Probate: guardians and conservators; requirement to state on record reasons for moving ward from residence; provide for. Amends secs. 5306 & 5314 of 1998 PA 386 (MCL 700.5306 & 700.5314) & adds sec 5306b.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill amends Michigan law regarding guardians and conservators for incapacitated individuals. It requires guardians to document the reasons for moving a ward from their residence on the record, ensuring transparency and justification. The bill also clarifies the guardian’s responsibilities, including consulting with the incapacitated individual before major decisions and maintaining regular contact and reporting on the individual’s condition and care. It adds a provision regarding patient advocate designations and their interaction with guardianship proceedings.
Key provisions
- Requires guardians to document reasons for moving a ward from their residence on the record.
- Clarifies that a guardian cannot grant powers equivalent to a patient advocate unless the court modifies the guardianship.
- Mandates consultation with the incapacitated individual before making major decisions affecting them.
- Requires guardians to visit the ward at least once every three months after appointment.
- Establishes reporting requirements for guardians, including annual condition reports and updates on treatment and living arrangements.
- Addresses patient advocate designations and their role in guardianship proceedings.
- Specifies circumstances under which a limited guardian may be appointed.
- Outlines procedures for executing and reaffirming do-not-resuscitate orders, nonopioid directives, and physician orders for scope of treatment.
Who is affected
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