Michigan Compiled Laws

Mich. Comp. Laws § 700.5419 (2026)

Conservators; title by appointment.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.5419 Conservators; title by appointment.

Sec. 5419.

(1) 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 protected individual by a custodian or attorney-in-fact. An order specifying that only a part of the protected individual's property vests in the conservator creates a limited conservatorship.

(2) Except as otherwise provided in this act, the protected individual's interest in property vested in a conservator by this section is not transferable or assignable by the protected individual. Though ineffective to affect property rights, an attempted transfer or assignment by the protected individual may generate a claim for restitution or damages that, subject to presentation and allowance, may be satisfied as provided in section 5429.

(3) Property vested in a conservator by this section and the protected individual's interest in that property is not subject to levy, garnishment, or similar process other than an order issued in the protective proceeding made as provided in section 5429.

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

PopularName Notes:

EPIC

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 2015–2025 · leading case: in Re Conservatorship of Rhea Brody, 909 N.W.2d 849 (Mich. Ct. App. 2017).

Sort: Relevance Newest Treatment

in Re Conservatorship of Rhea Brody, 909 N.W.2d 849 (Mich. Ct. App. 2017). “Under MCL 700.5419, "[a]ppointment of a conservator vests in the conservator title as trustee to all of the protected individual's property .”

In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015). · cites it 2× “] MCL 700.5419(1) allows for the creation of a limited conservatorship “specifying that only a part of the protected individual’s property vests in the conservator .”

in Re Conservatorship of Stephen Michalak (Mich. Ct. App. 2016). · cites it 5× “5407(1); MCL 700.5419(1); MCL 700.5408(1). For this reason, when considering a conservatorship: [A] probate court should approach the task from a perspective of respect for the individual's right to acquire, enjoy, and dispose of his or her property as the individual sees fit.”

in Re Martha Ann Grimm (Mich. Ct. App. 2016). · cites it 2× “MCL 700.5419(1). The protected individual’s interest in property is not transferable or assignable by the protected individual.”

In Re Conservatorship of Dlw (Mich. Ct. App. 2025). · cites it 2× “” MCL 700.5419(1). Under MCL 700.5420(1), “[l]etters of conservatorship are evidence of transfer of all of the protected individual’s property, or the part of that property specified in the letters, to the conservator,” and an “order terminating a conservatorship is evidence of…”

in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). “]” MCL 700.5419(1). A conservator must “act as a fiduciary and observe the standard of care applicable to a trustee.”

In Re Conservatorship of Mary Louise Montgomery (Mich. Ct. App. 2023). “]” MCL 700.5419(1) (emphasis added). Because Marian did not present any evidence to the probate court to rebut the coconservators’ argument that the certificate of deposit was not held by Mary at the time of their appointment, the probate court overruled her objection.”

— Mich. Comp. Laws § 700.5419(1) — 6 cases

In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015). “] MCL 700.5419(1) allows for the creation of a limited conservatorship “specifying that only a part of the protected individual’s property vests in the conservator .”

in Re Conservatorship of Stephen Michalak (Mich. Ct. App. 2016). “5407(1); MCL 700.5419(1); MCL 700.5408(1). For this reason, when considering a conservatorship: [A] probate court should approach the task from a perspective of respect for the individual's right to acquire, enjoy, and dispose of his or her property as the individual sees fit.”

In Re Conservatorship of Dlw (Mich. Ct. App. 2025). “” MCL 700.5419(1). Under MCL 700.5420(1), “[l]etters of conservatorship are evidence of transfer of all of the protected individual’s property, or the part of that property specified in the letters, to the conservator,” and an “order terminating a conservatorship is evidence of…”

in Re Martha Ann Grimm (Mich. Ct. App. 2016). “MCL 700.5419(1). The protected individual’s interest in property is not transferable or assignable by the protected individual.”

in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). “]” MCL 700.5419(1). A conservator must “act as a fiduciary and observe the standard of care applicable to a trustee.”

— Mich. Comp. Laws § 700.5419(2) — 1 case

in Re Martha Ann Grimm (Mich. Ct. App. 2016). “MCL 700.5419(1). The protected individual’s interest in property is not transferable or assignable by the protected individual.”

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.