Michigan Compiled Laws
Mich. Comp. Laws § 700.5308 (2026)
Termination of guardian's authority and responsibility.
✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.5308 Termination of guardian's authority and responsibility.
Sec. 5308.
The guardian's authority and responsibility for a legally incapacitated individual terminates upon the death of the guardian or ward, upon the determination of incapacity of the guardian, or upon removal or resignation as provided in section 5310. Testamentary appointment of a guardian under an unprobated will or a will informally probated under article III terminates if the will is later denied probate in a formal testacy proceeding.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005
PopularName Notes:
EPICNotes of Decisions
Cited in 2
cases (1 in the last 5 years), 2019–2026 · leading case: in Re Guardianship of John L Frescura (Mich. Ct. App. 2019).
in Re Guardianship of John L Frescura (Mich. Ct. App. 2019). “” MCL 700.5308. Because Mr. Frescura is now deceased, the guardianship at issue no longer exists.”
In Re Conservatorship of Ejs (Mich. Ct. App. 2026). “See MCL 700.5308; MCL 700.5426(4). Furthermore, by prior stipulation of the parties—which remains intact and unchallenged on appeal—the parents’ estates are to be administered upon their deaths by appointed personal representatives.”
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