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MI HB4911
Bill
Status
10/24/2023
Primary Sponsor
Graham Filler
Click for details
AI Summary
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Requires courts to set an initial hearing within a reasonable timeframe after a guardianship petition is filed, with a separate trial date set at least 7 days later if the guardian ad litem, allegedly incapacitated individual, or court deems it necessary.
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Expands court-ordered evaluation reports to include assessments of cognitive and functional abilities, capacity to delegate responsibilities, existing advance directives, and for visitors, evaluation of formal and informal supports and existing concerns regarding the individual's well-being.
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Mandates courts dismiss guardianship proceedings unless both incapacity and necessity for appointment are proven by clear and convincing evidence, and allows courts to stay proceedings to permit exploration of guardianship alternatives such as powers of attorney or patient advocate designations.
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Restructures emergency guardianship procedures to allow appointment without notice only upon clear and convincing evidence of imminent harm, with notice and hearing within 7 days, and limits emergency guardian appointments to 28 days with one possible 28-day extension.
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Takes effect January 1, 2025, contingent upon enactment of House Bills 4909, 4910, 4912, and 5047.
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 4909'23, HB 4910'23, HB 4912'23, HB 5047'23
Probate: guardians and conservators
Last Action
Referred To Committee Of The Whole With Substitute (s-2)
11/26/2024