Michigan House Bill HB4172

Michigan 2023-2024 Regular Session

• Introduced: 3/2/23
• Refer: 3/2/23

Caption

Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify. Amends title & secs. 5106, 5108a, 5313 & 5409 of 1998 PA 386 (MCL 700.5106 et seq.) & adds secs. 5106a & 5106b. TIE BAR WITH: HB 4171'23

Impact

If enacted, the bill will significantly alter the landscape of guardianship and conservatorship in Michigan. By instituting rigorous certification processes, it will likely improve the accountability and professionalism of those serving in these vital roles. The mandatory criminal history checks aim to protect vulnerable populations from potential abuse or exploitation, thus reinforcing the state’s commitment to safeguarding the interests of incapacitated individuals. This change may also lead to a more efficient appointment process since the bill lays out clear protocols for how courts should consider appointing guardians and conservators.

Summary

House Bill 4172 aims to amend the Estates and Protected Individuals Code to enhance the criteria and processes by which professional guardians and conservators are appointed in Michigan. It seeks to establish mandatory certification requirements for individuals wishing to serve in these capacities, ensuring that only qualified and vetted individuals can manage the affairs of incapacitated persons. Key provisions of the bill include criminal background checks and the requirement for individuals to demonstrate no disqualifying criminal history prior to being appointed as guardians or conservators.

Contention

Despite its protective intentions, HB 4172 faces potential contention regarding the implications of increased regulation. Stakeholders may argue that the stringent requirements for certification could limit the availability of professional guardians and conservators, particularly for less populous areas where qualified candidates may already be scarce. Additionally, there could be concerns raised about the implications of criminal history checks on individuals who have faced minor offenses but are otherwise suitable for guardianship roles. The balance between safeguarding the vulnerable and ensuring access to necessary services will be a critical point of discussion as the bill moves through the legislative process.