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

Mich. Comp. Laws § 700.5311 (2026)

Appointment or removal of guardian; designation or change of standby guardian; notice of hearing.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5311 Appointment or removal of guardian; designation or change of standby guardian; notice of hearing.

Sec. 5311.

    (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 or change the designated standby guardian, notice of hearing must be given to each of the following:

    (a) The ward or the individual alleged to be incapacitated and that individual's spouse, parents, and adult children.

    (b) A person who is serving as the guardian or conservator or who has the individual's care and custody.

    (c) If known, a person named as attorney in fact under a durable power of attorney.

    (d) The standby guardian or the person nominated to be designated as standby guardian.

    (e) If no other person is notified under subdivision (a), (b), (c), or (d), at least 1 of the individual's closest adult relatives, if any can be found.

    (2) Notice must be served personally on the alleged incapacitated individual. Notice to all other persons must be given as prescribed by court rule. Waiver of notice by the individual alleged to be incapacitated is not effective unless the individual attends the hearing or a waiver of notice is confirmed in an interview with the visitor.

    (3) In a proceeding for a guardian's appointment or designation of a standby guardian under sections 5303 and 5304, a copy of the petition must be attached to the hearing notice, and the notice to the alleged incapacitated individual must contain all of the following information:

    (a) The nature, purpose, and legal effects of the appointment of a guardian or designation of a standby guardian.

    (b) The alleged incapacitated individual's rights in the proceeding, including the right to appointed legal counsel.

    

    

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024

PopularName Notes:

EPIC
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2026 · leading case: In Re Guardianship of Ams (Mich. Ct. App. 2025).
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In Re Guardianship of Ams (Mich. Ct. App. 2025). · cites it 5× “” MCL 700.5311 mandates certain notice requirements for the removal of a guardian: (1) In a proceeding for the .”
In Re Hector M Hernandez Supplemental Needs Trust (Mich. Ct. App. 2024). · cites it 3× “protective order, the requirements for notice described in [MCL 700.5311] apply . . . .” MCL 700.5405(1)- (2).”
In Re Guardianship of Hih (Mich. Ct. App. 2026). · cites it 2× “” 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…”
— Mich. Comp. Laws § 700.5311(1) — 1 case
In Re Guardianship of Ams (Mich. Ct. App. 2025). “” MCL 700.5311 mandates certain notice requirements for the removal of a guardian: (1) In a proceeding for the .”
— Mich. Comp. Laws § 700.5311(1)(a) — 1 case
In Re Hector M Hernandez Supplemental Needs Trust (Mich. Ct. App. 2024). “protective order, the requirements for notice described in [MCL 700.5311] apply . . . .” MCL 700.5405(1)- (2).”
— Mich. Comp. Laws § 700.5311(2) — 2 cases
In Re Guardianship of Ams (Mich. Ct. App. 2025). “” MCL 700.5311 mandates certain notice requirements for the removal of a guardian: (1) In a proceeding for 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…”
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.