Michigan: Do Guardians of the Person Automatically Become Guardians of the Estate? | Michigan Estate Planning | FastCounsel
MI Michigan

Michigan: Do Guardians of the Person Automatically Become Guardians of the Estate?

Answer: Separate Appointments Are Required in Michigan

Detailed Answer

Under Michigan law, being appointed guardian of the person does not automatically make you guardian of the estate. The court treats the authority to make personal-care decisions (guardian of the person) and the authority to manage a protected individual’s assets and finances (guardian of the estate, sometimes called a conservator in other states) as separate roles. The probate court must expressly appoint whoever will manage the estate or finances.

Practical consequences:

  • If the court appoints you only as guardian of the person, you can make decisions about the ward’s living arrangements, medical care, daily activities, and other personal matters but you cannot legally collect, spend, invest, or otherwise manage the ward’s money or property unless the court also appoints you guardian of the estate.
  • To handle money or property, you must ask the probate court for appointment as guardian of the estate (or for the court to appoint someone else). The court will review qualifications, may require a bond, and will issue letters or an order giving authority to act for the estate.
  • Courts can appoint the same person to both roles if appropriate and if the court finds it’s in the best interests of the protected person, but that is an explicit, separate part of the court’s order.

Where this comes from: Michigan’s provisions governing guardianships and protected individuals are found in the Estates and Protected Individuals Code (EPIC), which sets out the separate authorities, duties, and procedures for guardianship of the person versus guardianship of the estate. For the full statutory framework, see the Estates and Protected Individuals Code (Act 386 of 1998) on the Michigan Legislature website: https://www.legislature.mi.gov/documents/1999-2000/publicact/pdf/1998-PA-0386.pdf

Typical court requirements when seeking guardianship of the estate include filing a petition, providing notice to interested parties, possibly obtaining an appraisal or inventory of assets, and sometimes posting a bond. The guardian of the estate will generally need to file inventories and periodic accountings with the probate court and must follow the fiduciary duties set by the court and statute.

Common situations and how courts handle them

  • Emergency or temporary needs: The court may issue temporary or emergency orders—but even then, most courts will explicitly grant authority over cash/assets in the temporary order rather than assume it.
  • Joint appointments: The court frequently appoints one person to serve both roles for convenience and continuity, but only after making findings that justify both appointments.
  • Banks and third parties: Financial institutions typically require certified court letters or letters of authority before allowing someone to access or manage a ward’s accounts. A guardianship of the person letter usually won’t satisfy the bank for financial transactions.

Because the court’s orders define what you may and may not do, always request the precise wording you need in the order and obtain certified copies of any letters of authority before acting on behalf of the ward’s estate.

What You Should Do Next

  1. Read the court’s order carefully to see which powers were granted.
  2. If you need authority over money or property, file a petition with the probate court asking for appointment as guardian of the estate (or for a separate estate guardian to be appointed).
  3. Prepare to provide an inventory, post bond if required, and to file accountings as the court directs.
  4. Obtain certified letters of authority from the court to show banks, government agencies, and others before you attempt to access or manage funds.
  5. When in doubt, consult a probate attorney for guidance tailored to the specific facts—especially where large assets, tax issues, or public benefits (Medicaid, SSI) are involved.

Helpful Hints

  • Do not use the ward’s money without explicit court authority—doing so can expose you to liability and court sanctions.
  • Ask the court for a combined appointment at the initial hearing if you believe you will need both personal and estate authority; that can avoid a separate later petition.
  • Keep detailed records: receipts, bank statements, and explanations of expenditures are essential for required accountings.
  • Check whether the court requires a bond and, if so, whether the bond amount can be reduced by showing assets and safeguards.
  • Notify benefit agencies (Social Security, Medicare/Medicaid) promptly if you will handle public benefits—they have specific reporting rules and may require additional documentation or representative payee procedures.
  • If a bank refuses access despite a court order, get a certified copy of the letters of authority and, if needed, ask the court to issue a clarifying order or subpoena to the institution.

Disclaimer: This article is for educational purposes only and is not legal advice. It summarizes general principles of Michigan guardianship law. Laws change and every case is different—consult a licensed Michigan attorney or the probate court for advice about a specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.