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MI HB4645

Bill

Status

Passed

11/8/2023

Primary Sponsor

Jim Haadsma

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Amends MCL 324.20101b to update fiduciary liability protections under Michigan's natural resources and environmental protection act to reflect adoption of the Uniform Power of Attorney Act.

  • Extends liability protection to lenders and fiduciaries acting under a durable power of attorney for disabled persons, in addition to those acting under the estates and protected individuals code.

  • Maintains existing exceptions that fiduciaries remain personally liable for their own negligence, gross negligence, reckless, willful, or intentional misconduct regardless of fiduciary status.

  • Preserves the ability to bring claims against estate or trust assets in a fiduciary's representative capacity for environmental contamination or hazardous substance violations.

  • Bill is contingent upon passage and enactment of House Bill 4644 of the 102nd Legislature; effective 91 days after adjournment of the 2023 regular session.

Legislative Description

Probate: powers of attorney; reference to powers of attorney in natural resources and environmental protection act; revise to reflect adoption of uniform power of attorney act. Amends sec. 20101b of 1994 PA 451 (MCL 324.20101b). TIE BAR WITH: HB 4644'23

Probate: powers of attorney

Last Action

Assigned Pa 188'23

11/8/2023

Committee Referrals

Civil Rights, Judiciary, And Public Safety6/28/2023
Judiciary5/23/2023

Full Bill Text

No bill text available