2023 Senate Bill 258

Probate: guardians and conservators; duties of guardians, conservators, and guardian ad litem; modify.

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5104, 5106, 5303, 5304, 5305, 5306, 5306a, 5310, 5312, 5313, 5314, 5406, 5409, 5414, 5415, 5416, 5417, and 5418 (MCL 700.5104, 700.5106, 700.5303, 700.5304, 700.5305, 700.5306, 700.5306a, 700.5310, 700.5312, 700.5313, 700.5314, 700.5406, 700.5409, 700.5414, 700.5415, 700.5416, 700.5417, and 700.5418), section 5106 as amended by 2017 PA 136, sections 5303 and 5305 as amended by 2017 PA 155, section 5306 as amended by 2019 PA 170, section 5306a as added by 2012 PA 173, sections 5310 and 5312 as amended by 2000 PA 54, section 5313 as amended by 2012 PA 545, section 5314 as amended by 2018 PA 594, section 5406 as amended by 2000 PA 464, section 5409 as amended by 2000 PA 463, and sections 5417 and 5418 as amended by 2000 PA 312, and by adding sections 5106a, 5312a, 5314a, 5314b, and 5314c.

AI Analysis – Experimental

The bill aims to improve certification standards for professional guardians or conservators, limit the number of wards per guardian, and mandate monthly ward visits with compensation. It promotes alternatives to full guardianship, establishes detailed hearing procedures, and enhances the rights of allegedly incapacitated individuals by ensuring access to court-appointed legal counsel, active participation in hearings, and the option for a jury trial. The legislation also addresses emergency guardianship, guardian appointment priorities, and guardian duties in medical and estate decisions, including annual reporting requirements.

Introduced in the Senate

April 11, 2023

Introduced by Sen. Jeff Irwin (D-15) and six co-sponsors

Co-sponsored by Sens. Paul Wojno (D-10), Dayna Polehanki (D-5), Stephanie Chang (D-3), Mary Cavanagh (D-6), Jim Runestad (R-23) and Rosemary Bayer (D-13)

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