Probate: guardians and conservators; licensure of professional guardians and conservators; provide for. Amends secs. 5106, 5313 & 5409 of 1998 PA 386 (MCL 700.5106 et seq.). TIE BAR WITH: HB 4728'25
Take action
Record your position on this measure.
Create an account to record your position, submit testimony, or contact your legislator.
Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill updates Michigan law regarding the appointment of professional guardians and conservators for individuals who need assistance due to incapacity. It requires professional guardians and conservators to be licensed under a specific occupational code and establishes criteria for their appointment, including a finding that it’s in the ward’s best interest and the absence of more suitable alternatives. The bill also introduces restrictions on decisions made by guardians’ employees and clarifies reporting requirements for compensation received by guardians.
Key provisions
- Requires professional guardians and conservators to be licensed under article 14A of the occupational code.
- Establishes criteria for court appointment, including a finding of the ward’s best interests and the unavailability of other suitable candidates.
- Prohibits guardians’ employees from independently making medical, psychological, financial, legal, or housing decisions.
- Mandates a schedule of visitation for professional guardians.
- Requires guardians to ensure sufficient staffing for the ward’s care.
- Requires guardians to report any compensation received from sources other than the state, a political subdivision, or a trust.
- Specifies a priority order for appointing guardians, including prior guardians, nominated individuals, and relatives.
- Authorizes for-profit or nonprofit corporations to act as fiduciaries under certain conditions.
Who is affected
Bill text
Read the latest version inline or switch to a previous version.
Document of record
- Version
- House Introduced Bill
- Published
- Not published in the source record
This version is published only as a document. Open the viewer to read it here, or download the file.
Arguments
Reasons offered for and against this legislation.
Arguments in favor
No arguments in favor have been submitted.
Submit yoursArguments opposed
No arguments opposed have been submitted.
Submit yours