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MI HB4645
Bill
Status
11/8/2023
Primary Sponsor
Jim Haadsma
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AI Summary
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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.
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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.
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Maintains existing exceptions that fiduciaries remain personally liable for their own negligence, gross negligence, reckless, willful, or intentional misconduct regardless of fiduciary status.
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Preserves the ability to bring claims against estate or trust assets in a fiduciary's representative capacity for environmental contamination or hazardous substance violations.
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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