This bill amends the Mental Health Code of Michigan, specifically section 602, to enhance the guardianship process for individuals with developmental disabilities. It emphasizes that guardianship must be utilized only as necessary to promote and protect the individual's well-being, taking into account their abilities and encouraging maximum self-reliance and independence. The bill introduces a requirement for courts to apply the least restrictive alternative principle when determining the need for guardianship, ensuring that any limitations on personal liberty or financial management are minimal and clearly stated in the guardianship documentation.
Additionally, the bill mandates that courts explore less restrictive alternatives to guardianship before making an appointment. These alternatives include the use of an attorney-in-fact, trust management, representative payees, supported decision-making, and assistive technology. If guardianship is deemed necessary, the bill specifies that partial guardianship is preferred for individuals with developmental disabilities, thereby promoting a more supportive and less restrictive approach to guardianship.
Statutes affected: Substitute (H-1): 330.1602
House Introduced Bill: 330.1602