PROFESSIONAL GUARDIAN/CONSERVATORS:

PROCESS AND BENEFITS

Senate Bill 49 as passed by the Senate

Sponsor:  Sen. Darwin L. Booher

House Committee:  Judiciary

Senate Committee:  Judiciary

Complete to 3-13-17

SUMMARY:

Senate Bill 49 would amend the Estates and Protected Individuals Code (EPIC) by clarifying the process of appointing a professional guardian or conservator, and also what benefits a professional guardian or conservator is prohibited from receiving as a result of that appointment.

Currently under the law, a court may appoint or approve a professional guardian or conservator "subject to the other provisions of this section." The bill would replace "the other provisions of this section" with "Subsections (2) and (3)," making it clear for a court which procedures it must follow to appoint or approve a professional guardian or conservator.

The bill also clarifies what benefits a professional guardian or conservator is prohibited from receiving. The bill states that a professional guardian or conservator appointed under EPIC cannot receive, because of that appointment, a benefit from the estate of the ward, developmentally disabled individual, incapacitated individual, or protected individual, beyond compensation specifically authorized for that type of fiduciary by EPIC or the Mental Health Code, unless specifically allowed by the court.   (The italicized words are newly added by the bill.)

MCL 700.5106

FISCAL IMPACT:

The bill would have no fiscal impact on the state or on local units of government

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.