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MI HB4848

Bill

Status

Introduced

5/18/2021

Primary Sponsor

Graham Filler

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Restructures guardian ad litem duties in guardianship and conservatorship proceedings to require impartial information gathering, in-person interviews outside presence of interested parties, and written reports with specific required content based on whether the individual contests the petition.

  • Expands rights of individuals subject to guardianship or conservatorship proceedings, including rights to request reasonable accommodations, independent medical evaluations, legal counsel, and hearing location changes if unable to attend standard court locations.

  • Adds new sections 5314a, 5314b, and 5314c establishing guardian inventory, accounting, and property management requirements, including identification of items with special or sentimental value and accounting for prepaid funeral and cemetery contracts.

  • Creates new section 5314c restricting guardians' ability to move legally incapacitated individuals from their permanent residences without court approval via separate petition, with exceptions for emergency situations and facility closures.

  • Makes compensation of guardian ad litem conditional on demonstrated compliance with statutory duties and prohibits guardians ad litem from serving as legal counsel if their report conflicts with the individual's wishes.

Legislative Description

Probate: guardians and conservators; duties of guardians, conservators, and guardian ad litem; modify. Amends sec. 5305, 5314, 5406, 5417 & 5418 of 1998 PA 386 (MCL 700.5305 et seq.) & adds secs. 5314a, 5314b & 5314c. TIE BAR WITH: HB 4847'21, HB 4849'21, HB 4850'21

Probate: guardians and conservators

Last Action

Referred To Second Reading

6/21/2022

Committee Referrals

Judiciary5/18/2021

Full Bill Text

No bill text available