News

For many years, the Michigan Elder Justice Initiative (MEJI) has advocated for reforms of the state’s guardianship and conservatorship systems. MEJI seeks to both better protect the rights of and empower vulnerable individuals who are at the heart of these probate court proceedings. Since 2019, MEJI staff have worked closely with the Attorney General’s Elder Abuse Task Force to develop and advance a comprehensive package of legislation that would address the most urgent concerns in guardianship and conservatorship.  Last week, we celebrated the passage by unanimous votes in both the Michigan House and the Michigan Senate of SB 585 and SB 586. These bills will provide crucial protections to individuals with guardians and conservators.

SB 585 requires a conservator who petitions the court to sell an individual's property to provide an appraisal of the value of the property that was conducted in the last 6 months by a licensed professional. If the judge approves a sale of the person's home at a price that is less than the appraised value, the judge has to justify on the record why the sale is in the person's best interest. This provision is particularly important because the individual’s home is often their only or primary asset. Ensuring the individual receives full value for it best protects the individual’s financial well-being. In addition, this legislation will ensure that courts across the state consider the same type of evidence when reviewing conservator’s petitions to sell property.

SB 586 responds to the common practice of guardians immediately removing  the individuals for whom they are responsible from their homes, admitting them to long term care facilities, and promptly selling their homes and disposing of their possessions. The bill seeks to ensure a legally incapacitated person has the right to remain in their own home if possible or in the least restrictive environment possible. Before moving a person, a guardian must petition the court and explain the reason for the move, if it is the least restrictive environment possible, how it will affect the person's relationships and activities, what efforts were attempted to keep the person in their home, how the information was communicated to the person, and whether they object. The court must appoint a guardian ad litem to investigate the matter (the guardian ad litem’s responsibilities in these cases are identified in the bill) and hold a hearing within 28 days. The protected person also has a right to have counsel appointed if they object or the guardian ad litem or judge think it is appropriate to appoint one. The judge can grant the petition only if there is clear and convincing evidence that the move is appropriate, the least restrictive alternative, will allow the person to the greatest extent possible to maintain their relationships and activities, and is not being arranged for the guardian's convenience. The bill also includes practical provisions that safeguard the protected person’s rights even if the move needs to be made in an emergency before the petition can be heard in court and that establishes procedures for moves that are initially intended to be temporary (like a move to a nursing home for rehabilitation) but ultimately appear to be permanent. 

The impact of these bills complements MEJI’s other work on guardianship reform including its on-going legislative advocacy, its establishment of the Michigan Advancing Guardianship Innovations Center (MAGIC), and the forthcoming release of its final report on its Michigan Guardianship Diversion Pilot Project.