2023 House Bill 4909

Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify.

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5104, 5106, 5310, 5313, and 5409 (MCL 700.5104, 700.5106, 700.5310, 700.5313, and 700.5409), section 5106 as amended by 2017 PA 136, section 5310 as amended by 2000 PA 54, section 5313 as amended by 2012 PA 545, and section 5409 as amended by 2000 PA 463, and by adding section 5106a.

House Fiscal Agency Analysis

House Bill 4909 to 4912 and 5047 would amend several provisions in the Estates and Protected Individuals Code (EPIC) regarding guardians and conservators in Michigan. The bills would notably do the following: • Require professional guardians and professional conservators to be licensed and establish a process for processing complaints and upholding licensure standards. • Establish the Office of State Guardian Board and prescribe its duties and that of its executive director to facilitate licensure. • Establish new suitability requirements in the appointment of a guardian or conservator. • Revise the duties of a guardian ad litem related to guardianship and conservatorship proceedings. • Modify requirements concerning the appointment of a temporary guardian or a successor conservator.

Introduced in the House

July 18, 2023

Introduced by Rep. Kelly Breen (D-21) and 52 co-sponsors

Co-sponsored by Reps. Penelope Tsernoglou (D-75), Christine Morse (D-40), Kara Hope (D-74), Mike McFall (D-8), Jennifer Conlin (D-48), Stephanie Young (D-16), Helena Scott (D-7), Natalie Price (D-5), Veronica Paiz (D-11), Rachel Hood (D-81), Julie Rogers (D-41), John Fitzgerald (D-83), Denise Mentzer (D-61), Carrie Rheingans (D-47), Graham Filler (R-93), Ken Borton (R-105), Kathy Schmaltz (R-46), Sharon MacDonell (D-56), Doug Wozniak (R-59), Joey Andrews (D-38), Emily Dievendorf (D-77), Samantha Steckloff (D-19), Betsy Coffia (D-103), Matt Koleszar (D-22), Jim Haadsma (D-44), Alabas Farhat (D-3), Erin Byrnes (D-15), Donavan McKinney (D-14), Jason Hoskins (D-18), Felicia Brabec (D-33), Tullio Liberati (D-2), Amos O’Neal (D-94), Cynthia Neeley (D-70), Kimberly Edwards (D-12), Reggie Miller (D-31), Dylan Wegela (D-26), Pat Outman (R-91), Tyrone Carter (D-1), Will Snyder (D-87), Julie Brixie (D-73), Kevin Coleman (D-25), Jimmie Wilson (D-32), Kristian Grant (D-82), Carol Glanville (D-84), Jaime Churches (D-27), Gina Johnsen (R-78), Jason Morgan (D-23), Abraham Aiyash (D-9), Karen Whitsett (D-4), Jenn Hill (D-109), Ranjeev Puri (D-24) and Luke Meerman (R-89)

Referred to the Committee on Judiciary

Oct. 11, 2023

Reported with substitute H-1

Oct. 19, 2023

Substitute H-1 concurred in by voice vote

Oct. 24, 2023

Substitute H-3 offered by Rep. Kelly Breen (D-21)

The substitute passed by voice vote

Passed in the House 87 to 22 (details)

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

The motion prevailed by voice vote

Received in the Senate

Oct. 25, 2023

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