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HB 6272

Mental health: guardians; provision for supportive decision-making agreements; create. Amends sec. 602 of 1974 PA 258 (MCL 330.1602).

2023-2024 Regular Session Introduced by Felicia Brabec and 9 co-sponsors

Michigan bill creates legal framework allowing people with mental illness to voluntarily authorize trusted supporters to help with decisions, replacing court-mandated guardianship with more autonomous arrangement.

bill electronically reproduced 12/10/2024
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Bill Summary · HB 6272

Legislative bill overview

HB 6272 amends Michigan's mental health code to establish legal recognition for "supportive decision-making agreements." These are formal arrangements where individuals with mental health conditions voluntarily authorize trusted people to help them make important decisions, as an alternative to traditional guardianship. The bill creates a statutory framework defining how these agreements work, who can participate, and what protections apply.

Why is this important

Current Michigan law relies heavily on guardianship—a legal process where a court removes decision-making rights from someone deemed incapable. Supportive decision-making offers a less restrictive middle ground that preserves individual autonomy while providing practical support, which aligns with modern disability rights principles emphasizing "supported" rather than "substituted" decision-making. This can be particularly valuable for people with mental illness who want help without losing fundamental rights.

Potential points of contention

  • Scope and capacity concerns: Questions about whether people with severe mental illness can truly give informed consent to these agreements, or whether protections adequately prevent exploitation by supporters
  • Guardians' role: Potential conflict between the traditional guardianship system and new supportive agreements—unclear how courts should handle existing guardianships or cases where supporters disagree with guardians
  • Financial accountability: Whether supporters have sufficient legal liability and oversight when making financial or medical decisions, or if vulnerable people lack adequate protection against misuse

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

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