Detailed Answer

Under Michigan law, you must petition the probate court for guardianship (personal care) or conservatorship (financial affairs) when a relative cannot manage daily or financial matters. Michigan’s statute is the Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq.

Steps to Seek Guardianship or Conservatorship in Michigan

1. Assess Capacity and Need
   Determine whether your relative cannot meet essential health, safety, or financial obligations due to a mental or physical condition.
2. Choose the Petitioner
   A close family member, friend, or public fiduciary may file the petition. Michigan courts prefer a person familiar with the incapacitated individual’s needs.
3. Prepare and File the Petition
   Complete Probate Court Form PC 613 and file in the probate court of the county where the person lives. Include identifying information, relationship, and facts showing incapacity.
4. Serve Notice
   Provide written notice at least 14 days before the hearing to the proposed ward, spouse, adult children, parents, and any court-appointed guardian or conservator. See MCL 700.5310 (Guardianship Notice).
5. Obtain a Medical Evaluation
   Attach a physician’s affidavit stating the individual’s limitations. The report must be dated within 30 days of filing. For conservatorship, see MCL 700.5319 (Conservatorship Medical Affidavit).
6. Attend the Court Hearing
   The probate judge will review evidence, consider less restrictive alternatives (MCL 700.5303), and may appoint counsel or a guardian ad litem for the proposed ward.
7. Receive Court Order and Letters
   If the court finds incapacity, it issues Letters of Guardianship or Letters of Conservatorship. The appointed guardian or conservator must act in the ward’s best interest and file annual reports.

Disclaimer

This content is for educational purposes and does not constitute legal advice. Consult a licensed attorney to address your specific situation.

Helpful Hints

• Consult an attorney early to explore alternatives such as durable power of attorney.
• Gather all medical and financial records before filing.
• Notify all interested family members to avoid contested hearings.
• Prepare a detailed inventory of assets for conservatorship.
• File annual accountings with the probate court to maintain compliance.