The bill amends the Michigan law regarding guardianship for legally incapacitated individuals, specifically focusing on the appointment and powers of guardians. It establishes that a court may appoint a guardian only if there is clear and convincing evidence of the individual's incapacity and the necessity for guardianship. The bill introduces a new section, 5306b, which emphasizes the right of incapacitated individuals to remain in their own surroundings or the least restrictive environment suitable to their needs. It mandates that before moving an incapacitated individual from their permanent residence, a guardian must file a petition detailing the reasons for the move and its implications on the individual's well-being and community involvement. The court must hold a hearing to assess the petition, ensuring that the move is in the best interest of the individual.

Additionally, the bill outlines the responsibilities and limitations of guardians, including the requirement to consult with the incapacitated individual before making major decisions and to report on the individual's condition and care annually. It specifies that guardians cannot change the individual's residence without court approval and must consider the individual's preferences and rights. The bill also includes provisions for appointing a guardian ad litem to represent the interests of the incapacitated individual during the petition process for relocation. Overall, the amendments aim to enhance the protection and rights of legally incapacitated individuals while ensuring that guardians act in their best interests.

Statutes affected:
Substitute (S-2): 700.5306, 700.5314
Substitute (S-3): 700.5306, 700.5314
Senate Introduced Bill: 700.5306, 700.5314
As Passed by the Senate: 700.5306, 700.5314
As Passed by the House: 700.5306, 700.5314
Senate Enrolled Bill: 700.5306, 700.5314