Bill > HB5404

This bill modifies Michigan's Estates and Protected Individuals Code to enhance requirements and procedures for guardians and conservators. The bill adds new provisions that require courts to carefully evaluate potential guardians and conservators by considering factors such as the individual's preference, availability, personal history, criminal background, relationship with the protected person, and ability to fulfill fiduciary duties. It clarifies that courts must prioritize appointing guardians or conservators based on a specific order of preference, starting with previously appointed guardians, then individuals chosen by the protected person, and moving through family members and other interested parties. The bill introduces a 15-month expiration for guardianship and conservatorship letters, mandates that professional guardians submit criminal background checks, allows guardians to use support staff under direct supervision while prohibiting delegation of critical decision-making, and specifies that guardians cannot receive benefits beyond authorized compensation. Additionally, the bill requires courts to make specific findings on the record when determining the suitability of a guardian or conservator and allows for the potential appointment of co-guardians or co-conservators who must act jointly. The amendments aim to provide more structured oversight and protection for individuals under guardianship or conservatorship while ensuring their rights and preferences are respected.

Military Affairs and Security

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-5404