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SB 1007

Mental health: guardians; appointing certain guardians after considering least restrictive means; require. Amends sec. 602 of 1974 PA 258 (MCL 330.1602).

2025-2026 Regular Session Introduced by Rosemary Bayer and 3 co-sponsors

Guardianship should be used only if necessary, after testing less restrictive options (like supported decision making, POAs, or trusts) and with minimal limits.

REFERRED TO COMMITTEE ON HOUSING AND HUMAN SERVICES
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Bill Summary · SB 1007

Overview

Senate Bill 1007 (2025-2026) from Michigan would amend section 602 of the Mental Health Code (1974 Public Act 258, as amended) to strengthen the process and preferences around guardianship for individuals with developmental disabilities. The bill directs courts to prioritize least restrictive alternatives and to explicitly consider, before appointing guardians, whether the individual’s needs can be met without guardianship through various supports and arrangements.

Main purpose and intent

  • To ensure guardianship is used only when necessary to protect the well-being, safety, and financial interests of individuals with developmental disabilities.
  • To elevate a least restrictive approach, limiting personal liberty and control of finances to what is necessary.
  • To encourage the use of supported decision making and other supports as first lines of relief before appointing guardians.

Key provisions and changes

  • Section 602(1): Reiterates that guardianship should be used only as necessary to promote well-being and protect from neglect, exploitation, and abuse; must consider the individual’s abilities and aim to promote self-reliance and independence; and should be limited to the extent necessary given actual mental and adaptive limitations.
  • Section 602(2): If the court finds the individual likely to need protection, it must apply the least restrictive alternative principle and limit guardians’ authority to the minimum needed to protect the person and estate. Restrictions must be documented in the letters of guardianship and in the notice of first publication.
  • Section 602(3): Before appointing a guardian, the court must explore less restrictive alternatives, including:
    • Attorney-in-fact via a durable power of attorney executed by the individual.
    • Management of the individual’s beneficial interests by a trustee in a trust.
    • Use of a representative payee for public benefits.
    • Supported decision making and protective or supportive services by individuals or agencies.
    • Use of services or assistive technology.
    • Appointment of a temporary emergency guardian or guardian of the estate.
    • Appointment of a partial guardian.
  • Section 602(4): If guardianship is deemed necessary, partial guardianship is preferred for individuals with developmental disabilities.

Who is affected

  • Individuals with developmental disabilities who may require guardianship.
  • Families and guardians, including potential guardians, attorneys, trustees, representative payees, and service providers.
  • Courts handling guardianship petitions under Michigan’s Mental Health Code.

Procedural and timeline considerations

  • The bill emphasizes a proactive, stepwise process: assess needs, explore least restrictive options, and document findings in official guardianship paperwork.
  • Requires explicit consideration and documentation of alternatives before guardianship is granted.
  • Encourages earlier use of partial guardianship or less restrictive arrangements, potentially shortening or avoiding full guardianship in some cases.

Potential impact

  • Could reduce the use of full guardianships by prioritizing supports and lesser forms of guardianship.
  • May increase utilization of existing tools (durable power of attorney, trusts, representative payees, supported decision making, assistive tech).
  • Aims to promote independence and autonomy while maintaining necessary protections for vulnerable individuals.

Compiled from official sources — confirm details with the bill’s official record.

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