Bill Text: MI HB4912 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Probate: guardians and conservators; appointment of a temporary guardian; modify procedure, and modify procedure for removing a conservator. Amends secs. 5414 & 5415 of 1998 PA 386 (MCL 700.5414 & 700.5415) & adds sec. 5312a. TIE BAR WITH: HB 4909'23, HB 4910'23, HB 4911'23, HB 5047'23
Spectrum: Moderate Partisan Bill (Democrat 46-8)
Status: (Engrossed) 2023-10-25 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [HB4912 Detail]
Download: Michigan-2023-HB4912-Engrossed.html
Substitute For
HOUSE BILL NO. 4912
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending sections 5414 and 5415 (MCL 700.5414 and 700.5415) and by adding section 5312a.
the people of the state of michigan enact:
Sec. 5312a. (1) The court may appoint a temporary guardian under section 5301a or this section.
(2) If a guardian has not been appointed or an appointed guardian is not effectively performing the guardian's duties and the court further finds that the alleged incapacitated individual or ward's welfare requires immediate action, the court may appoint a temporary guardian under this section for a specified period not to exceed 6 months. The court shall not appoint a temporary guardian under this subsection unless either of the following conditions is met:
(a) Oral or written notice of the hearing was provided to all interested persons.
(b) If the petitioner has not provided notice of the hearing to all interested persons, the petitioner submits a written explanation to the court to detail the efforts, if any, that the petitioner has made to provide notice and the reason why provided notice should not be required.
(3) A temporary guardian is entitled to the care and custody of the ward, and the authority of a permanent guardian previously appointed by the court is suspended while a temporary guardian has authority. A temporary guardian may be removed at any time. A temporary guardian shall make reports as the court requires. In other respects, the provisions of this act concerning guardians apply to temporary guardians.
Sec. 5414. (1) The court may remove a conservator for good cause, upon on notice and hearing, or accept a conservator's resignation. Upon On the conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed under this subsection succeeds to the title and powers of the predecessor.
(2) The protected individual or a person interested in the protected individual's welfare may petition for an order removing the conservator, appointing a successor conservator, modifying the terms of the conservatorship, or terminating the conservatorship. A request for this order under this subsection may be made by informal letter to the court. A person who knowingly interferes with transmission of a request described in this subsection to the court is subject to a finding of contempt of court. A petition for an order appointing a successor conservator under this subsection is subject to the priority of appointment under section 5409.
Sec. 5415. (1) A person interested in the welfare of an individual for whom a conservator is appointed may file a petition in the appointing court for an order to do any of the following:
(a) Require bond or security or additional bond or security, or reduce bond.
(b) Require an accounting for the administration of the trust.
(c) Direct distribution.
(d) Remove the conservator and appoint a temporary or successor conservator.
(e) Grant other appropriate relief.
(2) A conservator may petition the appointing court for instructions concerning fiduciary responsibility. Upon On notice and hearing, the court may give appropriate instructions or make an appropriate order.
(3) A petition for an order appointing a successor conservator under subsection (1) is subject to the priority of appointment under section 5409.
Enacting section 1. This amendatory act takes effect January 1, 2025.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) House Bill No. 4909.
(b) House Bill No. 4910.
(c) House Bill No. 4911.
(d) House Bill No. 5047.
