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

Mich. Comp. Laws § 700.5401 (2026)

Protective proceedings.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5401 Protective proceedings.

Sec. 5401.

    (1) Upon petition and after notice and hearing in accordance with this part, the court may appoint a conservator or make another protective order for cause as provided in this section.

    (2) The court may appoint a conservator or make another protective order in relation to a minor's estate and affairs if the court determines that the minor owns money or property that requires management or protection that cannot otherwise be provided, has or may have business affairs that may be jeopardized or prevented by minority, or needs money for support and education and that protection is necessary or desirable to obtain or provide money.

    (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 property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance.

    (b) The individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual's support, care, and welfare or for those entitled to the individual's support, and that protection is necessary to obtain or provide money.

    (4) The court may appoint a conservator in relation to the estate and affairs of an individual who is mentally competent, but due to age or physical infirmity is unable to manage his or her property and affairs effectively and who, recognizing this disability, requests a conservator's appointment.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 466, Eff. June 1, 2001

PopularName Notes:

EPIC
Notes of Decisions
Cited in 36 cases (17 in the last 5 years), 2007–2026 · leading case: Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018).
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Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). · cites it 14× “As a prerequisite to appointing a conservator or entering other protective orders, the probate court must make a finding of "cause" as provided in MCL 700.5401. In relevant part, this provision states: (1) Upon petition and after notice and hearing in accordance with this part,…”
in Re Conservatorship of Rhea Brody, 909 N.W.2d 849 (Mich. Ct. App. 2017). · cites it 8× “Deutchman, *336 filed the petition for conservatorship, which was opposed by Robert and Jay Brody, the son of Robert and Rhea. We affirm. I. APPOINTMENT OF A CONSERVATOR Robert argues on appeal that the probate court abused its discretion by appointing a conservator to manage…”
In re Conservatorship of Townsend, 809 N.W.2d 424 (Mich. Ct. App. 2011). · cites it 19× “At issue in this case is whether a conservator may be appointed for a reason not listed in MCL 700.5401, specifically whether a conservator may be appointed for a “vulnerable adult” and, if so, whether the evidence supported the probate court’s finding that Townsend is a…”
In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015). · cites it 12× “] Furthermore, in fashioning a conservatorship order, [t]he court shall exercise the authority conferred in [Part 4 of Article V of EPIC, MCL 700.5401 through MCL 700.5433] to encourage the development of maximum self-reliance and independence of a protected individual and shall…”
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010). · cites it 4× “2d 262 ("The statute does not provide parents the authority to compromise their children's claims; it merely permits a debtor of a minor to make payments directly to the minor's parents without seeking judicial approval for each payment as long as the aggregate amount of the…”
Woodman v. KERA, LLC, 760 N.W.2d 641 (Mich. Ct. App. 2008). · cites it 2× “5851, tolling accrual of actions in order to preserve a child's rights to initiate certain causes of action, following removal of the disability of an individual's status as a minor.”
In re Guardianship of Santrucek, 896 N.E.2d 683 (Ohio 2008). “See Mich.Comp.Laws Ann. 700.5401. In this respect, a conservator is similar to a guardian of an estate in Ohio.”
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2024). · cites it 63× “After recounting the relevant facts and the statutes authorizing the probate court’s actions, the court stated in relevant part as follows: Pursuant to MCL 700.5401, this Court has considered the interest of the protected individual and his needs and obligations to contribute to…”
In Re Est. of Sizick (Mich. 2026). · cites it 38× “Sizick; (2) if so, whether an exception to the mootness doctrine is applicable here; and (3) if the appeal is not moot or if a mootness exception applies, whether In re Estate of Schroeder, 335 Mich App 107 (2020), wrongly held that a probate court, in evaluating a petition for…”
In re Carroll, 807 N.W.2d 70 (Mich. Ct. App. 2011). · cites it 3× “A probate court may appoint a conservator if the court determines that the “individual is unable to manage property and business affairs effectively,” in relevant part because of “mental illness, mental deficiency, physical illness or disability,” MCL 700.5401(3)(a), and that…”
Peterson v. Auto-Owners Ins., 733 N.W.2d 413 (Mich. Ct. App. 2007). “See MCL 700.5401 et seq. “A civil action is commenced *415 by filing a complaint with a court.”
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2022). · cites it 17× “To the extent the probate court is authorized to enter a protective order, under MCL 700.5401, MCL 700.5408 provides: (1) If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual’s property and business affairs, the…”
Show all 36 citing cases →
— Mich. Comp. Laws § 700.5401(1) — 3 cases
In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015). “] Furthermore, in fashioning a conservatorship order, [t]he court shall exercise the authority conferred in [Part 4 of Article V of EPIC, MCL 700.5401 through MCL 700.5433] to encourage the development of maximum self-reliance and independence of a protected individual and shall…”
In Re Guardianship of Ronald William Layton (Mich. Ct. App. 2022).
In Re Richard Lee Conrad (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 700.5401(2) — 1 case
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010). “2d 262 ("The statute does not provide parents the authority to compromise their children's claims; it merely permits a debtor of a minor to make payments directly to the minor's parents without seeking judicial approval for each payment as long as the aggregate amount of the…”
— Mich. Comp. Laws § 700.5401(3) — 24 cases
In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015). “] Furthermore, in fashioning a conservatorship order, [t]he court shall exercise the authority conferred in [Part 4 of Article V of EPIC, MCL 700.5401 through MCL 700.5433] to encourage the development of maximum self-reliance and independence of a protected individual and shall…”
in Re Conservatorship of Rhea Brody, 909 N.W.2d 849 (Mich. Ct. App. 2017). “Deutchman, *336 filed the petition for conservatorship, which was opposed by Robert and Jay Brody, the son of Robert and Rhea. We affirm. I. APPOINTMENT OF A CONSERVATOR Robert argues on appeal that the probate court abused its discretion by appointing a conservator to manage…”
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “As a prerequisite to appointing a conservator or entering other protective orders, the probate court must make a finding of "cause" as provided in MCL 700.5401. In relevant part, this provision states: (1) Upon petition and after notice and hearing in accordance with this part,…”
In re Conservatorship of Townsend, 809 N.W.2d 424 (Mich. Ct. App. 2011). “At issue in this case is whether a conservator may be appointed for a reason not listed in MCL 700.5401, specifically whether a conservator may be appointed for a “vulnerable adult” and, if so, whether the evidence supported the probate court’s finding that Townsend is a…”
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2024). “After recounting the relevant facts and the statutes authorizing the probate court’s actions, the court stated in relevant part as follows: Pursuant to MCL 700.5401, this Court has considered the interest of the protected individual and his needs and obligations to contribute to…”
— Mich. Comp. Laws § 700.5401(3)(A) — 3 cases
In Re Richard Lee Conrad (Mich. Ct. App. 2022).
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2022). “To the extent the probate court is authorized to enter a protective order, under MCL 700.5401, MCL 700.5408 provides: (1) If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual’s property and business affairs, the…”
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2024). “After recounting the relevant facts and the statutes authorizing the probate court’s actions, the court stated in relevant part as follows: Pursuant to MCL 700.5401, this Court has considered the interest of the protected individual and his needs and obligations to contribute to…”
— Mich. Comp. Laws § 700.5401(3)(B) — 3 cases
In Re Richard Lee Conrad (Mich. Ct. App. 2022).
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2022). “To the extent the probate court is authorized to enter a protective order, under MCL 700.5401, MCL 700.5408 provides: (1) If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual’s property and business affairs, the…”
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2024). “After recounting the relevant facts and the statutes authorizing the probate court’s actions, the court stated in relevant part as follows: Pursuant to MCL 700.5401, this Court has considered the interest of the protected individual and his needs and obligations to contribute to…”
— Mich. Comp. Laws § 700.5401(3)(a) — 20 cases
In re Conservatorship of Townsend, 809 N.W.2d 424 (Mich. Ct. App. 2011). “At issue in this case is whether a conservator may be appointed for a reason not listed in MCL 700.5401, specifically whether a conservator may be appointed for a “vulnerable adult” and, if so, whether the evidence supported the probate court’s finding that Townsend is a…”
In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015). “] Furthermore, in fashioning a conservatorship order, [t]he court shall exercise the authority conferred in [Part 4 of Article V of EPIC, MCL 700.5401 through MCL 700.5433] to encourage the development of maximum self-reliance and independence of a protected individual and shall…”
in Re Conservatorship of Rhea Brody, 909 N.W.2d 849 (Mich. Ct. App. 2017). “Deutchman, *336 filed the petition for conservatorship, which was opposed by Robert and Jay Brody, the son of Robert and Rhea. We affirm. I. APPOINTMENT OF A CONSERVATOR Robert argues on appeal that the probate court abused its discretion by appointing a conservator to manage…”
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “As a prerequisite to appointing a conservator or entering other protective orders, the probate court must make a finding of "cause" as provided in MCL 700.5401. In relevant part, this provision states: (1) Upon petition and after notice and hearing in accordance with this part,…”
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2024). “After recounting the relevant facts and the statutes authorizing the probate court’s actions, the court stated in relevant part as follows: Pursuant to MCL 700.5401, this Court has considered the interest of the protected individual and his needs and obligations to contribute to…”
— Mich. Comp. Laws § 700.5401(3)(b) — 14 cases
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “As a prerequisite to appointing a conservator or entering other protective orders, the probate court must make a finding of "cause" as provided in MCL 700.5401. In relevant part, this provision states: (1) Upon petition and after notice and hearing in accordance with this part,…”
in Re Conservatorship of Rhea Brody, 909 N.W.2d 849 (Mich. Ct. App. 2017). “Deutchman, *336 filed the petition for conservatorship, which was opposed by Robert and Jay Brody, the son of Robert and Rhea. We affirm. I. APPOINTMENT OF A CONSERVATOR Robert argues on appeal that the probate court abused its discretion by appointing a conservator to manage…”
In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015). “] Furthermore, in fashioning a conservatorship order, [t]he court shall exercise the authority conferred in [Part 4 of Article V of EPIC, MCL 700.5401 through MCL 700.5433] to encourage the development of maximum self-reliance and independence of a protected individual and shall…”
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2024). “After recounting the relevant facts and the statutes authorizing the probate court’s actions, the court stated in relevant part as follows: Pursuant to MCL 700.5401, this Court has considered the interest of the protected individual and his needs and obligations to contribute to…”
In Re Est. of Sizick (Mich. 2026). “Sizick; (2) if so, whether an exception to the mootness doctrine is applicable here; and (3) if the appeal is not moot or if a mootness exception applies, whether In re Estate of Schroeder, 335 Mich App 107 (2020), wrongly held that a probate court, in evaluating a petition for…”
— Mich. Comp. Laws § 700.5401(4) — 1 case
In re Carroll, 807 N.W.2d 70 (Mich. Ct. App. 2011). “A probate court may appoint a conservator if the court determines that the “individual is unable to manage property and business affairs effectively,” in relevant part because of “mental illness, mental deficiency, physical illness or disability,” MCL 700.5401(3)(a), and that…”
— Mich. Comp. Laws § 700.5401(a) — 1 case
In Re Est. of Jerome E Sizick (Mich. Ct. App. 2022). “To the extent the probate court is authorized to enter a protective order, under MCL 700.5401, MCL 700.5408 provides: (1) If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual’s property and business affairs, the…”
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