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HB 4677

Probate: guardians and conservators; provision for supported decision-making agreements; create. Amends sec. 5303 of 1998 PA 386 (MCL 700.5303).

2025-2026 Regular Session Introduced by Noah Arbit and 13 co-sponsors

Michigan bill creates legal framework for "supported decision-making" agreements, allowing disabled individuals to retain autonomy while receiving help from trusted advisors instead of court-appointed guardians.

referred to second reading
#probate:guardiansandconservators
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Bill Summary · HB 4677

Legislative bill overview

HB 4677 amends Michigan's probate code to formally recognize and provide legal framework for "supported decision-making" agreements as an alternative to traditional guardianship and conservatorship. This approach allows individuals with cognitive or developmental disabilities to retain decision-making authority while receiving support from trusted advisors rather than having a court-appointed guardian assume control.

Why is this important

Current guardianship systems can strip individuals of fundamental rights and autonomy, even when they could make decisions with appropriate support. This bill offers a less restrictive pathway that respects personal agency while ensuring vulnerable individuals receive necessary assistance—aligning Michigan with national trends toward person-centered alternatives to full guardianship.

Potential points of contention

  • Liability and enforcement concerns: Without court oversight inherent in guardianship, there may be questions about accountability if a supported decision-maker acts negligently or exploits the arrangement; the bill must clarify remedies and protections.
  • Capacity determination: Defining who qualifies for supported decision-making versus needing guardianship requires clear standards; overly broad eligibility could leave vulnerable people insufficiently protected, while overly narrow criteria defeat the bill's purpose.
  • Third-party compliance: Banks, healthcare providers, and other institutions may be unfamiliar with supported decision-making agreements and resistant to recognizing them compared to court-ordered guardianship documents.

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

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