Probate: guardians and conservators; duties of guardians, conservators, and guardians ad litem; modify. Amends secs. 5305, 5314, 5406, 5417 & 5418 of 1998 PA 386 (MCL 700.5305 et seq.) & adds sec. 5314a.
This bill updates Michigan laws regarding guardianship and conservatorship to strengthen the rights of individuals facing incapacity proceedings. It requires guardians ad litem, who represent vulnerable people during these hearings, to personally visit the individual and clearly explain their legal rights, such as the ability to contest the petition or limit a guardian's authority over medical decisions. The legislation also mandates that courts provide free legal counsel to indigent individuals who wish to contest a guardianship or request specific limits on a guardian's powers. Additionally, the bill directs guardians ad litem to explore alternatives to full guardianship, such as limited guardianship or patient advocacy designations, and ensures that compensation for these representatives is only granted if they have fulfilled their new reporting duties.
Bill status
passed both
4 of 5 stages cleared
Introduction
Jul 2023
Committee Review
Nov 2024
House Passage
Oct 2023
Senate Passage
Oct 2023
Governor
Introduced Jul 18, 2023
Last action Nov 26, 2024
Floor votes · House Oct 24, 2023
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
17
Key actions
6
Committee
6
Nov 26, 2024
Committee
REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE (S-3)
upper
Nov 26, 2024
Upper · Passed
REPORTED FAVORABLY WITH SUBSTITUTE (S-3)
upper
Oct 25, 2023
Committee
REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY
upper
Oct 25, 2023
Upper · Passed
PASSED BY HOUSE WITH IMMEDIATE EFFECT
upper
Oct 24, 2023
Lower · Passed
passed; given immediate effect Roll Call # 396 Yeas 89 Nays 20 Excused 0 Not Voting 1
lower
Oct 24, 2023
Lower · Passed
substitute (H-3) adopted
lower
Oct 19, 2023
Lower · Passed
substitute (H-1) adopted
lower
Oct 11, 2023
Committee
referred to second reading
lower
Oct 11, 2023
Lower · Passed
reported with recommendation with substitute (H-1)
lower
Jul 18, 2023
Committee
referred to Committee on Judiciary
lower
Jul 18, 2023
Introduced
introduced by Representative Penelope Tsernoglou
lower
1 primary · 52 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Penelope Tsernoglou
DDemocratic
Co
AA
Abraham Aiyash
DDemocratic
Co
Alabas Farhat
DDemocratic
Co
Amos O'Neal
DDemocratic
Co
Betsy Coffia
DDemocratic
Co
Carol Glanville
DDemocratic
Co
Carrie Rheingans
DDemocratic
Co
CM
Christine Morse
DDemocratic
Co
Cynthia Neeley
DDemocratic
Co
Denise Mentzer
DDemocratic
Co
Donavan McKinney
DDemocratic
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