Summary — HB 4910 (S-3)
Title: Probate: guardians and conservators; duties of guardians, conservators, and guardians ad litem; modify. (Amends MCL 700.5305, 700.5314, 700.5406, 700.5417, 700.5418; adds 700.5314a)
Status: Referred to Committee of the Whole with substitute (S-3)
Introduced: March 13, 2025 (bill packet includes earlier committee activity; S-3 is the Senate substitute)
Code affected: Estates and Protected Individuals Code (EPIC), 1998 PA 386
Purpose
- Strengthen procedural protections for individuals alleged to be incapacitated and improve court oversight of guardianship and conservatorship matters by expanding guardian ad litem (GAL) duties and clarifying reporting, visitation, inventory, residence-change, and counsel rules.
Key provisions and changes
- Expanded GAL duties (sec. 5305)
- Require personal visits and in-person interviews (out of presence of interested persons).
- Require clear explanations to the individual of the nature/effects of guardianship, hearing procedures, rights (e.g., to contest, be present, request limits on guardian powers, obtain counsel), and the names of persons seeking appointment.
- GAL must assess and report on alternatives to full guardianship (limited guardianship, conservatorship, powers of attorney, patient advocate designation, DNR/physician orders for scope of treatment), amount of readily-convertible cash in the estate, whether mediation is appropriate, and whether the individual wishes to contest or attend.
- GAL must file a written report in a form required by the State Court Administrative Office (SCAO) and serve interested persons.
- If the GAL’s report conflicts with the individual’s wishes, the GAL cannot be appointed as that person’s legal counsel.
Legal counsel appointment and funding
- Courts must appoint counsel if the alleged incapacitated person requests counsel, objects to guardianship, or the GAL recommends counsel.
- The State must pay for counsel when the alleged incapacitated person is indigent.
Special limited GAL
- Provides for appointment of a special limited GAL with a defined scope of duties.
Visitation and delegation (guardian duties)
- Guardian must visit the ward within one month of appointment and at least once within three months after each visit (specifics in bill).
- Non-professional guardians may delegate in-person visits to another person under specified conditions.
Inventory and transparency
- Guardian or conservator must inventory the ward’s estate and personal/sentimental items and serve that list on interested persons within 56 days of appointment.
- If a guardian is responsible for estate matters and no conservator is appointed, interested persons may review proofs of income and disbursements.
Residence protections
- Guardians must maintain the ward’s permanent residence when possible and make reasonable efforts to return the ward to that residence if removed.
- Prescribes requirements and a petition/hearing process for permanent removal of residence.
Conservatorship wind-up
- Conservators must account for administration of trusts, financial records, significant expenses, and disposition of personal items within 56 days after conservatorship termination.
Who is affected
- Alleged incapacitated individuals and current wards/protected individuals (rights, participation, and protection enhanced).
- Guardians and conservators (additional duties, visitation, inventories, residence rules, reporting).
- Guardians ad litem (expanded responsibilities and reporting; limits on serving as counsel in conflicts).
- Probate courts and SCAO (new reporting forms/processes).
- State (obligation to pay counsel for indigent alleged incapacitated persons; potential administrative/cost impacts).
- Interested persons (more access to inventories, reports, hearings).
Procedural/timeline notes
- The S-3 substitute is part of a package of tie-barred bills (HBs 4909–4912 and related HB 5047) that collectively address guardian/conservator suitability, licensure, temporary guardianships, and other reforms.
- Under the committee report, the bills are tie-barred and were drafted to take effect 365 days after enactment (check final enrolled version for precise effective date).
- Fiscal impact: indeterminate — may increase court administrative activity, filings, or state costs (legal counsel for indigent persons).
Bottom line
HB 4910 (S-3) tightens procedural protections in guardianship proceedings by expanding GAL duties and reporting, guaranteeing counsel in specified circumstances (with state-funded counsel for indigent alleged incapacitated persons), requiring timely inventory and conservatorship accounting, and strengthening residence and visitation safeguards for wards. It works in concert with companion bills addressing licensure, suitability, and temporary guardianships.
