Michigan Compiled Laws

Mich. Comp. Laws § 700.5425 (2026)

Distributive duties and powers of conservator.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.5425 Distributive duties and powers of conservator.

Sec. 5425.

A conservator may expend or distribute estate income or principal without court authorization or confirmation for the support, education, care, or benefit of the protected individual or the protected individual's dependents in accordance with the following principles:

(a) The conservator shall consider a recommendation relating to the appropriate standard of support, education, and benefit for the protected individual or a dependent made by a parent or guardian, if any. The conservator shall not be surcharged for money paid to a person or organization furnishing support, education, or care to the protected individual or a dependent in compliance with the recommendation of the protected individual's parent or guardian unless the conservator knows that the parent or guardian derives personal financial benefit from that payment, including a benefit by relief from a personal duty of support, or that the recommendation is clearly not in the protected individual's best interests.

(b) The conservator shall expend or distribute money reasonably necessary for the support, education, care, or benefit of the protected individual or a dependent with due regard to all of the following:

(i) The estate size, the conservatorship's probable duration, and the likelihood that the protected individual, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate.

(ii) The accustomed standard of living of the protected individual and the dependents.

(iii) Other money or sources used for the protected individual's support.

(c) The conservator may expend estate money for the support of an individual legally dependent on the protected individual and others who are members of the protected individual's household who are unable to support themselves and who are in need of support.

(d) The conservator may pay money to be expended under this section to any person, including the protected individual, to reimburse for an expenditure that the conservator might have made or in advance for a service to be rendered to the protected individual, if it is reasonable to expect the service will be performed and an advance payment is customary or reasonably necessary under the circumstances.

(e) In discharging a responsibility conferred by court order or this part, a conservator shall implement the principles described in section 5407(1) to the extent possible.

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

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Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2015–2026 · leading case: in Re Conservatorship of Brandon M Owens (Mich. Ct. App. 2015).

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in Re Conservatorship of Brandon M Owens (Mich. Ct. App. 2015). · cites it 9× “5425 provides that a conservator may expend money reasonably necessary for the support, education, care, or benefit of the protected individual and all of the expenses listed were for those purposes. MCL 700.5425 provides, in relevant part: A conservator may expend or distribute…”

In Re Conservatorship of Dlw (Mich. Ct. App. 2025). · cites it 5× “” Most importantly, MCL 700.5425 provides in relevant part as follows: A conservator may expend or distribute estate income or principal without court authorization or confirmation for the support, education, care, or benefit of the protected individual or the protected…”

in Re Guardianship of Elaine Jaye (Mich. Ct. App. 2019). · cites it 3× “” MCL 700.5425(b). The conservator must keep suitable records of the estate administration and exhibit those records on the request of an interested person.”

In Re Conservatorship of Il (Mich. Ct. App. 2026). · cites it 2× “]” MCL 700.5425(b). Under MCL 700.5414, a probate court “may remove a conservator for good cause, upon notice and hearing[.”

— Mich. Comp. Laws § 700.5425(a) — 1 case

in Re Conservatorship of Brandon M Owens (Mich. Ct. App. 2015). “5425 provides that a conservator may expend money reasonably necessary for the support, education, care, or benefit of the protected individual and all of the expenses listed were for those purposes. MCL 700.5425 provides, in relevant part: A conservator may expend or distribute…”

— Mich. Comp. Laws § 700.5425(b) — 4 cases

in Re Guardianship of Elaine Jaye (Mich. Ct. App. 2019). “” MCL 700.5425(b). The conservator must keep suitable records of the estate administration and exhibit those records on the request of an interested person.”

In Re Conservatorship of Dlw (Mich. Ct. App. 2025). “” Most importantly, MCL 700.5425 provides in relevant part as follows: A conservator may expend or distribute estate income or principal without court authorization or confirmation for the support, education, care, or benefit of the protected individual or the protected…”

In Re Conservatorship of Il (Mich. Ct. App. 2026). “]” MCL 700.5425(b). Under MCL 700.5414, a probate court “may remove a conservator for good cause, upon notice and hearing[.”

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