MI SB1102

Courts cannot appoint an agency (public or private) as guardian if it financially benefits from providing housing, medical, mental health, or social services to the legally incapacitated individual.

A person previously appointed as guardian in another state is now a priority choice, but only if they have not committed abuse, neglect, or exploitation as determined by court preponderance of evidence or by the Department of Human Services.

Guardian appointment priority order includes: person chosen by the individual, person nominated in durable power of attorney or writing, and person named as patient advocate or attorney in fact.

If no suitable person from priority categories is available, courts may appoint a qualified relative in order of preference: spouse, adult child, parent, relative living with individual for 6+ months, or person nominated by caregiver or benefits payer.

If no suitable person from designated or listed categories is available, courts may appoint any competent person willing to serve, including professional guardians.