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MI HB4633

MI HB4633
Probate: guardians and conservators; duties of guardians, conservators, and guardians ad litem; modify. Amends secs. 5305, 5314, 5406, 5417 & 5418 of 1998 PA 386 (MCL 700.5305 et seq.) & adds sec. 5314a. TIE BAR WITH: HB 4632'25, HB 4634'25, 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 5305, 5314, 5406, 5417, and 5418 (MCL 700.5305, 700.5314, 700.5406, 700.5417, and 700.5418), sections 5305 and 5314 as amended by 2024 PA 1, section 5406 as amended by 2000 PA 464, and sections 5417 and 5418 as amended by 2000 PA 312, and by adding section 5314a.

AI Summary

This bill proposes significant changes to Michigan's laws regarding guardianship and conservatorship, focusing on enhancing protections and procedural safeguards for individuals under guardianship or conservatorship. The bill expands the duties of guardians ad litem by requiring them to conduct more comprehensive interviews with individuals facing potential guardianship, including explaining their rights, potential implications of guardianship, and exploring alternatives. For guardians, the bill introduces detailed requirements about maintaining the individual's permanent residence, prioritizing the least restrictive living arrangement, and requiring consultation with the individual about potential moves. The legislation also mandates more thorough documentation, including inventorying personal and sentimental items, and provides greater transparency about the guardian's actions. Additionally, the bill strengthens protections by requiring guardians to make reasonable efforts to understand and honor the individual's preferences, mandating court oversight for significant decisions like changing residence, and ensuring individuals have access to legal representation. The changes aim to balance the need for protective oversight with preserving the individual's autonomy, dignity, and personal wishes to the greatest extent possible.

Committee Categories

Military Affairs and Security

Sponsors (29)

Last Action

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

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