ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.5310 Resignation or removal of guardian.
Sec. 5310.
(1) On petition of the guardian and subject to the filing and approval of a report prepared as required by section 5314, the court shall accept the guardian's resignation and make any other order that is appropriate.
(2) The ward, a person appointed guardian in a will or other writing by a parent or spouse under section 5301, or any other person interested in the ward's welfare may petition for an order removing the guardian, changing the designated standby guardian, appointing a successor guardian, modifying the guardianship's terms, or terminating the guardianship. A request for this order may be made by informal letter to the court or judge. If a request under this subsection is made by the person appointed by will or other writing under section 5301, the person shall also present proof of the person's appointment by will or other writing. A person who knowingly interferes with the transmission of this kind of request to the court or judge is subject to a finding of contempt of court.
(3) Except as otherwise provided in the order finding incapacity, on receiving a petition or request under this section, the court shall set a date for a hearing to be held within 28 days after the receipt of the petition or request. An order finding incapacity may specify a minimum period, not exceeding 182 days, during which a petition or request for a finding that a ward is no longer an incapacitated individual, or for an order removing the guardian, modifying the guardianship's terms, or terminating the guardianship, must not be filed without special leave of the court.
(4) Before removing a guardian, appointing a successor guardian, changing the designated standby guardian, modifying the guardianship's terms, or terminating a guardianship, and following the same procedures to safeguard the ward's rights as apply to a petition for a guardian's appointment, the court may send a visitor to the present guardian's residence and to the place where the ward resides or is detained to observe conditions and report in writing to the court.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024
PopularName Notes:
EPIC
Notes of Decisions
Cited in
12
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).
Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017).
· cites it 7× “MCL 700.5310. In this matter, Gary was removed after a petition was filed under MCL 700.”
in Re Guardianship of Rodrick Gordon (Mich. Ct. App. 2021).
· cites it 6× “Thus, the petition for termination of his guardianship should have been evaluated under MCL 700.5310. Again, MCL 700.5310(2), provides that a ward may petition the probate court for an order terminating the guardianship.”
In Re Guardianship of Nmr (Mich. Ct. App. 2026).
· cites it 4× “5306a, MCL 700.5310, and MCL 700.5314 by: (1) failing to investigate “less restrictive alternatives to institutionalization”; and (2) “recommending and preparing to implement immediate institutionalization” before conducting an individualized assessment of NMR, reviewing NMR’s…”
Angela M Robinson v. Munger & Assocs. Pllc (Mich. Ct. App. 2016).
· cites it 2× “5310(2) which sought to remove Munger as Angela’s guardian and to allow the Marzellas to care for their daughter was not equivalent to a civil action raising claims of legal malpractice and breach of fiduciary duties on behalf of Angela that were litigated to a valid, final…”
in Re Guardianship of Elaine Jaye (Mich. Ct. App. 2019).
· cites it 2× “GUARDIANSHIP We conclude that the probate court’s denial of Chris’s petition to modify guardianship was not an abuse of discretion. Article V, Part 3 of EPIC, MCL 700.”
In Re Guardianship of Ams (Mich. Ct. App. 2025).
· cites it 2× ““[T]o remove a guardian under MCL 700.5310, the probate court must find that the guardian is no longer suitable or willing to serve.”
In Re Guardianship of Va (Mich. Ct. App. 2025).
· cites it 2× “Furthermore, Botsford was listed as VA’s attorney-in-fact under a durable power of attorney and patient advocate under a durable power of attorney for health care, placing her ahead of the Rankins in priority for appointing a guardian under MCL 700.5313(2)(c) and (d). The…”
In Re Guardianship of Il (Mich. Ct. App. 2026).
· cites it 2× ““[T]o remove a guardian under MCL 700.5310, the probate court must find that the guardian is no longer suitable or willing to serve.”
in Re the Guardianship of Mark Kadans (Mich. Ct. App. 2020).
“See MCL 700.5310(4). Under EPIC, the term “ ‘[i]ncapacitated individual’ means an individual who is 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…”
In Re Guardianship of Gjb (Mich. Ct. App. 2026).
“MCL 700.5310(4); MCL 700.5431. The findings for a guardianship and conservatorship must be proven by clear and convincing evidence.”
— Mich. Comp. Laws § 700.5310(2) — 9 cases
Redd v. Carney (In re Redd), 909 N.W.2d 289 (Mich. Ct. App. 2017).
“MCL 700.5310. In this matter, Gary was removed after a petition was filed under MCL 700.”
in Re Guardianship of Rodrick Gordon (Mich. Ct. App. 2021).
“Thus, the petition for termination of his guardianship should have been evaluated under MCL 700.5310. Again, MCL 700.5310(2), provides that a ward may petition the probate court for an order terminating the guardianship.”
Angela M Robinson v. Munger & Assocs. Pllc (Mich. Ct. App. 2016).
“5310(2) which sought to remove Munger as Angela’s guardian and to allow the Marzellas to care for their daughter was not equivalent to a civil action raising claims of legal malpractice and breach of fiduciary duties on behalf of Angela that were litigated to a valid, final…”
in Re Guardianship of Elaine Jaye (Mich. Ct. App. 2019).
“GUARDIANSHIP We conclude that the probate court’s denial of Chris’s petition to modify guardianship was not an abuse of discretion. Article V, Part 3 of EPIC, MCL 700.”
— Mich. Comp. Laws § 700.5310(4) — 4 cases
in Re Guardianship of Rodrick Gordon (Mich. Ct. App. 2021).
“Thus, the petition for termination of his guardianship should have been evaluated under MCL 700.5310. Again, MCL 700.5310(2), provides that a ward may petition the probate court for an order terminating the guardianship.”
in Re the Guardianship of Mark Kadans (Mich. Ct. App. 2020).
“See MCL 700.5310(4). Under EPIC, the term “ ‘[i]ncapacitated individual’ means an individual who is 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…”
In Re Guardianship of Gjb (Mich. Ct. App. 2026).
“MCL 700.5310(4); MCL 700.5431. The findings for a guardianship and conservatorship must be proven by clear and convincing evidence.”
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