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MI SB0586

MI SB0586
Probate: guardians and conservators; requirement to state on record reasons for moving ward from residence; provide for. Amends secs. 5306 & 5314 of 1998 PA 386 (MCL 700.5306 & 700.5314).


summary

Introduced
09/25/2025
In Committee
12/18/2025
Crossed Over
12/18/2025
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1998 PA 386, entitled"Estates and protected individuals code,"by amending sections 5306 and 5314 (MCL 700.5306 and 700.5314), section 5306 as amended by 2019 PA 170 and section 5314 as amended by 2024 PA 1, and by adding section 5306b.

AI Summary

This bill amends Michigan's Estates and Protected Individuals Code to establish stringent requirements for guardians when considering moving a legally incapacitated individual from their permanent residence. The bill introduces a new section (5306b) that mandates guardians file a detailed petition before relocating a ward, which must include comprehensive information such as the current and proposed residence, reasons for moving, potential impact on the individual's community connections, and efforts made to keep the individual in their current home. Before approving a move, the court must find by clear and convincing evidence that the relocation will protect the individual's health and welfare, represents the least restrictive environment, and is not primarily for the guardian's convenience. The bill also requires the court to appoint a guardian ad litem and potentially legal counsel for the incapacitated individual, ensuring their rights and wishes are thoroughly considered. Additionally, the bill modifies existing guardianship provisions, such as requiring guardians to consult with wards before making major decisions and clarifying reporting requirements about the ward's condition. The legislation aims to prioritize the incapacitated individual's autonomy, safety, and quality of life while providing a structured process for potential residential changes.

Committee Categories

Housing and Urban Affairs, Justice

Sponsors (9)

Last Action

Referred To Committee On Judiciary (on 12/18/2025)

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