Michigan Senate Bill SB0255

Michigan 2023-2024 Regular Session

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

Caption

Probate: guardians and conservators; requirements to be appointed as guardian or conservator; revise. Amends secs. 5106, 5310, 5313 & 5409 of 1998 PA 386 (MCL 700.5106 et seq.).

Impact

If passed, SB 255 will notably impact existing laws related to guardianship and conservatorship by adding new provisions. These include requirements for professional guardians to not take on more than 12 wards, providing a bond, and filing a clear disclosure of any benefits received apart from the authorized compensation. These measures aim to enhance the accountability of guardians and conservators, thereby providing stronger protections for vulnerable individuals under their care. Furthermore, the bill seeks to establish a more structured oversight process, including the submission of annual reports to state authorities.

Summary

Senate Bill 255, known as the amendment to the Estates and Protected Individuals Code, focuses on revising the requirements and procedures for the appointment of professional guardians and conservators in Michigan. The bill aims to ensure that the appointment process prioritizes the best interests of wards, particularly those who are incapacitated or protected individuals. It introduces new guidelines to determine who is suitable to serve in these critical roles, requiring courts to consider a range of factors including the individual’s availability, relationship history with the ward, and their financial and criminal records.

Contention

While the bill has been praised for its intentions to protect the rights and welfare of individuals with disabilities or incapacity, it may face scrutiny regarding the feasibility and implications of its requirements. Opponents may argue that limiting the number of wards a professional guardian can manage could strain the availability of guardians in some regions, particularly in rural areas where such services are already limited. Additionally, the requirement for a bond and full disclosure may increase the administrative burden on guardians, potentially dissuading capable individuals from serving due to the heightened complexity involved.