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

Mich. Comp. Laws § 700.5402 (2026)

Protective proceedings; jurisdiction.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5402 Protective proceedings; jurisdiction.

Sec. 5402.

    After the service of notice in a proceeding seeking a conservator's appointment or other protective order and until the proceeding's termination, the court in which the petition is filed has the following jurisdiction:

    (a) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceeding is terminated.

    (b) Exclusive jurisdiction to determine how the protected individual's estate that is subject to the laws of this state is managed, expended, or distributed to or for the use of the protected individual or any of the protected individual's dependents or other claimants.

    (c) Concurrent jurisdiction to determine the validity of a claim against the protected individual or the protected individual's estate, and questions of title concerning estate property.

History: 1998, Act 386, Eff. Apr. 1, 2000

PopularName Notes:

EPIC
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2005–2022 · leading case: Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018).
Sort: Relevance Newest Treatment
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). · cites it 4× “5402 : After the service of notice in a proceeding seeking a conservator's appointment or other protective order and until the proceeding's termination, the court in which the petition is filed has the following jurisdiction: (a) Exclusive jurisdiction to determine the need for…”
Kawecki Ex Rel. Marlowe v. Cnty. of MacOmb, 367 F. Supp. 2d 1137 (E.D. Mich. 2005). · cites it 2× “1308 (1), as well as the statutory grant of exclusive probate court jurisdiction to control how the estate of a protected individual such as Plaintiff “is managed, expended, or distributed to or for the use of the protected individual,” Mich.”
in Re Joseph Vansach Jr (Mich. Ct. App. 2018). · cites it 4× “Mall, Probate Court Orders and Medicaid Community Spouse Allowances: The Elder Law Practitioner’s Perspective (Oct 2015). However, the practical Medicaid implications of entering a support order under EPIC in favor of a community spouse do not divest a probate court of…”
in Re Joseph Vansach Jr (Mich. Ct. App. 2018). · cites it 4× “Mall, Probate Court Orders and Medicaid Community Spouse Allowances: The Elder Law Practitioner’s Perspective (Oct 2015). However, the practical Medicaid implications of entering a support order under EPIC in favor of a community spouse do not divest a probate court of…”
In Re Guardianship of Ronald William Layton (Mich. Ct. App. 2022). · cites it 4× “5401(1); MCL 700.5402(a) (stating that, once a petition for the appointment of a conservator or for a protective order has been filed, the probate court has jurisdiction to determine the need for a conservator or other protective order until the proceeding is terminated).”
— Mich. Comp. Laws § 700.5402(a) — 4 cases
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “5402 : After the service of notice in a proceeding seeking a conservator's appointment or other protective order and until the proceeding's termination, the court in which the petition is filed has the following jurisdiction: (a) Exclusive jurisdiction to determine the need for…”
in Re Joseph Vansach Jr (Mich. Ct. App. 2018). “Mall, Probate Court Orders and Medicaid Community Spouse Allowances: The Elder Law Practitioner’s Perspective (Oct 2015). However, the practical Medicaid implications of entering a support order under EPIC in favor of a community spouse do not divest a probate court of…”
in Re Joseph Vansach Jr (Mich. Ct. App. 2018). “Mall, Probate Court Orders and Medicaid Community Spouse Allowances: The Elder Law Practitioner’s Perspective (Oct 2015). However, the practical Medicaid implications of entering a support order under EPIC in favor of a community spouse do not divest a probate court of…”
In Re Guardianship of Ronald William Layton (Mich. Ct. App. 2022). “5401(1); MCL 700.5402(a) (stating that, once a petition for the appointment of a conservator or for a protective order has been filed, the probate court has jurisdiction to determine the need for a conservator or other protective order until the proceeding is terminated).”
— Mich. Comp. Laws § 700.5402(b) — 4 cases
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “5402 : After the service of notice in a proceeding seeking a conservator's appointment or other protective order and until the proceeding's termination, the court in which the petition is filed has the following jurisdiction: (a) Exclusive jurisdiction to determine the need for…”
In Re Guardianship of Ronald William Layton (Mich. Ct. App. 2022). “5401(1); MCL 700.5402(a) (stating that, once a petition for the appointment of a conservator or for a protective order has been filed, the probate court has jurisdiction to determine the need for a conservator or other protective order until the proceeding is terminated).”
in Re Joseph Vansach Jr (Mich. Ct. App. 2018). “Mall, Probate Court Orders and Medicaid Community Spouse Allowances: The Elder Law Practitioner’s Perspective (Oct 2015). However, the practical Medicaid implications of entering a support order under EPIC in favor of a community spouse do not divest a probate court of…”
in Re Joseph Vansach Jr (Mich. Ct. App. 2018). “Mall, Probate Court Orders and Medicaid Community Spouse Allowances: The Elder Law Practitioner’s Perspective (Oct 2015). However, the practical Medicaid implications of entering a support order under EPIC in favor of a community spouse do not divest a probate court of…”
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