ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.5306 Court appointment of guardian of incapacitated person; findings; appointment of limited guardian; effect of patient advocate designation; supervised access.
Sec. 5306.
(1) 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 incapacitated individual, with each finding supported separately on the record. Alternately, the court may dismiss the proceeding or enter another appropriate order.
(2) The court shall grant a guardian only those powers and only for that period of time as is necessary to provide for the demonstrated need of the incapacitated individual. The court shall design the guardianship to encourage the development of maximum self-reliance and independence in the individual. If the court is aware that an individual has executed a patient advocate designation under section 5506, the court shall not grant a guardian any of the same powers that are held by the patient advocate. A court order establishing a guardianship shall specify any limitations on the guardian's powers and any time limits on the guardianship.
(3) If the court finds by clear and convincing evidence that an individual is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself, the court may appoint a limited guardian to provide guardianship services to the individual, but the court shall not appoint a full guardian.
(4) If the court finds by clear and convincing evidence that the individual is incapacitated and is totally without capacity to care for himself or herself, the court shall specify that finding of fact in an order and may appoint a full guardian.
(5) If an individual executed a patient advocate designation under section 5506 before the time the court determines that he or she became a legally incapacitated individual, a guardian does not have and shall not exercise the power or duty of making medical or mental health treatment decisions that the patient advocate is designated to make. If, however, a petition for guardianship or for modification under section 5310 alleges and the court finds that the patient advocate designation was not executed in compliance with section 5506, that the patient advocate is not complying with the terms of the designation or with the applicable provisions of sections 5506 to 5515, or that the patient advocate is not acting consistent with the ward's best interests, the court may modify the guardianship's terms to grant those powers to the guardian.
(6) If the court finds by clear and convincing evidence that the individual is incapacitated, that the person that has the care and custody of the incapacitated individual denied another person access to the incapacitated individual, and that the incapacitated individual desires contact with the other person or that contact with the other person is in the incapacitated individual's best interest, the court may appoint a limited guardian to supervise access with the other person.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 312, Eff. Jan. 1, 2001 ;-- Am. 2004, Act 532, Imd. Eff. Jan. 3, 2005 ;-- Am. 2019, Act 170, Eff. Mar. 19, 2020
PopularName Notes:
EPIC
Notes of Decisions
Cited in
32
cases (
19 in the last 5 years), 2011–2026 · leading case:
Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017).
Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017).
· cites it 2× “" MCL 700.5306(1). EPIC sets forth a prioritized list of persons who could be appointed as guardian, including a person whom the ward "chooses to serve as guardian," MCL 700.”
Brown v. Rudy, 922 N.W.2d 915 (Mich. Ct. App. 2018).
· cites it 2× “To the extent that respondent is challenging whether Gurnoe was properly performing or was breaching her duties as petitioner's limited guardian by seeking a PPO against respondent, respondent has failed to set forth any legal authority establishing his right to raise that…”
In re Carroll, 807 N.W.2d 70 (Mich. Ct. App. 2011).
· cites it 3× “To appoint a guardian, a court must find that a person is incapacitated and “that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual.”
In Re Guardianship of Mary Ann Malloy (Mich. 2024).
· cites it 10× “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 10× “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 Cy (Mich. Ct. App. 2025).
· cites it 7× “” MCL 700.5306(1). By all accounts, CY qualified as an “incapacitated individual” under EPIC because of her dementia and chronic health issues, which were substantiated by medical records during the trial- court proceedings.”
In Re Guardianship of Nmr (Mich. Ct. App. 2026).
· cites it 6× “[MCL 700.5306(1).] With regard to conservatorship appointments: (3) The court may appoint a conservator or make another protective order in relation to an individual’s estate and affairs if the court determines both of the following: (a) The individual is unable to manage…”
In Re Guardianship of Tyler J Newland (Mich. Ct. App. 2022).
· cites it 5× “” MCL 700.5306(1). An “incapacitated individual” is someone “impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient…”
In Re Guardianship of Hih (Mich. Ct. App. 2026).
· cites it 4× “MCL 700.5306(1) provides in relevant part that: 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…”
in Re the Guardianship of Mark Kadans (Mich. Ct. App. 2020).
· cites it 3× “adans unable to manage his property and business affairs effectively?” Regarding the guardianship, the jury answered “yes” to the questions: (1) did Mark continue to be an incapacitated person?; (2) did a guardian continue to be necessary as a means of providing continuing care…”
in Re Guardianship of Rodrick Gordon (Mich. Ct. App. 2021).
· cites it 3× “In particular, a ward has the right “[t]o require that proof of incapacity and the need for a guardian be proven by clear and convincing evidence, as provided in [MCL 700.5306].” Consequently, when deciding a petition to terminate an adult guardianship, the trial court must find…”
In Re Guardianship of Gm (Mich. Ct. App. 2025).
· cites it 3× “1105(a), leaving the first element for a guardianship under MCL 700.5306 unmet. Further, turning to the conservatorship, the DHHS did not offer clear and convincing evidence that GM suffered from “mental illness, mental deficiency, physical illness or disability, chronic use of…”
— Mich. Comp. Laws § 700.5306(1) — 29 cases
Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017).
“" MCL 700.5306(1). EPIC sets forth a prioritized list of persons who could be appointed as guardian, including a person whom the ward "chooses to serve as guardian," MCL 700.”
In re Carroll, 807 N.W.2d 70 (Mich. Ct. App. 2011).
“To appoint a guardian, a court must find that a person is incapacitated and “that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual.”
in Re the Guardianship of Mark Kadans (Mich. Ct. App. 2020).
“adans unable to manage his property and business affairs effectively?” Regarding the guardianship, the jury answered “yes” to the questions: (1) did Mark continue to be an incapacitated person?; (2) did a guardian continue to be necessary as a means of providing continuing care…”
In Re Guardianship of Mary Ann Malloy (Mich. 2024).
“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).
“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 § 700.5306(2) — 9 cases
In Re Guardianship of Cy (Mich. Ct. App. 2025).
“” MCL 700.5306(1). By all accounts, CY qualified as an “incapacitated individual” under EPIC because of her dementia and chronic health issues, which were substantiated by medical records during the trial- court proceedings.”
In Re Guardianship of Nmr (Mich. Ct. App. 2026).
“[MCL 700.5306(1).] With regard to conservatorship appointments: (3) The court may appoint a conservator or make another protective order in relation to an individual’s estate and affairs if the court determines both of the following: (a) The individual is unable to manage…”
In Re Guardianship of Tyler J Newland (Mich. Ct. App. 2022).
“” MCL 700.5306(1). An “incapacitated individual” is someone “impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient…”
In Re Guardianship of Hih (Mich. Ct. App. 2026).
“MCL 700.5306(1) provides in relevant part that: 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…”
— Mich. Comp. Laws § 700.5306(3) — 3 cases
Brown v. Rudy, 922 N.W.2d 915 (Mich. Ct. App. 2018).
“To the extent that respondent is challenging whether Gurnoe was properly performing or was breaching her duties as petitioner's limited guardian by seeking a PPO against respondent, respondent has failed to set forth any legal authority establishing his right to raise that…”
In Re Guardianship of Mary Ann Malloy (Mich. 2024).
“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).
“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 § 700.5306(4) — 3 cases
In Re Guardianship of Mary Ann Malloy (Mich. 2024).
“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).
“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 § 700.5306(5) — 3 cases
In Re Guardianship of Cy (Mich. Ct. App. 2025).
“” MCL 700.5306(1). By all accounts, CY qualified as an “incapacitated individual” under EPIC because of her dementia and chronic health issues, which were substantiated by medical records during the trial- court proceedings.”
In Re Guardianship of Tyler J Newland (Mich. Ct. App. 2022).
“” MCL 700.5306(1). An “incapacitated individual” is someone “impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient…”
In Re Guardianship of Hih (Mich. Ct. App. 2026).
“MCL 700.5306(1) provides in relevant part that: 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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.