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MI HB4910
Bill
Status
10/24/2023
Primary Sponsor
Penelope Tsernoglou
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AI Summary
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Restructures duties of guardians ad litem to require impartial information gathering, in-person interviews, and communication in manner best understood by individual, with different reporting requirements based on whether individual contests petition.
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Creates new section 5314a establishing requirements for professional guardians regarding placement decisions, including mandatory court petition to permanently remove legally incapacitated individual from permanent residence, with exceptions for emergency situations and when residence becomes unavailable.
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Modifies guardian visitation requirements to mandate in-person visits within 1 month of appointment and monthly thereafter, supplemented by audio-visual or audio-only visits in non-visit months, with options for limited guardians and non-professional guardians to delegate visits.
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Expands conservator inventory and accounting duties to include account statements with redacted account numbers, identification of sentimental personal property items, prepaid funeral and cemetery contracts, and documentation of how conservator preserved special items.
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Adds provision requiring appointment of legal counsel for protected individuals who object to conservator accounts, with guardian ad litem visit requirements similar to initial conservatorship petitions.
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Effective January 1, 2025, conditioned on enactment of HB 4909, 4911, 4912, and 5047.
Legislative Description
Probate: guardians and conservators; duties of guardians, conservators, and guardians ad litem; modify. Amends secs. 5305, 5314, 5406, 5417 & 5418 of 1998 PA 386 (MCL 700.5305 et seq.) & adds sec. 5314a. TIE BAR WITH: HB 4909'23, HB 4911'23, HB 4912'23, HB 5047'23
Probate: guardians and conservators
Last Action
Referred To Committee Of The Whole With Substitute (s-3)
11/26/2024