HOUSE BILL NO. 4677

A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending section 5303 (MCL 700.5303), as amended by 2024 PA 1.

the people of the state of michigan enact:

Sec. 5303. (1) An individual in the individual's own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity and appointment of a guardian or designation of a standby guardian. The petition must contain specific facts about the individual's condition and specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment.

(2) Before a petition is filed under this section, the court shall provide the person intending to file the petition with written information that sets forth alternatives to appointment of a full guardian, including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, or supported decision-making, and an explanation of each alternative. As used in this subsection, "supported decision-making" means a process through which incapacitated individuals work with friends, family members, and professionals who help them understand the situation and choices they face so they may make their own decisions.

(3) On the filing of a petition under subsection (1), the court shall set a date for hearing on the issue of incapacity. Unless the allegedly incapacitated individual has legal counsel of the individual's own choice, the court shall appoint a guardian ad litem to represent the individual in the proceeding.