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MI HB6272

Bill

Status

Introduced

6/17/2010

Primary Sponsor

Jon Switalski

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

HB 6272 Summary

  • Requires court approval before a conservator can sell, dispose of, mortgage, pledge, or place a lien on a protected individual's real property or home.

  • Court must hold a hearing with notice to interested persons and consider evidence of property value before approving such transactions, determining they are in the protected individual's best interest.

  • Conservators must record court orders authorizing sales, mortgages, pledges, or liens on real property in the register of deeds; third parties cannot presume conservator authority without recorded order or copy of order.

  • Expands conservator bonding requirements when estate cash and readily convertible property exceed statutory limits, with exceptions for restricted accounts, trust-powered institutions, financial hardship, or court-stated reasons.

  • Establishes acceptance obligations for attorneys-in-fact under durable powers of attorney, including duties to act in principal's best interest, maintain separate accounts, provide accountings, keep records, and accept financial responsibility for unauthorized transactions.

Legislative Description

Probate; guardians and conservators; power of conservator to mortgage or place lien on protected individual's home; require prior court approval. Amends secs. 5422 & 5423 of 1998 PA 386 (MCL 700.5422 & 700.5423).

Probate, guardians and conservators

Last Action

Referred To Committee On Judiciary

9/7/2010

Committee Referrals

Judiciary6/17/2010

Full Bill Text

No bill text available