The bill amends the "Estates and Protected Individuals Code" in Michigan to strengthen the regulation of professional guardians and conservators. It establishes new licensing requirements, mandating that individuals in these roles meet specific criteria such as age, educational qualifications, and successful completion of a criminal background check. Only licensed individuals will be permitted to advertise as professional guardians or conservators, and the Department of Licensing and Regulatory Affairs is tasked with maintaining an updated list of licensed professionals. The bill also outlines the responsibilities of these fiduciaries, including the necessity of filing a bond and prohibiting unauthorized benefits, while ensuring that their employees are also licensed.

Furthermore, the legislation modifies existing laws regarding the employment of professional guardians and conservators, particularly concerning criminal history checks for potential employees. It allows for conditional employment before the completion of these checks, provided that the individual signs a statement affirming they have no disqualifying convictions and does not have unsupervised access to incapacitated individuals until the checks are finalized. The bill also details the appointment process for guardians and conservators, prioritizing suitable candidates and preventing the appointment of agencies that would financially benefit from their services. Additionally, it introduces new definitions and clarifies the handling of criminal history information to ensure confidentiality and appropriate use in evaluating employment qualifications.

Statutes affected:
Senate Introduced Bill: 700.5106