Summary

Summary for Senate Bill 863 and House Bills 5919 and 5921
Topic: Guardians
Sponsors:
SB863 - Senator Hart
HB5919 - Representative Richner
HB5921 - Representative Woronchak
Committees:
Senate Families, Mental Health and Human Services
House Family and Civil Law
Date Introduced:
SB863 - October 28, 1999
HB5919 and HB5921 - June 21, 2000
Date of Summary: July 3, 2000

There are currently three bills in the Michigan Legislature relating to guardian issues. All of them amend the Estates and Protected Individuals Code, Public Act 386 of 1998.

Senate Bill 863 is sponsored by Senator George Hart. The bill defines "professional fiduciary" as a person or organization that provides fiduciary services for a fee to 3 or more unrelated individuals. The bill requires that a court must make certain findings if it wishes to appoint a professional fiduciary. These include a finding that the appointment is in the respondent's best interests and that there is no suitable individual willing to serve in that capacity. The professional fiduciary must also agree in writing to comply with a number of requirements, including a report to the Supreme Court Administrative Office. Conflict of interest and commingling of funds are also prohibited and the professional fiduciary would have to agree in writing not to do any of these things. The bill limits case loads to 25 for each employee and requires at least one care visit a month to each ward. A bond equal to the collective annual income of all individuals served is also required.

House Bill 5919 is sponsored by Representative Richner. The bill makes it clear that a guardian does not have the power to sell a ward's real property. A court may not grant a guardian the same powers as those held by a patient advocate. Furthermore, a guardian may not exercise a power that a patient advocate exercises regarding a ward's care, custody, or medical treatment unless the guardianship's terms have been modified by a court pursuant to the bill. If a court determines that a ward's property needs protection, the court is required to order the guardian to furnish a bond or include restrictions in the letter of guardianship to protect the property. If a conservator is not appointed and a guardian has control of any of the ward's estate, an inventory must be prepared for the appointing court within 63 days. The guardian is also required to file an account of all income and assets in the guardian's control with the court.

House Bill 5921 was introduced by Representative Woronchak. This bill states that if a guardian is not an individual, the required report on the condition of the ward must be served on each interested member of the ward's family.