2023 House Bill 4646 / Public Act 189

Probate: powers of attorney; reference to powers of attorney in public health code; revise to reflect adoption of uniform power of attorney act.

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 10121 and 10301 (MCL 333.10121 and 333.10301), section 10121 as added by 2008 PA 39 and section 10301 as added by 2012 PA 179.

Senate Fiscal Agency Analysis

House Bill 4644 would enact the "Uniform Power of Attorney Act" (UPOAA) to do the following: -- Establish a durable power of attorney process in the State that generally provides for the authorities, powers, and duties of an agent and principal under a power of attorney and the execution and termination of a power of attorney. -- Specify the scope of the Act, applying to most powers of attorneys in the State. -- Entitle an agent to reimbursement of expenses incurred and compensation for services rendered on behalf of a principal unless prohibited in a power of attorney. -- Allow specified individuals associated with a principal, such as a principal's caregiver or heir, to petition a court to review an agent's conduct under a power of attorney. -- Prescribe restitution requirements if an agent violated a power of attorney. -- Provide a model form in statute that could be used to create a power of attorney that had the meaning and effect prescribed by the Act. -- Specify that the Act would apply to a power of attorney created before, on, or after the Act's effective date, except in certain circumstances. -- Repeal Sections 5501 to 5505 of Estates and Protected Individuals Code (EPIC), which generally govern durable powers of attorney in the State. House Bill 4645 would amend Section 20101b of the Natural Resources and Environmental Protection Act to replace references to Sections 5501 through 5505 of EPIC with references to the Uniform Power of Attorney Act. House Bill 4646 would amend the Public Health Code to replace references to Sections 5501 through 5505 of EPIC with references to the Uniform Power of Attorney Act.

Introduced in the House

May 23, 2023

Introduced by Rep. Jim Haadsma (D-44) and 15 co-sponsors

Co-sponsored by Reps. Donavan McKinney (D-14), Nancy DeBoer (R-86), Jason Morgan (D-23), Rachel Hood (D-81), Veronica Paiz (D-11), Erin Byrnes (D-15), Reggie Miller (D-31), Julie Rogers (D-41), Tullio Liberati (D-2), Emily Dievendorf (D-77), Tyrone Carter (D-1), Sharon MacDonell (D-56), Kimberly Edwards (D-12), Jenn Hill (D-109) and Kara Hope (D-74)

Referred to the Committee on Judiciary

June 21, 2023

Reported without amendment

June 27, 2023

Passed in the House 104 to 4 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 28, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Oct. 12, 2023

Reported without amendment

Oct. 17, 2023

Referred to the Committee of the Whole

Oct. 19, 2023

Reported without amendment

Oct. 24, 2023

Passed in the Senate 38 to 0 (details)

Signed by Gov. Gretchen Whitmer

Nov. 7, 2023