The bill amends the "Estates and Protected Individuals Code" by updating sections 5306 and 5314 to enhance the guardianship process for incapacitated individuals in Michigan. It establishes that a court may appoint a guardian only if it finds clear and convincing evidence of the individual's incapacity and the necessity of guardianship. Notably, the bill specifies that a guardian cannot change the incapacitated individual's residence unless it is determined to be in their best interest. Additionally, if a patient advocate designation exists, the guardian cannot exercise powers that overlap with those of the patient advocate. The bill also allows for the appointment of limited guardians in cases where the individual can perform some tasks independently.

Furthermore, the bill outlines the responsibilities and powers of guardians, including the requirement to consult with the incapacitated individual before making major decisions, and mandates regular reporting on the ward's condition and care. It introduces specific provisions regarding medical decisions, including the execution of do-not-resuscitate orders and other medical directives, ensuring that guardians must consult with the ward and their attending physician before making such decisions. The amendments aim to protect the rights and interests of incapacitated individuals while providing a structured framework for guardianship.

Statutes affected:
Senate Introduced Bill: 700.5306, 700.5314