New Michigan Laws Change Requirements for Guardians and Conservators

On July 23, 2026, Governor Gretchen Whitmer signed Senate Bills 585 and 586 into law. These Bills took immediate effect.

2026 Public Act 68 (formerly Enrolled Senate Bill No. 585)

This Act impacts conservatorships, a legal arrangement in which someone is appointed by the probate court to manage the financial affairs of another. This Act specifically amends MCL 700.5423, which is found in the Michigan Estates and Protected Individuals Code (“EPIC”).

The statute was amended to include the following italicized language:

“The court shall only approve the sale, disposal, mortgage, or pledge of or lien against the principal dwelling, real property, or interest in real property if, after a hearing with notice to interested persons as specified in the Michigan court rules, the court considers evidence of the value of the property, which must include an appraisal of the value of the property conducted within the preceding 6 months by a professional licensed under article 26 of the occupational code, and otherwise determines that the sale, disposal, mortgage, pledge, or lien is in the protected individual’s best interest. If the court approves a sale of the principal dwelling that is less than the appraised value of the property, the court shall explain on the record why the sale is in the protected individual’s best interest.”

Conservators have always been required to obtain a court order to sell real property owned by the conservatorship. That requirement has been expanded to require a conservator to obtain and file an appraisal of the real property with the petition to sell real estate. If the court allows the property to be sold for less than the appraised value, the judge must make findings on the record explaining the decision. Previously, conservators could rely on the state equalized value times two and other means as a valuation of the real property.

2026 Public Act 69 (formerly Enrolled Senate Bill No. 586)

This Act impacts guardianships, a legal arrangement in which someone is appointed by the probate court to make personal or medical decisions for an individual who is unable to make those decisions for themselves. This Act amends Section 5603 of EPIC by adding Section 5306b.

Previously, the statute stated that a guardian must notify the court within 14 days of a change in the incapacitated individual’s residence. The new statute is more expansive if an incapacitated individual is being moved from their permanent residence. The goal is to let the incapacitated individual remain in their “own surroundings, or if not possible, in the least restrictive environment suitable to the individual’s unique needs, abilities, and resources.”[1] A “permanent residence” is defined as “the individual’s true, fixed, and permanent home to which, whenever absent, the individual intends to return.”[2]

A guardian must now obtain a court order to move the incapacitated individual from their permanent residence. The petition must state:

• The individual’s permanent residence;
• The proposed new residence;
• The reason for the proposed move;
• Whether the move is to the least restrictive environment;
• How the move will impact the individual’s ability to participate in their community activities and relationships;
• The efforts made to allow the individual to remain in their current residence; and
• How the guardian has communicated with the individual about the proposed move.[3]

A Guardian ad Litem must be appointed and the court must hold a hearing within 28 days of the filing of the petition to determine if the move is appropriate.[4] At the hearing, the court must find by clear and convincing evidence that 1) the move is necessary and appropriate, 2) that reasonable alternatives for supporting the person at their permanent residence are unavailable, 3) that the move is to the least restrictive environment and will allow the individual to continue to be involved in their activities and relationships, and 4) that the move is not being arranged primarily for the guardian’s convenience.[5]

The statute includes an exception if a move is for emergency purposes, such as travel, a short-term rehabilitation stay, or a hospital stay. If there is a risk of serious harm to the safety of the incapacitated individual, the guardian may move the individual and notify the court within 14 days of the move of the individual’s temporary place of residence. [6]

Contact Our Team

Our Estate Planning and Administration Team remains committed to helping clients understand and comply with Michigan’s changing probate laws. If you are a guardian or conservator who faces one of these situations, please reach out to Brianna Keller or Claire Thiel at Rhoades McKee.

[1] 5306b(1)

[2] 5305b(13)

[3] 5306b(2)

[4] 5306b(3)

[5] 5306b(5)

[6] 5306b(7)(b), (9)