Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.5303 (2026)

Court appointment of guardian of incapacitated person; petition; alternatives to appointment of full guardian; hearing.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5303 Court appointment of guardian of incapacitated person; petition; alternatives to appointment of full guardian; hearing.

Sec. 5303.

    (1) An individual in the individual's own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity and appointment of a guardian or designation of a standby guardian. The petition must contain specific facts about the individual's condition and specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment.

    (2) Before a petition is filed under this section, the court shall provide the person intending to file the petition with written information that sets forth alternatives to appointment of a full guardian, including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, and an explanation of each alternative.

    (3) On the filing of a petition under subsection (1), the court shall set a date for hearing on the issue of incapacity. Unless the allegedly incapacitated individual has legal counsel of the individual's own choice, the court shall appoint a guardian ad litem to represent the individual in the proceeding.

    

    

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 468, Eff. June 1, 2001 ;-- Am. 2013, Act 157, Eff. Feb. 3, 2014 ;-- Am. 2017, Act 155, Eff. Feb. 6, 2018 ;-- Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024

PopularName Notes:

EPIC
Notes of Decisions
Cited in 11 cases (6 in the last 5 years), 2016–2026 · leading case: Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017).
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Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017). “"The court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the…”
In Re Guardianship of Mary Ann Malloy (Mich. 2024). · cites it 5× “See MCL 700.5303; MCL 700.5306. 4 An “incapacitated 4 A court may also appoint a guardian for a “minor,” defined as “an individual who is less than 18 years of age.”
In Re Guardianship of Dana Jenkins (Mich. 2024). · cites it 5× “See MCL 700.5303; MCL 700.5306. 4 An “incapacitated 4 A court may also appoint a guardian for a “minor,” defined as “an individual who is less than 18 years of age.”
In Re Guardianship of Hih (Mich. Ct. App. 2026). · cites it 4× “” MCL 700.5311 provides for the notice of such a petition: (1) In a proceeding for the appointment or removal of an incapacitated individual’s guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, or to designate a standby guardian…”
in Re Conservatorship of Mary Janet Faulkner Huston (Mich. Ct. App. 2016). · cites it 3× “5406(2) dictates the continuing involvement of a GAL relative to a subsequent petition to modify an existing conservatorship, which statutory provision, again, 1 With respect to a petition for a finding of incapacity and appointment of a guardian, MCL 700.5303(3) provides that…”
People of Michigan v. Shawn Kristi Dicken (Mich. Ct. App. 2016). “MCL 700.5303. The only remarks by the prosecutor that defendant directly challenges as improper are the following comments made during opening statement: 7 Because defendant did not object to the prosecutor’s statements regarding the power of attorney, or to the relative’s…”
People of Michigan v. Viktor Shaholli (Mich. Ct. App. 2016). “See MCL 700.5303(1). However, defendant concedes that there is no authority from which it can be concluded that the guardianship provisions of the EPIC were intended to be, or should otherwise be construed as, applicable to criminal proceedings.”
in Re the Guardianship of Dorothy Redd (Mich. Ct. App. 2017). ““The court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the…”
In Re a T Dunston Minor (Mich. Ct. App. 2023). “” If the court finds by clear and convincing evidence that an individual is incapacitated and that a guardian is necessary as a means of providing care and supervision, the court may appoint a guardian.”
In Re Guardianship of Va (Mich. Ct. App. 2025). “MCL 700.5303(1). Following contested petitions, the parties in this matter stipulated to VA’s incapacity and to the appointment of Botsford as guardian, thereby stipulating to Botsford’s willingness and suitability to the satisfaction of MCL 700.”
In Re Guardianship of Il (Mich. Ct. App. 2026). “MCL 700.5303(1). A probate court “may appoint a guardian if [it] finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and…”
— Mich. Comp. Laws § 700.5303(1) — 9 cases
Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017). “"The court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the…”
In Re Guardianship of Hih (Mich. Ct. App. 2026). “” MCL 700.5311 provides for the notice of such a petition: (1) In a proceeding for the appointment or removal of an incapacitated individual’s guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, or to designate a standby guardian…”
People of Michigan v. Viktor Shaholli (Mich. Ct. App. 2016). “See MCL 700.5303(1). However, defendant concedes that there is no authority from which it can be concluded that the guardianship provisions of the EPIC were intended to be, or should otherwise be construed as, applicable to criminal proceedings.”
in Re the Guardianship of Dorothy Redd (Mich. Ct. App. 2017). ““The court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the…”
In Re a T Dunston Minor (Mich. Ct. App. 2023). “” If the court finds by clear and convincing evidence that an individual is incapacitated and that a guardian is necessary as a means of providing care and supervision, the court may appoint a guardian.”
— Mich. Comp. Laws § 700.5303(2) — 2 cases
In Re Guardianship of Mary Ann Malloy (Mich. 2024). “See MCL 700.5303; MCL 700.5306. 4 An “incapacitated 4 A court may also appoint a guardian for a “minor,” defined as “an individual who is less than 18 years of age.”
In Re Guardianship of Dana Jenkins (Mich. 2024). “See MCL 700.5303; MCL 700.5306. 4 An “incapacitated 4 A court may also appoint a guardian for a “minor,” defined as “an individual who is less than 18 years of age.”
— Mich. Comp. Laws § 700.5303(3) — 4 cases
in Re Conservatorship of Mary Janet Faulkner Huston (Mich. Ct. App. 2016). “5406(2) dictates the continuing involvement of a GAL relative to a subsequent petition to modify an existing conservatorship, which statutory provision, again, 1 With respect to a petition for a finding of incapacity and appointment of a guardian, MCL 700.5303(3) provides that…”
In Re Guardianship of Mary Ann Malloy (Mich. 2024). “See MCL 700.5303; MCL 700.5306. 4 An “incapacitated 4 A court may also appoint a guardian for a “minor,” defined as “an individual who is less than 18 years of age.”
In Re Guardianship of Dana Jenkins (Mich. 2024). “See MCL 700.5303; MCL 700.5306. 4 An “incapacitated 4 A court may also appoint a guardian for a “minor,” defined as “an individual who is less than 18 years of age.”
In Re Guardianship of Hih (Mich. Ct. App. 2026). “” MCL 700.5311 provides for the notice of such a petition: (1) In a proceeding for the appointment or removal of an incapacitated individual’s guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, or to designate a standby guardian…”
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