Guardianship vs Conservatorship Michigan: Which One Does Your Parent Need

Michigan splits court-appointed authority into two separate roles: a guardian handles personal, housing, and medical decisions; a conservator handles finances, property, and business affairs. Many families need both — but they're separate petitions, separate court orders, and separate ongoing reporting obligations.

Here's how they differ, what each one costs, and when you need one, the other, or both.

Guardianship: Personal and Medical Decisions

A guardian is appointed when a parent can no longer make or communicate decisions about their own care. The guardian's authority covers:

• Consenting to or refusing medical treatment
• Choosing healthcare providers and care settings
• Deciding where the parent lives (at home, assisted living, nursing facility)
• Managing personal care, diet, and daily activities
• Accessing medical records

Forms: The petition is filed on SCAO Form PC 625 (Petition for Appointment of Guardian of Incapacitated Individual). After appointment, the guardian files an Annual Report on Condition (Form PC 634) within 8 weeks of each anniversary, detailing the parent's physical health, mental status, and living arrangement.

Court oversight: The court may appoint a full (plenary) guardian with unlimited decision-making authority, or a limited guardian whose powers are restricted to specific areas designated by the judge. Michigan courts are required to consider the least restrictive alternative that still protects the parent.

Conservatorship: Financial and Property Decisions

A conservator is appointed when a parent can no longer manage their own finances, assets, or property. The conservator's authority covers:

• Managing bank accounts, investments, and income
• Paying bills and managing debts
• Filing tax returns
• Buying, selling, or managing real estate
• Applying for government benefits (Medicaid, VA, Social Security)

Forms: The petition is filed on SCAO Form PC 639 (Petition for Appointment of Conservator and/or Protective Order). After appointment, the conservator must file an Inventory (Form PC 674) listing all assets within 56 days, then file annual accounts (Form PC 583 or PC 584) documenting every dollar of income and expenditure. The annual accounting filing fee is $20.

Bonding: The court often requires the conservator to obtain a surety bond to protect the parent's assets. The bond amount is typically set based on the value of the estate's liquid assets.

Key Differences at a Glance

When You Need Both

Most families caring for an aging parent with advanced dementia or a severe cognitive impairment need both guardianship and conservatorship. The parent can't make medical decisions (guardianship) and can't manage their bank accounts (conservatorship).

Filing both petitions simultaneously costs $350 in filing fees ($175 each). The court can hear both petitions at the same hearing and appoint the same person as both guardian and conservator.

When You Only Need One

Guardianship alone makes sense when the parent's finances are already managed — perhaps through a valid Durable Financial Power of Attorney, a representative payee for Social Security, or a trust — but no healthcare decision-maker is in place.

Conservatorship alone applies when the parent can still make personal care decisions but can no longer manage money. A parent with early-stage dementia who understands their medical needs but can't track bills and investments might need only a conservator.

Conservatorship vs. Power of Attorney

If your parent still has capacity, a Durable Financial Power of Attorney accomplishes the same thing as conservatorship — without the court filing, the bond, the GAL investigation, or the ongoing annual accountings. The POA is voluntary, private, and costs nothing beyond a notary fee.

Conservatorship is the involuntary alternative. It exists for situations where:

• The parent has already lost capacity and never signed a POA
• The existing POA is invalid or doesn't include necessary authority
• A bank or institution refuses to honor the POA (though MCL 556.220 now addresses this)
• There's evidence that the existing POA agent is mismanaging funds

The Michigan Power of Attorney & Guardianship Kit covers both paths — voluntary POA execution and court-supervised conservatorship — with filing checklists, inventory worksheets, and annual accounting templates for each.

The Cost Difference Is Stark

If your parent has capacity, every day without a signed POA is a day closer to needing the expensive, time-consuming, public alternative.

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