Bill Text: MI HB4171 | 2023-2024 | 102nd Legislature | Introduced

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Bill Title: Mental health: guardians; priority of a professional guardian; modify. Amends sec. 628 of 1974 PA 258 (MCL 330.1628). TIE BAR WITH: HB 4172'23

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced) 2023-03-07 - Bill Electronically Reproduced 03/02/2023 [HB4171 Detail]

Download: Michigan-2023-HB4171-Introduced.html

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HOUSE BILL NO. 4171

A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending section 628 (MCL 330.1628), as amended by 1995 PA 290.

the people of the state of michigan enact:

Sec. 628. (1) The Subject to subsection (2), the court may appoint as guardian of an individual with a developmental disability any a suitable individual or agency, public or private, including a private association capable of conducting an active guardianship program for an individual with a developmental disability. The court shall not appoint the department of mental health health and human services as guardian or any other agency, public or private, that is directly providing services to the individual, unless no other suitable individual or agency can be identified. In such instances, guardianship by the provider shall only must continue only until such time as a more suitable individual or agency can be appointed.

(2) In appointing a professional guardian under this section, the court shall appoint a professional guardian in the following order of priority:

(a) A person, other than an individual, that is a professional guardian or an individual guardian who is certified under section 5106a of the estates and protected individuals code, 1998 PA 386, MCL 700.5106a.

(b) A professional guardian who is not certified under section 5106a of the estates and protected individuals code, 1998 PA 386, MCL 700.5106a.

(3) (2) Before the appointment, the court shall make a reasonable effort to question the individual concerning his or her preference regarding the person to be appointed guardian. , and any preference indicated shall be given due consideration.The court shall consider the preference of the individual before appointing a guardian.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4172 (request no. 01484'23) of the 102nd Legislature is enacted into law.