SB 586

Act No. 69
Public Acts of 2026
Approved by the Governor
July 21, 2026
Filed with the Secretary of State
July 23, 2026
EFFECTIVE
DATE: July 23, 2026
state of michigan
103rd Legislature
Regular session of 2026
Introduced by Senators Johnson, Irwin, Polehanki, Chang,
Klinefelt, McMorrow, Geiss, Santana and Shink
ENROLLED SENATE BILL No. 586
AN ACT to amend 1998 PA 386,
entitled �An act to codify, revise, consolidate, and classify aspects of the
law relating to wills and intestacy, relating to the administration and
distribution of estates of certain individuals, relating to trusts, and
relating to the affairs of certain individuals under legal incapacity; to
provide for the powers and procedures of the court that has jurisdiction over
these matters; to provide for the validity and effect of certain transfers,
contracts, and deposits that relate to death; to provide procedures to facilitate
enforcement of certain trusts; and to repeal acts and parts of acts,� by
amending sections 5306 and 5314 (MCL 700.5306 and 700.5314), section 5306 as
amended by 2019 PA 170 and section 5314 as amended by 2024 PA 1, and by adding
section 5306b.
The People of the State of
Michigan enact:
Sec.
5306. (1) The court may appoint a guardian if the court finds by clear and
convincing evidence both that the individual for whom a guardian is sought is
an incapacitated individual and that the appointment is necessary as a means of
providing continuing care and supervision of the incapacitated individual, with
each finding supported separately on the record. Alternately, the court may
dismiss the proceeding or enter another appropriate order.
(2) The court shall grant a guardian only those powers and
only for that period of time as is necessary to provide for the demonstrated
need of the incapacitated individual. The court shall not grant the guardian
the authority to change the incapacitated individual�s residence except as
provided in section 5306b. The court shall design the guardianship to encourage
the development of maximum self-reliance and independence in the individual. If
the court is aware that an individual has executed a patient advocate designation
under section 5506, the court shall not grant a guardian any of the same
powers that are held by the patient advocate. A court order establishing a
guardianship shall specify any limitations on the guardian�s powers and any
time limits on the guardianship.
(3) If the court finds by clear and convincing evidence that
an individual is incapacitated and lacks the capacity to do some, but not all,
of the tasks necessary to care for himself or herself, the court may appoint a
limited guardian to provide guardianship services to the individual, but the
court shall not appoint a full guardian.
(4) If the court finds by clear and convincing evidence that
the individual is incapacitated and is totally without capacity to care for
himself or herself, the court shall specify that finding of fact in an order
and may appoint a full guardian.
(5) If an individual executed a patient advocate designation
under section 5506 before the time the court determines that the individual
became a legally incapacitated individual, a guardian does not have and shall
not exercise the power or duty of making medical or mental health treatment
decisions that the patient advocate is designated to make. If, however, a
petition for guardianship or for modification under section 5310 alleges and
the court finds that the patient advocate designation was not executed in
compliance with section 5506, that the patient advocate is not complying with
the terms of the designation or with the applicable provisions of sections 5506
to 5515, or that the patient advocate is not acting consistent with the ward�s
best interests, the court may modify the guardianship�s terms to grant those
powers to the guardian.
(6) If the court finds by clear and convincing evidence that
the individual is incapacitated, that the person that has the care and custody
of the incapacitated individual denied another person access to the
incapacitated individual, and that the incapacitated individual desires contact
with the other person or that contact with the other person is in the
incapacitated individual�s best interest, the court may appoint a limited
guardian to supervise access with the other person.
Sec.
5306b. (1) A legally incapacitated individual has the right, if possible, to
remain in the individual�s own surroundings, or, if not possible, in the least
restrictive environment suitable to the individual�s unique needs, abilities,
and resources.
(2) Except as otherwise provided in this section, before
moving a legally incapacitated individual from the individual�s permanent
residence, a guardian must file a petition that includes all the following
information on a form created by the state court administrative office or in a
substantially similar form:
(a) The individual�s permanent residence.
(b) The proposed new residence.
(c) The reason for the proposed move.
(d) Whether the move is to the least restrictive environment
suitable to the individual�s unique needs, abilities, and resources, including
consideration of any potential for harm and the individual�s rights under
section 5306a.
(e) How the move will impact the individual�s ability to
continue to participate in the individual�s community activities and personal
relationships.
(f) The efforts made or resources explored to enable the
individual to remain in the individual�s own current residence, including but
not limited to home and community based services, physical and occupational
therapy, and available home modifications.
(g) How the guardian has communicated with the individual
about the proposed move and whether the individual objects to or supports the
proposed move.
(3) If a petition for moving the legally incapacitated
individual is filed under subsection (2), the court must appoint a guardian ad
litem and hold a hearing not later than 28 days after the petition is filed.
The guardian ad litem must, in addition to the other duties set forth in 5305,
do all of the following:
(a) Advise the individual that a petition has been filed to
move the individual from the individual�s permanent residence.
(b) Explain that if the court grants the petition to move the
individual, the guardian will have the authority to change the individual�s
permanent residence to the location specified in the petition or another
location the court determines is appropriate.
(c) Determine, if possible, the wishes of the individual to
remain in the individual�s permanent residence and whether the individual
objects.
(d) Include this information in the guardian ad litem�s
written report.
(4) If the individual does not already have retained legal
counsel, the court must appoint legal counsel if the individual objects to the
move, if the guardian ad litem recommends appointment of legal counsel, or if
the court determines appointment of legal counsel is appropriate.
(5) The court shall not grant a petition for removal from the
permanent residence filed under subsection (2) unless the court, after a
hearing, finds by clear and convincing evidence that all of the following
apply:
(a) The move will appropriately protect the individual�s
physical health, safety, or welfare.
(b) The move is to the least restrictive environment suitable
to the individual�s unique needs, abilities, and resources, including
consideration of any potential for harm and the individual�s rights under
section 5306a.
(c) If the individual does not consent to the move, there is
no reasonable or appropriate way to provide similar benefits for the individual
in the individual�s permanent residence through use of home and community based
services, physical or occupational therapy, available home modifications, or
other means.
(d) The move will allow the legally incapacitated individual
the greatest opportunity to continue to be involved in the individual�s
community activities and personal relationships.
(e) The move is not being arranged solely or primarily for
the convenience of the guardian.
(6) If the court finds based on clear and convincing evidence
that a location other than the permanent residence or proposed new residence
meets the criteria of subsection (5), the court may order that the guardian
move the individual to a location that meets the criteria of subsection (5).
(7) A guardian may move a legally incapacitated individual
before a petition filed under subsection (2) if either of the following
applies:
(a) The court previously granted the guardian authority to
move the legally incapacitated individual based on a hearing on the record
consistent with subsection (5) including findings of fact on the record when
the court appointed the guardian on an initial or subsequent petition.
(b) An emergency condition exists, including, without
limitation, an emergency that presents a risk of serious harm to the safety of
the legally incapacitated individual.
(8) If a guardian moves a legally incapacitated individual
under subsection (7), the guardian must take all reasonable steps to preserve
the individual�s permanent residence.
(9) If a guardian moves a legally
incapacitated individual under subsection (7), the guardian shall notify the
court not later than 14 days after the move of the ward�s temporary place of
residence.
(10) If a guardian determines that following a temporary
absence from the permanent residence, for reasons including but not limited to
an emergency, travel, short term rehabilitation, or hospitalization the legally
incapacitated individual will not return to their permanent residence, the
guardian must file a petition under subsection (2).
(11) The court shall order a review of the placement at a
time and date set by the court if the legally incapacitated individual�s
circumstances and resources are expected to change such that the current
permanent residence may no longer be the least restrictive environment suitable
to the legally incapacitated individual�s unique needs, abilities, and
resources.
(12) A guardian shall file a petition under subsection (2) if
any of the following apply:
(a) The legally incapacitated individual�s circumstances and
resources change.
(b) The changes support moving an individual to the new
permanent residence.
(c) The move is to the least restrictive environment suitable
to the legally incapacitated individual�s unique needs, abilities, and
resources, including consideration of any potential for harm and the individual�s
rights under section 5306a.
(d) The move is not being arranged solely or primarily for
the convenience of the guardian.
(e) If removal from the permanent residence requires the
sale, transfer, or disposal of real property or personal property, the guardian
has made reasonable efforts to communicate with the legally incapacitated
individual and the individual�s loved ones to identify and honor the legally
incapacitated individual�s wishes to preserve sentimental personal property in
the overall context of the legally incapacitated individual�s values, wishes,
and resources. The court may remove a guardian that fails to comply with this
subsection.
(13) As used in this section, �individual�s permanent
residence� means the individual�s true, fixed, and permanent home to which,
whenever absent, the individual intends to return.
Sec.
5314. If meaningful communication is possible, a legally incapacitated
individual�s guardian shall consult with the legally incapacitated individual
before making a major decision affecting the legally incapacitated individual.
To the extent a guardian of a legally incapacitated individual is granted
powers by the court under section 5306, the guardian is responsible for the
ward�s care, custody, and control, but is not liable to third persons because
of that responsibility for the ward�s acts. In particular and without
qualifying the previous sentences, a guardian has all of the following powers
and duties, to the extent granted by court order:
(a) Subject to section 5306b, the custody of the person of
the ward and the power to establish the ward�s place of residence in or outside
this state. The guardian shall visit the ward not later than 3 months after the
guardian�s appointment and not less than once within 3 months after each
previous visit.
(b) If entitled to custody of the ward, the duty to make
provision for the ward�s care, comfort, and maintenance and, when appropriate,
arrange for the ward�s training and education. The guardian shall secure
services to restore the ward to the best possible state of mental and physical
well-being so that the ward can return to self-management at the earliest
possible time. Without regard to custodial rights of the ward�s person, the
guardian shall take reasonable care of the ward�s clothing, furniture,
vehicles, and other personal effects and commence a protective proceeding if
the ward�s other property needs protection. If a guardian commences a
protective proceeding because the guardian believes that it is in the ward�s
best interest to sell or otherwise dispose of the ward�s real property or
interest in real property, the court may appoint the guardian as special
conservator and authorize the special conservator to proceed under section
5423(3). A guardian shall not otherwise sell the ward�s real property or
interest in real property.
(c) The power to give the consent or approval that is
necessary to enable the ward to receive medical, mental health, or other
professional care, counsel, treatment, or service. However, a guardian does not
have and shall not exercise the power to give the consent to or approval for
inpatient hospitalization unless the court expressly grants the power in its
order. If the ward objects or actively refuses mental health treatment, the
guardian or any other interested person must follow the procedures provided in
chapter 4 of the mental health code, 1974 PA 258, MCL 330.1400 to 330.1490, to
petition the court for an order to provide involuntary mental health treatment.
The power of a guardian to execute a do-not-resuscitate order under subdivision
(d), execute a nonopioid directive form under subdivision (f), or execute a
physician orders for scope of treatment form under subdivision (g) does not
affect or limit the power of a guardian to consent to a physician�s order to
withhold resuscitative measures in a hospital. As used in this subdivision, �involuntary
mental health treatment� means that term as defined in section 400 of the
mental health code, 1974 PA 258, MCL 330.1400.
(d) The power to execute, reaffirm, and revoke a
do-not-resuscitate order on behalf of a ward. However, a guardian shall not
execute a do-not-resuscitate order unless the guardian does all of the
following:
(i) Not more than 14 days before executing
the do-not-resuscitate order, visits the ward and, if meaningful communication
is possible, consults with the ward about executing the do-not-resuscitate
order.
(ii) Consults directly with the ward�s
attending physician as to the specific medical indications that warrant the
do-not-resuscitate order.
(e) If a guardian executes a do-not-resuscitate order under
subdivision (d), not less than annually after the do-not-resuscitate order is
first executed, the duty to do all of the following:
(i) Visit the ward and, if meaningful
communication is possible, consult with the ward about reaffirming the
do-not-resuscitate order.
(ii) Consult directly with the ward�s
attending physician as to specific medical indications that may warrant
reaffirming the do-not-resuscitate order.
(f) The power to execute, reaffirm, and revoke a nonopioid
directive form on behalf of a ward.
(g) The power to execute, reaffirm, and revoke a physician
orders for scope of treatment form on behalf of a ward. However, a guardian
shall not execute a physician orders for scope of treatment form unless the
guardian does all of the following:
(i) Not more than 14 days before executing
the physician orders for scope of treatment form, visits the ward and, if
meaningful communication is possible, consults with the ward about executing
the physician orders for scope of treatment form.
(ii) Consults directly with the ward�s
attending physician as to the specific medical indications that warrant the
physician orders for scope of treatment form.
(h) If a guardian executes a physician orders for scope of
treatment form under subdivision (g), not less than annually after the
physician orders for scope of treatment form is first executed, the duty to do
all of the following:
(i) Visit the ward and, if meaningful
communication is possible, consult with the ward about reaffirming the
physician orders for scope of treatment form.
(ii) Consult directly with the ward�s
attending physician as to specific medical indications that may warrant
reaffirming the physician orders for scope of treatment form.
(i) If a conservator for the ward�s estate is not appointed,
the power to do any of the following:
(i) Institute a proceeding to compel a
person under a duty to support the ward or to pay money for the ward�s welfare
to perform that duty.
(ii) Receive money and tangible property
deliverable to the ward and apply the money and property for the ward�s
support, care, and education. The guardian shall not use money from the ward�s
estate for room and board that the guardian or the guardian�s spouse, parent,
or child have furnished the ward unless a charge for the service is approved by
court order made on notice to at least 1 of the ward�s next of kin, if notice
is possible. The guardian shall exercise care to conserve any excess for the
ward�s needs.
(j) The duty to report the condition of the ward and the ward�s
estate that is subject to the guardian�s possession or control, as required by
the court, but not less often than annually. The guardian shall also serve the
report required under this subdivision on the ward and interested persons as
specified in the Michigan court rules. A report under this subdivision must
contain all of the following:
(i) The ward�s current mental, physical, and
social condition.
(ii) Improvement or deterioration in the ward�s
mental, physical, and social condition that occurred during the past year.
(iii) The ward�s present living arrangement
and changes in the ward�s living arrangement that occurred during the past
year.
(iv) Whether the guardian recommends a more
suitable living arrangement for the ward.
(v) Medical treatment, including mental
health treatment, received by the ward.
(vi) Whether the guardian has executed,
reaffirmed, or revoked a do-not-resuscitate order on behalf of the ward during
the past year.
(vii) Whether the guardian has executed,
reaffirmed, or revoked a nonopioid directive form on behalf of the ward during
the past year.
(viii) Whether the guardian has executed,
reaffirmed, or revoked a physician orders for scope of treatment form on behalf
of the ward during the past year.
(ix) Services received by the ward.
(x) A list of the guardian�s visits with,
and activities on behalf of, the ward.
(xi) A recommendation as to the need for
continued guardianship.
(xii) If a standby guardian has been
designated, a statement signed by the standby guardian that the standby
guardian continues to be willing to serve in the event of the unavailability,
death, incapacity, or resignation of the guardian.
(k) If a conservator is appointed, the duty to pay to the
conservator, for management as provided in this act, the amount of the ward�s
estate received by the guardian in excess of the amount the guardian expends
for the ward�s current support, care, and education. The guardian shall account
to the conservator for the amount expended.
This act is ordered to take
immediate effect.
Secretary of the Senate
Clerk of the House of
Representatives
Approved___________________________________________
____________________________________________________
Governor