On July 21, 2026, Governor Gretchen Whitmer signed Senate Bills 585 and 586 into law, creating new requirements for court-appointed guardians who change an incapacitated individual’s residence and conservators who seek to sell or mortgage a protected individual’s real property.
The legislation limits a guardian’s authority to change an incapacitated individual’s residence and conditions that authority on compliance with the new statutory procedure.
Before permanently changing the individual’s residence, the guardian generally must file a petition with the probate court for authorization and establish, by clear and convincing evidence, that the proposed change satisfies the new standards under MCL 700.5306b(5)(a)-(e). This includes, but is not limited to, the following:
- that the move will protect the individual’s physical health, safety, or welfare;
- that the move is to the least restrictive environment suitable to the individual’s unique needs, abilities, and resources;
- if the individual does not consent to the move, that there is no reasonable or appropriate way to provide similar benefits for the individual in their permanent residence;
- that the move will allow the individual the greatest opportunity to continue to be involved in community activities and personal relationships; and
- that the move is not solely or primarily for the convenience of the guardian.
This represents a new process for guardians, who were not previously required to obtain court approval before moving an incapacitated individual’s permanent residence.
The legislation adds a requirement for a conservator petitioning the probate court for the specific authority to sell or mortgage an individual’s real property. Although the need for court authority is not new, the professional-appraisal requirement is. The appraisal must have been completed within the six-month period preceding the request for court approval.
These new laws add planning, documentation, and court-approval requirements for guardians and conservators. Our trusts and estates attorneys are well equipped to help you evaluate the requirements, prepare petitions, obtain necessary court approval, and guide you through the probate process.
This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions. When it matters in Michigan, we are the trusted legal advisors for businesses and individuals.
Blaine R. DeGracia is an experienced attorney focusing on estate planning, trust administration, guardianships, conservatorships and guiding clients through contested and uncontested probate court matters. You can reach him at 517.377.0810 or at bdegracia@fraserlawfirm.com.