When an aging parent or loved one can no longer make safe decisions, families often end up in probate court asking a judge to appoint a guardian or conservator. In July 2026, Michigan changed the rules for what guardians and conservators can do. The new law adds important protections for vulnerable adults, but it also adds court steps, time and cost for families.



At National Legal Solutions Center, we help families plan ahead so they may never need a guardianship at all. Here's what changed and how a power of attorney can keep important decisions in your family's hands.

What Changed Under Michigan's New Law?

On July 21, 2026, Governor Whitmer signed Senate Bills 585 and 586, now Public Acts 68 and 69 of 2026. Both took immediate effect and amend Michigan's Estates and Protected Individuals Code (EPIC).

Guardians Now Need Court Approval to Move a Loved One

Before the new law, a guardian could often change where a protected person lived, including moving them into a nursing home or assisted living facility, without first going back to court. Now a guardian must file a petition explaining:

• Where the person currently lives and where they would move
• Why the move is needed
• Whether the new home is the least restrictive setting that fits the person's needs
• What services or home modifications were considered to keep them where they are
• How the move affects their ties to family and community
• What the protected person thinks about the move

The court must appoint a guardian ad litem and hold a hearing within 28 days. A judge may approve the move only if there is clear and convincing evidence that it protects the person's health or safety, is the least restrictive option, and is not mainly for the guardian's convenience.

Emergency Moves

In a true emergency, such as a hospitalization or temporary rehabilitation stay, a guardian may move the person first. The guardian must then notify the court within 14 days.

Personal Belongings

Guardians must also make reasonable efforts to identify and honor the person's wishes about sentimental items such as photographs, heirlooms and keepsakes.

New Rules for Conservators Selling a Home

Under the new law, a conservator who wants to sell or mortgage a protected person's real estate must provide the court with a professional appraisal completed within the past six months. If the property sells for less than the appraised value, the court must explain why on the record.

Why These Changes Matter for Families

These reforms were designed to prevent abuse and to protect the dignity of people under guardianship. That's a good thing. But for families, the changes also mean:

• More petitions, hearings and court involvement
• Potential delays when a loved one needs to move for care
• Added legal costs paid from the protected person's estate
• Less flexibility for the family member serving as guardian

You can learn more about how these roles differ in our article on guardianship vs. conservatorship and our guide on how to petition for a guardianship or conservatorship in Macomb County.

How a Power of Attorney Can Help You Avoid Guardianship

In most cases, guardianship is needed only when a person loses capacity without having signed the right planning documents. With proper planning, you choose who will make decisions for you, and your family may be able to avoid the court process entirely.

Durable Power of Attorney for Finances

Michigan's Uniform Power of Attorney Act took effect July 1, 2024. A financial power of attorney signed in front of a notary or two qualified witnesses is now durable by default, meaning it stays in effect if you become incapacitated. Your agent can pay bills, manage bank accounts, handle real estate and deal with insurance and retirement accounts on your behalf.

Patient Advocate Designation for Health Care

In Michigan, health care decisions are handled through a patient advocate designation. This document names someone to make medical and personal care decisions, including decisions about where you live and receive care, if you can no longer participate in those decisions. It must be properly witnessed, and your patient advocate must sign an acceptance.

Other Helpful Planning Tools

• A revocable living trust lets a successor trustee manage trust assets without a conservatorship.
• A written statement of your wishes can guide family members about living arrangements, care preferences and personal belongings.
• Naming backup agents helps if your first choice can't serve.

Learn more about our powers of attorney services and elder law planning.

Don't Wait Until It's Too Late

A power of attorney or patient advocate designation can only be signed while you still have the mental capacity to understand it. Once capacity is lost, the family's main option is often a guardianship or conservatorship petition. If you have an aging parent, or if you haven't updated your own documents in years, now is the time to act. Read more about when to create a power of attorney in Michigan.

Frequently Asked Questions

Does the new law affect existing guardianships?
Yes. The new rules took immediate effect, so current guardians must follow the new court-approval process before changing a protected person's permanent home.

Is my old Michigan power of attorney still valid?
Generally, yes. Power of attorney documents signed before July 1, 2024 remain valid, but their effect may have changed under the new act. It's a good idea to have an attorney review older documents and confirm your banks will accept them.

Can a power of attorney stop a guardianship petition?
Having valid powers of attorney and a patient advocate designation often makes a guardianship unnecessary. Michigan courts generally consider whether less restrictive alternatives, like these documents, already meet the person's needs.

Talk to a Michigan Estate Planning Attorney

At National Legal Solutions Center, attorneys John J. Donahue, Sarah Dollison and Michael Nahas help families in St. Clair Shores, Macomb County and beyond create powers of attorney, patient advocate designations and estate plans that keep decisions in the family's hands. With more than 36 years of experience, we offer free consultations in-home, in-office or virtually.

Call 855-667-0988 or contact us online to get started. Learn more about our guardianship and conservatorship services.

Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every situation is different, so please consult a qualified attorney about your specific circumstances.