Bill Summary – FastDemocracy

HOUSE BILL NO. 6271
     December 10, 2024, Introduced by Reps. Young, MacDonell, Rheingans, Brabec, Brixie, Coffia,
       Paiz, Hope, Hill, Wozniak and Breen and referred to the Committee on Families, Children and
       Seniors.
          A bill to amend 1998 PA 386, entitled
    "Estates and protected individuals code,"
    by amending section 5303 (MCL 700.5303), as amended by 2024 PA 1.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1         Sec. 5303. (1) An individual in the individual's own behalf,
2   or any person interested in the individual's welfare, may petition
3   for a finding of incapacity and appointment of a guardian or
4   designation of a standby guardian. The petition must contain
5   specific facts about the individual's condition and specific
6   examples of the individual's recent conduct that demonstrate the
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 1   need for a guardian's appointment.
 2         (2) Before a petition is filed under this section, the court
 3   shall provide the person intending to file the petition with
 4   written information that sets forth alternatives to appointment of
 5   a full guardian, including, but not limited to, a limited guardian,
 6   conservator, patient advocate designation, do-not-resuscitate
 7   order, physician orders for scope of treatment form, or durable
 8   power of attorney with or without limitations on purpose,
 9   authority, or time period, or supportive decision-making, and an
10   explanation of each alternative. As used in this subsection,
11   "supportive decision-making" means a process through which
12   incapacitated individuals work with friends, family members, and
13   professionals who help them understand the situation and choices
14   they face so they may make their own decisions.
15         (3) On the filing of a petition under subsection (1), the
16   court shall set a date for hearing on the issue of incapacity.
17   Unless the allegedly incapacitated individual has legal counsel of
18   the individual's own choice, the court shall appoint a guardian ad
19   litem to represent the individual in the proceeding.
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Statutes affected: 
House Introduced Bill: 700.5303