Michigan Compiled Laws

Mich. Comp. Laws § 700.5212 (2026)

Court appointment of guardian of minor; qualifications; priority of minor's nominee.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.5212 Court appointment of guardian of minor; qualifications; priority of minor's nominee.

Sec. 5212.

The court may appoint as guardian a person whose appointment serves the minor's welfare, including a professional guardian described in section 5106. If the minor is 14 years of age or older, the court shall appoint a person nominated by the minor, unless the court finds the appointment contrary to the minor's welfare.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 463, Eff. June 1, 2001

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Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2016–2024 · leading case: In re Bibi Guardianship, 890 N.W.2d 387 (Mich. Ct. App. 2016).

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In re Bibi Guardianship, 890 N.W.2d 387 (Mich. Ct. App. 2016). “” MCL 700.5212. But instead of basing its guardianship decision on the appointment that would serve the wards’ welfare, the probate court relied on its erroneous application of preclusion principles, reasoning that because Bibi’s petitions were barred, it could simply grant…”

Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017). “Compare MCL 700.5212 with MCL 700.5219(1). In the *406 second circumstance, the Legislature set forth different standards for appointment and removal of a conservator.”

in Re guardianship/conservatorship of Harold William Gerstler, 922 N.W.2d 168 (Mich. Ct. App. 2018). “(b) There is no other person that is competent, suitable, and willing to serve in that fiduciary capacity in accordance *511 with [ MCL 700.5212, MCL 700.5313, or MCL 700.5409 ].”

In Re Guardianship of Bam-L (Mich. Ct. App. 2024). · cites it 8× “In the same petition, BAM-L nominated petitioner as his guardian under MCL 700.5212 (appointment of guardian nominated by minor 14 years or older).”

in Re Guardianship of Wenzlick, Minor (Mich. Ct. App. 2019). · cites it 2× “MCL 700.5212 states that “[t]he court may appoint as guardian a person whose appointment serves the minor’s welfare, including a professional guardian described in [MCL 700.”

in Re Guardianship of bibi/wallace Minors (Mich. Ct. App. 2016). “” MCL 700.5212. But instead of basing its guardianship decision on what would serve the wards’ welfare, the probate court relied on its erroneous application of preclusion principles, reasoning that, because Bibi’s petitions were barred, it could simply grant Wallace’s competing…”

in Re the Guardianship of Dorothy Redd (Mich. Ct. App. 2017). “For the appointment, the potential conservator must explain “the basis of the claim to priority for appointment,” MCL 700.”

in Re guardianship/conservatorship of Harold William Gerstler (Mich. Ct. App. 2018). “(b) There is no other person that is competent, suitable, and willing to serve in that fiduciary capacity in accordance with [MCL 700.5212, MCL 700.5313, or MCL 700.5409].”

in Re Guardianship of David P Vanpoppelen (Mich. Ct. App. 2018). “(b) There is no other person that is competent, suitable, and willing to serve in that fiduciary capacity in accordance with [MCL 700.5212, MCL 700.5313, or MCL 700.5409].”

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