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MI HB4849

Bill

Status

Introduced

5/18/2021

Primary Sponsor

Kyra Bolden

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Requires courts to provide written information about alternatives to full guardianship before petition filing, including limited guardianship, conservatorship, patient advocate designation, power of attorney, and do-not-resuscitate orders.

  • Establishes initial hearing procedure where court may enter final order without trial if no objection exists, but must set trial date if guardian ad litem reports objection, individual requests trial, or justice requires.

  • Modifies evaluation report requirements to assess cognitive and functional abilities, decision-making capacity, medications, prognosis, ability to delegate responsibilities, and existing documents like powers of attorney; requires court to dismiss proceedings if clear and convincing evidence of incapacity and necessity for guardianship not shown.

  • Allows court to stay guardianship proceedings for reasonable period to permit exploration of alternatives, including patient advocate designation or power of attorney, and permits dismissal if individual properly executes alternative arrangement.

  • Restructures emergency guardianship provisions to allow appointment with or without notice based on clear and convincing evidence of imminent harm, with appointment expiring after 28 days (extendable once for 28 additional days) and requiring hearing within 7 days of appointment.

  • Enactment conditioned on concurrent passage of HB 4847, HB 4848, and HB 4850.

Legislative Description

Probate: guardians and conservators; appointment; modify procedure. Amends secs. 5303, 5304, 5306, 5306a, 5312 & 5416 of 1998 PA 386 (MCL: 700.5303 et seq.). TIE BAR WITH: HB 4847'21, HB 4848'21, 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