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Bill > HB4849
MI HB4849
MI HB4849Probate: guardians and conservators; appointment; modify procedure. Amends secs. 5303, 5304, 5306, 5306a, 5312 & 5416 of 1998 PA 386 (MCL: 700.5303 et seq.). TIE BAR WITH: HB 4847'21, HB 4848'21, HB 4850'21
summary
Introduced
05/18/2021
05/18/2021
In Committee
06/21/2022
06/21/2022
Crossed Over
Passed
Dead
12/31/2022
12/31/2022
Introduced Session
Potential new amendment
101st Legislature
Bill Summary
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5303, 5304, 5306, 5306a, 5312, and 5416 (MCL 700.5303, 700.5304, 700.5306, 700.5306a, 700.5312, and 700.5416), section 5303 as amended by 2017 PA 155, section 5306 as amended by 2019 PA 170, section 5306a as added by 2012 PA 173, and section 5312 as amended by 2000 PA 54.
AI Summary
This bill amends sections of the Estates and Protected Individuals Code related to guardianship procedures. The key provisions include:
- Requiring the court to hold an initial hearing on a petition for guardianship and set a trial date if the allegedly incapacitated individual objects or requests a trial. The court must also enter orders to facilitate the individual's attendance at the trial if they wish to attend.
- Expanding the required contents of the court-ordered evaluation report, including assessments of the individual's cognitive and functional abilities, any existing advance directives or representatives, and the recommendations of a visitor (if applicable).
- Clarifying the standards for appointing a guardian, including requiring the court to dismiss the proceeding if the necessary findings cannot be made by clear and convincing evidence.
- Granting the individual a comprehensive list of rights throughout the guardianship process, including the rights to object, have an independent evaluation, attend the hearing, and seek modification or termination of the guardianship.
- Revising the procedures for appointing an emergency guardian, including allowing ex parte appointments in certain imminent-harm situations.
The bill ties its enactment to the passage of several other related bills on guardianship and conservatorship.
Committee Categories
Justice
Sponsors (2)
Last Action
Referred To Second Reading (on 06/21/2022)
Official Document
bill text
bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | http://legislature.mi.gov/doc.aspx?2021-HB-4849 | 05/19/2021 |
| House Substitute (H-1) | http://www.legislature.mi.gov/mileg.aspx?page=CurrentVersionAmendment&cvFileName=2021-HCVBS-4849-0N295.pdf | 06/23/2022 |
| Fiscal Note/Analysis - Summary as Introduced | http://www.legislature.mi.gov/documents/2021-2022/billanalysis/House/pdf/2021-HLA-4847-3F7ACA6D.pdf | 06/22/2021 |
| BillText | http://www.legislature.mi.gov/documents/2021-2022/billintroduced/House/htm/2021-HIB-4849.htm | 05/19/2021 |
| Bill | http://www.legislature.mi.gov/documents/2021-2022/billintroduced/House/pdf/2021-HIB-4849.pdf | 05/19/2021 |
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