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MI HB4912

Bill

Status

Engrossed

10/24/2023

Primary Sponsor

Ken Borton

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Adds new Section 5312a allowing courts to appoint a temporary guardian for up to 6 months when no guardian exists or an existing guardian is not effectively performing duties and immediate action is needed to protect the ward's welfare.

  • Requires either notice to all interested persons or a written explanation from the petitioner detailing notice efforts and reasons notice should not be required before appointing a temporary guardian.

  • Suspends the authority of any previously appointed permanent guardian while a temporary guardian has authority; temporary guardians may be removed at any time and must make reports as required by the court.

  • Modifies Section 5414 to allow protected individuals or interested persons to petition for conservator removal, successor appointment, or conservatorship modification by informal letter, and prohibits interference with transmission of such requests under penalty of contempt.

  • Modifies Section 5415 to clarify that petitions for successor conservator appointments are subject to priority rules under Section 5409; takes effect January 1, 2025, contingent on enactment of HB 4909, 4910, 4911, and 5047.

Legislative Description

Probate: guardians and conservators; appointment of a temporary guardian; modify procedure, and modify procedure for removing a conservator. Amends secs. 5414 & 5415 of 1998 PA 386 (MCL 700.5414 & 700.5415) & adds sec. 5312a. TIE BAR WITH: HB 4909'23, HB 4910'23, HB 4911'23, HB 5047'23

Probate: guardians and conservators

Last Action

Referred To Committee Of The Whole With Substitute (s-2)

11/26/2024

Committee Referrals

Civil Rights, Judiciary, And Public Safety10/25/2023
Judiciary7/18/2023

Full Bill Text

No bill text available