The bill amends the Michigan Mental Health Code to establish clearer guidelines for guardianship of individuals with developmental disabilities. It emphasizes that guardianship must only be utilized as necessary to promote and protect the individual's well-being, taking into account their abilities and encouraging self-reliance and independence. The language has been updated to replace "shall" with "must" in several instances, reinforcing the mandatory nature of these provisions. Additionally, the bill introduces a requirement for courts to apply the least restrictive alternative principle when determining the extent of guardianship, ensuring that personal liberty and financial management are not unduly restricted.

Furthermore, the bill mandates that courts consider less restrictive alternatives to guardianship before appointing a guardian. These alternatives include the use of an attorney-in-fact, management of trusts, representative payees, supported decision-making, and assistive technology. The bill also specifies that if guardianship is deemed necessary, partial guardianship should be the preferred option. Overall, the amendments aim to enhance the protection and autonomy of individuals with developmental disabilities while ensuring that guardianship is applied judiciously and with respect for their rights.

Statutes affected:
House Introduced Bill: 330.1602