Guardianship reform heads to Senate committee


Jun. 12—LANSING — State Senate Judiciary Committee members will hear testimony on legislation aimed to reform Michigan’s guardianship and conservatorship system.

Thursday’s hearing will be open to the public and streamed live on the committee’s website.

In October, the state house passed a package of bipartisan bills that, if signed into law, would prioritize a vulnerable person’s wishes, support their attendance at relevant hearings, bar professional guardians from delegating decision-making to support staff and create a new state office.

Advocates for elderly people’s civil rights have long said the system is flawed and does not do enough to protect vulnerable people from fraud and abuse.

“Everyone knows it’s not right — but no one will do anything about it,” Matt Bush, a services coordinator at a senior apartment complex in Harbor Springs, previously said.

A resident, George Pappas, 97, was the victim of embezzlement by his court-appointed guardian, who made off with about $14,000 in Pappas’ savings and was later prosecuted.

Probate court judges appoint guardians to make medical and housing decisions, and conservators generally make financial decisions, once the court decides someone can no longer handle their own affairs because of age, illness or injury.

Family members and friends can serve in these roles, as can professional guardians. There is currently no education, certification or training regulations, despite the role’s sometimes complex court filing requirements.

Elected officials have for decades agreed that reform was needed, though records show there has been little substantive legislative action since the 1970s.

In 1996, for example, a Michigan Supreme Court task force studied guardianship and in 1998 published 11 recommended initiatives, many of which mirror similar initiatives supported by Attorney General Dana Nessel’s own task force formed 23 years later, in 2019.

The Senate Committee on Civil Rights, Judiciary and Public Safety on Thursday, beginning at noon, will hear testimony on four previously-passed House Bills— HB 4909, HB 4910, HB 4911, HB 4912 — as well as on Senate Bill 656, which would modify related financial duties.

HB 5047 sponsored by Rep. Betsy Coffia, D-Traverse City, to create an office of state guardian, passed the house 74-35 in October and is being further considered by lawmakers.

An office of state guardian would issue professional licenses (currently not required), provide support and training, handle complaints, contract with guardians to serve indigent clients and handle disciplinary proceedings.

The state has, in recent years, adopted a streamlined vulnerable adult incident report form, supported training of law enforcement and, in 2022, passed the Financial Exploitation Prevention Act requiring banks have policies to identify and prevent elder fraud and report incidents to authorities.

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