When A Court Appoints A Guardian
MCL 700.5306 — a limited guardian where the person can do some of the tasks, and a full one only where they can do none
Clear and convincing. The court may appoint a guardian if it finds by clear and convincing evidence both that the person is incapacitated and that the appointment is necessary to provide continuing care and supervision, each finding supported separately on the record.
- If the person lacks the capacity to do some, but not all, of the tasks necessary to care for themselves, the court may appoint a limited guardian and may not appoint a full guardian.
- If the person is totally without capacity to care for themselves, the court specifies that finding in its order and may appoint a full guardian.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Michigan attorney.
Sources for this section (1)
- MCL 700.5306 — Court appointment of guardian of incapacitated person; findings; appointment of limited guardian
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.