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MI SB0111

MI SB0111
Civil procedure: personal protection orders; elder and vulnerable adult personal protection order; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2950p.


summary

Introduced
02/27/2025
In Committee
04/16/2025
Crossed Over
04/16/2025
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1961 PA 236, entitled"Revised judicature act of 1961,"(MCL 600.101 to 600.9947) by adding section 2950p.

AI Summary

This bill establishes a new type of personal protection order specifically designed for elderly and vulnerable adults in Michigan. The bill allows individuals who are 60 years or older, have a developmental disability, or are considered vulnerable adults to petition the circuit court for an elder and vulnerable adult personal protection order. This order can restrain or enjoin a respondent from a wide range of actions, including physical assault, threats, firearm possession, animal abuse, property destruction, and financial exploitation. The order can also prevent the respondent from accessing the petitioner's funds, benefits, or assets, and can even require the return of personal property or award actual damages. The bill provides detailed provisions for issuing, serving, and enforcing these protection orders, including immediate effectiveness statewide, mandatory entry into law enforcement networks, and potential criminal penalties for violations. Importantly, the bill emphasizes that obtaining such an order does not automatically imply the need for guardianship, and it provides specific definitions for terms like "financial exploitation" and "neglect" to clarify the scope of protection. The order can be issued ex parte (without prior notice to the respondent) in cases of immediate risk and is valid for at least 182 days, with provisions for the respondent to request a hearing to modify or rescind the order.

Committee Categories

Justice

Sponsors (7)

Last Action

Referred To Committee On Judiciary (on 04/16/2025)

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