
Created by Brad Aldrich