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MI SB0586
Bill
AI Summary
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Requires guardians to file a court petition before moving a legally incapacitated individual from their permanent residence, with the court holding a hearing within 28 days and appointing a guardian ad litem
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Establishes that incapacitated individuals have the right to remain in their own surroundings or the least restrictive environment suitable to their unique needs, abilities, and resources
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Courts must find by clear and convincing evidence that a proposed move protects the individual's health/safety, represents the least restrictive environment, and is not arranged solely for the guardian's convenience
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Allows guardians to move an individual without prior court approval only in emergencies presenting risk of serious harm, but requires notification to the court within 14 days and a subsequent petition if the move becomes permanent
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Mandates appointment of legal counsel for the incapacitated individual if they object to the proposed move or if recommended by the guardian ad litem
Legislative Description
Probate: guardians and conservators; requirement to state on record reasons for moving ward from residence; provide for. Amends secs. 5306 & 5314 of 1998 PA 386 (MCL 700.5306 & 700.5314).
Probate: guardians and conservators
Last Action
Referred To Committee On Judiciary
12/18/2025