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

Mich. Comp. Laws § 700.5416 (2026)

General duty of conservator.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5416 General duty of conservator.

Sec. 5416.

    In relation to powers conferred by this part or implicit in the title acquired by virtue of the proceeding, a conservator shall act as a fiduciary and observe the standard of care applicable to a trustee.

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

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EPIC
Notes of Decisions
Cited in 9 cases (7 in the last 5 years), 2016–2026 · leading case: In Re Conservatorship of Dlw (Mich. Ct. App. 2025).
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In Re Conservatorship of Dlw (Mich. Ct. App. 2025). · cites it 2× “MCL 700.5416. “Appointment of a conservator vests in the conservator title as trustee to all of the protected individual’s property, or to the part of that property specified in the order, held at the time of or acquired after the order, including title to property held for the…”
in Re Martha Ann Grimm (Mich. Ct. App. 2016). “MCL 700.5416. As it relates to nonroutine transactions, like the sale of real estate, a conservator “must inform [the interested parties] of all material facts .”
in Re Guardianship of Elaine Jaye (Mich. Ct. App. 2019). “MCL 700.5416. MCL 700.1212(1) provides: A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary.”
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). “” MCL 700.5416. MCL 700.1212(1) defines a fiduciary relationship as follows: A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary.”
In Re Conservatorship of Barbara a Greer (Mich. Ct. App. 2023). “” MCL 700.5416. “A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary.”
In Re Conservatorship of Jh (Mich. Ct. App. 2025). “” MCL 700.5416. A conservator “stands in a position of confidence and trust with respect to .”
In Re Conservatorship of Il (Mich. Ct. App. 2026). “A fiduciary shall observe the standard of care described in section 7803 and shall discharge all of the duties and obligations of a confidential and fiduciary relationship, including the duties of undivided loyalty; impartiality between heirs, devisees, and beneficiaries; care…”
In Re Conservatorship of Il (Mich. Ct. App. 2026). “MCL 700.5416. One of the conservator’s duties is to “expend or distribute money reasonably necessary for the support, education, care, or benefit of the protected individual[.”
In Re Conservatorship of Ejs (Mich. Ct. App. 2026). “Rather, the record reflects only that Jonathan, a month before he was removed as conservator, moved $175,000 from EJS’s Roth IRA to an investment account he and ELS jointly owned; that the Roth IRA listed Jonathan as the sole beneficiary; and that no reliable information…”
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