Michigan Senate Bill SB0586

Michigan 2025-2026 Regular Session

• Introduced: 9/25/25
• Refer: 9/25/25

Caption

Probate: guardians and conservators; requirement to state on record reasons for moving ward from residence; provide for. Amends secs. 5306 & 5314 of 1998 PA 386 (MCL 700.5306 & 700.5314).

Impact

One significant change introduced by SB 586 is the stipulation that guardians are granted only those powers necessary for the demonstrated needs of the incapacitated individuals, limiting their authority to ensure proper self-reliance. Notably, a guardian will not have the authority to change the residence of the incapacitated individual without direct court findings on the record that such a change serves the individual's best interest. This measure aims to protect the rights and autonomy of individuals who may be significantly affected by such decisions.

Summary

Senate Bill 586 proposes amendments to the 1998 PA 386, specifically targeting sections 5306 and 5314 of the Estates and Protected Individuals Code in Michigan. The bill's primary objective is to refine the process through which guardians may be appointed for incapacitated individuals. A court's determination, made with clear and convincing evidence, is needed to declare someone incapacitated and necessitate guardianship for proper care and supervision. This brings clarity to the legal standards required before appointing a guardian and ensures the necessity of guardianship for each individual case.

Conclusion

If passed, SB 586 will represent a shift in how guardianship is managed, emphasizing court oversight and individual rights. The amendments may lead to changes in how legal representatives are appointed and how they function within the established parameters, ultimately aiming for a balance that safeguards the interests of incapacitated individuals while maintaining necessary protections and protocols.

Contention

There are important considerations involved in implementing this bill, especially concerning how guardians are appointed and the breadth of their powers. One of the prominent debates will likely center around the definition of 'best interest' as it can vary greatly among different stakeholders, including the court, the guardians, and families involved. Moreover, the bill seeks to ensure that guardians engage with the incapacitated individuals meaningfully, thereby fostering better oversight while still providing essential support.