Michigan Senate Bill SB0253

Michigan 2023-2024 Regular Session

• Introduced: 4/11/23
• Refer: 4/11/23

Caption

Probate: guardians and conservators; duties; modify. Amends secs. 5106, 5304, 5305, 5308, 5314 & 5418 of 1998 PA 386 (MCL 700.5106 et seq.).

Impact

The proposed changes are expected to enhance the protective measures for individuals deemed incapacitated by requiring that a professional guardian can only be appointed if there are no competent alternatives available to serve in that capacity. Additionally, the legislation introduces requirements for financial bonding and restricts the number of wards for which a guardian can be responsible to no more than two hundred. This could lead to a more individualized approach in managing the needs and interests of those under guardianship.

Summary

Senate Bill 253 aims to modify sections of the Estates and Protected Individuals Code relating to the duties and responsibilities of guardians and conservators. The bill emphasizes the need for courts to prioritize the best interests of individuals who are wards or legally incapacitated when appointing professional guardians or conservators. It proposes stringent conditions under which the court may appoint these fiduciaries, thereby ensuring that only suitable and competent individuals are chosen to manage the affairs of those who cannot do so themselves.

Contention

There are points of contention surrounding the bill, particularly regarding its implications for the autonomy and rights of individuals deemed incapacitated. Critics argue that while the bill strengthens protections, it also raises concerns about the potential for guardianships to limit personal freedoms. The bill outlines the responsibilities of guardians, including making significant healthcare decisions, which could lead to conflicts regarding the wishes of wards, particularly about end-of-life decisions such as do-not-resuscitate orders. Thus, while the bill seeks to improve oversight in guardianship cases, it also complicates the dialogue around individual rights within these legal frameworks.