Michigan’s New Guardianship Law: What Families and Caregivers Should Know in 2026

Michigan has adopted important new laws that strengthen protections for adults under guardianship, especially when a guardian is considering moving someone from their home or selling their property. These changes, found in Senate Bills 586 and 585, took immediate effect in 2026 and reshape how guardians, families, and courts approach major decisions about housing and real estate. Under the new law, a legally incapacitated individual has the right, whenever possible, to remain in their own surroundings or, if that is not possible, to live in the least restrictive environment suitable to their needs. Because of this, a guardian can no longer simply decide to move someone out of their permanent residence. Before any move occurs, the guardian must file a petition with the court explaining the current residence, the proposed new residence, the reasons for the move, whether the new placement is the least restrictive option, how the move will affect community involvement and personal relationships, what alternatives were explored to help the person remain safely at home, and whether the individual supports or objects to the move. As the new statute states, the petition must include “the reason for the proposed move” and “how the move will impact the individual’s ability to continue to participate in the individual’s community activities and personal relationships.”

Once the petition is filed, the court must appoint a guardian ad litem to meet with the individual, explain the petition, and determine the person’s wishes. A hearing must be held within twenty‑eight days, and if the individual objects—or if the guardian ad litem recommends it—the court must appoint an attorney to represent them. The judge may approve the move only if there is clear and convincing evidence that the move will protect the person’s health or safety, that the new residence is the least restrictive suitable environment, that similar benefits cannot be provided in the current home, that the move will preserve the person’s involvement in community activities and relationships, and that the move is not being arranged for the guardian’s convenience. These requirements ensure that moves are made thoughtfully and with full consideration of the individual’s rights, values, and connections.

The law also recognizes that emergencies can occur. A guardian may move someone before filing a petition only if the court previously granted permission or if an emergency presents a risk of serious harm. In those situations, the guardian must take reasonable steps to preserve the person’s home, notify the court within fourteen days, and file a full petition if the person will not return to their permanent residence. Another new protection requires guardians to make reasonable efforts to identify and honor the individual’s wishes regarding sentimental personal property—such as photographs, heirlooms, religious items, or personal collections. The statute warns that the court may remove a guardian who fails to comply with this requirement.

Senate Bill 585 also strengthens oversight of real‑estate decisions. A conservator may not sell, mortgage, or otherwise dispose of a protected individual’s home or real property without court approval. The court must hold a hearing, give notice to interested persons, and review a professional appraisal completed within the last six months. The judge must determine that the transaction is in the individual’s best interest, and if the sale price is below the appraised value, the court must explain on the record why the sale still benefits the protected individual. These safeguards ensure that property decisions are transparent, fair, and centered on the individual’s well-being.

Together, these new laws give families more transparency, more notice, and more opportunities to be heard. They also give legally incapacitated individuals stronger protections for their homes, belongings, relationships, and community ties. For guardians, the laws provide clearer guidance and help ensure that major decisions are made carefully and with full court oversight. Families who have questions about how these changes affect a loved one’s situation should feel comfortable reaching out for guidance, as understanding the process early can prevent confusion and help everyone stay aligned with the individual’s best interests.

You are welcome to call my office at 248‑871‑7644 or email Julie@JMcCowanLaw.com if you would like to discuss your matter further.

Legal Disclaimer: This blog post is for educational purposes only and does not constitute legal advice. Reading this information does not create an attorney–client relationship with me or my law office. Every situation is unique, and guardianship matters involve facts and circumstances that must be evaluated individually. If you need guidance about your specific case, you should consult with a qualified attorney licensed in Michigan.