HOUSE BILL NO. 4729

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 as guardian health and human services or any other agency, public or private, that is directly providing services to the individual with a developmental disability, unless no other suitable individual or agency can be identified. In such instances, guardianship by the provider shall only continue only until such time as a more suitable individual or agency can be appointed.

(2) 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 professional guardian who is licensed under article 14A of the occupational code, 1980 PA 299, MCL 339.1410 to 339.1413.

(b) If a professional guardian licensed under article 14A of the occupational code, 1980 PA 299, MCL 339.1410 to 339.1413, is not available or willing to serve, a person that the court determines is suitable and willing to serve.

(3) Beginning 2 years after the effective date of the amendatory act that added this sentence, the court shall not appoint a person as a professional guardian unless the person is or employs an individual licensed under article 14A of the occupational code, 1980 PA 299, MCL 339.1410 to 339.1413.

(4) Beginning 2 years after the effective date of the amendatory act that added this sentence, an employee of a professional guardian described in subsection (2) shall not independently make medical, psychological, financial, legal, or housing decisions, as applicable, on behalf of an individual with a developmental disability, unless the employee is licensed under article 14A of the occupational code, 1980 PA 299, MCL 339.1410 to 339.1413.

(5) (2) Before the appointment of a guardian, the court shall make a reasonable effort to question the individual with a developmental disability concerning his or her the individual's preference regarding the person to be appointed guardian, and give due consideration to any preference indicated. shall be given due consideration.

(6) As used in this section, "professional guardian" means that term as defined in section 1106 of the estates and protected individuals code, 1998 PA 386, MCL 700.1106.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4728 (request no. H01902'25) of the 103rd Legislature is enacted into law.