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MI HB4634

MI HB4634
Probate: 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 4632'25, HB 4633'25, HB 4635'25


summary

Introduced
06/10/2025
In Committee
06/10/2025
Crossed Over
Passed
Dead

Introduced Session

103rd 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), sections 5303, 5304, and 5306a as amended by 2024 PA 1, section 5306 as amended by 2019 PA 170, and section 5312 as amended by 2000 PA 54.

AI Summary

This bill modifies Michigan's guardianship and conservatorship laws to enhance protections for individuals who may be subject to guardianship proceedings. The bill makes significant changes to the process of appointing guardians, including requiring an initial hearing where a guardian ad litem is appointed, and providing options for setting a trial date if requested by the allegedly incapacitated individual or their legal counsel. The bill strengthens requirements for medical evaluations, mandating more detailed reports that assess the individual's cognitive abilities, functional limitations, and capacity to make decisions. It emphasizes a preference for limited guardianships that promote maximum self-reliance and independence, and requires courts to explore alternatives to full guardianship before appointing a guardian. The bill also introduces more stringent procedures for emergency guardianships, limiting their duration to 28 days with a possible 28-day extension, and requiring specific findings of imminent harm before such appointments can be made. Additionally, the bill expands the rights of individuals facing guardianship proceedings, including the right to legal representation, to be present at hearings, and to contest guardianship appointments. The changes aim to protect the rights and autonomy of potentially incapacitated individuals while ensuring they receive necessary care and supervision.

Committee Categories

Military Affairs and Security

Sponsors (29)

Last Action

Bill Electronically Reproduced 06/10/2025 (on 06/11/2025)

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