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MI HB5366

Bill

Status

Introduced

2/26/2014

Primary Sponsor

Andrea LaFontaine

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

HB 5366 Summary

  • Amends the Estates and Protected Individuals Code to add conservator authority over digital property, including the ability to exercise control, exercise rights, and change governing instruments affecting digital assets, subject to applicable terms-of-service agreements.

  • Expands court powers to authorize conservators to manage digital property as part of the protected individual's estate and business affairs under Section 5407.

  • Adds Section 5423a establishing procedures for conservators to request access to digital property from digital custodians, who must comply within 56 days or face court enforcement action.

  • Allows interested parties to petition the court under Section 5415 to limit or eliminate a conservator's power over digital property, with hearings scheduled 14-56 days after petition filing.

  • Makes the act's effectiveness contingent on enactment of companion bills HB 5367, HB 5368, HB 5369, and HB 5370.

Legislative Description

Probate; guardians and conservators; fiduciary access to digital assets act; enact. Amends secs. 5407 & 5415 of 1998 PA 386 (MCL 700.5407 & 700.5415) & adds sec. 5423a. TIE BAR WITH: HB 5367'14, HB 5368'14, HB 5369'14, HB 5370'14

Probate, guardians and conservators

Last Action

Referred To Second Reading

10/2/2014

Committee Referrals

Judiciary2/26/2014

Full Bill Text

No bill text available