WeVote
Log In

Bill

Bill

SB 1008

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 Rosemary Bayer and 4 co-sponsors

Requires informing petitioners about guardianship alternatives (including SDM) before filing, promoting less restrictive options over full guardianship.

REFERRED TO COMMITTEE ON HOUSING AND HUMAN SERVICES
#probate:guardiansandconservators
0
WeVote Research Nonpartisan
Bill Summary · SB 1008

Summary of SB 1008 (2025-2026) – Michigan

SB 1008 proposes amendments to the Estates and Protected Individuals Code, specifically Section 5303, to expand and clarify options for decision-making and guardianship, with an emphasis on supported decision-making and alternatives to full guardianship.

Purpose and intent

  • The bill aims to provide more choices beyond traditional guardianship for individuals who may have impaired decision-making capacity.
  • It introduces and formalizes supported decision-making as an alternative and requires that information about alternatives be presented to petitioners before filing for guardianship or a related appointment.

Key provisions and changes

  1. Petition standards for incapacity and guardianship (existing framework retained)

    • A person (either the individual themselves or someone interested in their welfare) may petition for a finding of incapacity and for the appointment of a guardian or designation of a standby guardian.
    • The petition must include specific facts about the individual's condition and concrete examples of recent conduct showing the need for guardianship.

  2. Pre-petition information on alternatives (new requirement)

    • Before a petition is filed, the court must provide the prospective petitioner with written information about alternatives to full guardianship.
    • Alternatives specifically referenced include:
      • Limited guardian
      • Conservator
      • Patient advocacy designation
      • Do-not-resuscitate (DNR) order
      • Physician Orders for Scope of Treatment (POST) form
      • Durable power of attorney (with or without limitations on purpose, authority, or time period)
      • Supported decision-making (SDM)
    • The information packet must explain each alternative.

  3. Supported decision-making defined (new in statute)

    • SDM is defined as a process in which incapacitated individuals work with friends, family members, and professionals to understand situations and choices so they can participate in their own decisions.

  4. Court proceedings and representation (procedural safeguards)

    • Upon filing a petition for incapacity, the court must set a hearing date.
    • If the allegedly incapacitated individual does not have legal counsel of their choosing, the court must appoint a guardian ad litem to represent the individual in the proceeding.

Affected parties and scope

  • Individuals alleged to be incapacitated: Those who may be found incapacitated and subjected to guardianship or related protective arrangements.
  • Petitioners: Family members or other interested parties who file for incapacity determinations and guardianship.
  • Guardianship process: Still available, but with greater emphasis on alternatives and SDM.
  • Court and counsel roles: Courts must provide information about alternatives; appoint guardians ad litem if needed to ensure representation of the incapacitated person.

Procedural and timeline aspects

  • The bill introduces a pre-petition step requiring written information about alternatives to guardianship (including SDM) before a petition is filed.
  • It maintains the timeline structure by requiring a hearing date after filing.
  • If the individual lacks legal counsel, the court must appoint a guardian ad litem to advocate for the person during the proceedings.

Practical impact

  • Potentially reduces reliance on guardianship by encouraging consideration and use of less restrictive or alternative arrangements (e.g., SDM, durable power of attorney, limited guardianship).
  • May improve informed consent and autonomy for individuals with impaired decision-making capacity through earlier exposure to options and supports.
  • Provides procedural protections by ensuring representation for the incapacitated person if they lack counsel.

Status and sponsorship

  • Introduced in the Senate on May 21, 2026.
  • Co-sponsored by Senator Stephanie Chang and four other Senators (Sue Shink, Rosemary Bayer, Mary Cavanagh, Dayna Polehanki).
  • Referred to the Committee on Housing and Human Services.

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

Sign in to ask a question.