2011 Senate Bill 539 / 2012 Public Act 545

Revise guardian/conservator qualifications

Introduced in the Senate

June 29, 2011

Introduced by Sen. Tonya Schuitmaker (R-20)

To revise the law that empowers courts to appoint a guardian and/or conservator to protect the interests and/or assets of a vulnerable individual, so that guardians and conservators appointed in other jurisdictions could also be appointed by a Michigan court.

Referred to the Committee on Judiciary

Sept. 15, 2011

Reported without amendment

With the recommendation that the bill pass.

Nov. 29, 2011

Passed in the Senate 38 to 0 (details)

Received in the House

Nov. 29, 2011

Referred to the Committee on Judiciary

Nov. 29, 2012

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 11, 2012

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. John Walsh (R-19)

To clarify that the bill's reciprocity provisions apply to guardians appointed by other states.

The amendment passed by voice vote

Amendment offered by Rep. Richard Hammel (D-48)

To link passage of this bill to enactment of House Bill 4330, which would require court approval for a conservator of a protected individual's assets to mortgage the person’s home.

The amendment failed by voice vote

Amendment offered by Rep. Tim Greimel (D-29)

To link passage of this bill to enactment of House Bill 4334, which would allow county medical examiners to establish elder death review teams to investigate suspicious deaths in nursing homes.

The amendment failed by voice vote

Amendment offered by Rep. Tim Greimel (D-29)

To link passage of this bill to enactment of House Bill 4331, which would revise the law establishing that a person who kills another individual forfeits any benefits from the decedent’s estate, to also include a person who abused, neglected or exploited the decedent.

The amendment failed by voice vote

Amendment offered by Rep. Richard Hammel (D-48)

To link passage of this bill to enactment of House Bill 4342, which would establish that a court order to appoint a guardian for a legally incapacitated individual must specify exactly what powers the guardian has, and reserve to the incapacitated individual any powers not specifically delegated.

The amendment failed by voice vote

Amendment offered by Rep. Richard Hammel (D-48)

To link passage of this bill to enactment of House Bill 4520, which would eliminate the requirement that a person give a specific reason for requesting an absentee ballot.

The amendment failed by voice vote

Amendment offered by Rep. Tim Greimel (D-29)

To link passage of this bill to House Bill 4461, which would require politicians to file personal financial disclosure statements.

The amendment failed by voice vote

Amendment offered by Rep. Tim Greimel (D-29)

To link passage of this bill to House Bill 5145, which would classify as first degree murder the act of intentionally discharging a firearm at an occupied building when this causes death (as in a “drive-by” shooting).

The amendment failed by voice vote

Amendment offered by Rep. Tim Greimel (D-29)

To link passage of this bill to House Bill 4486, which would require a conservator appointed by a court to take care of an incapacitated individual's assets to post a bond if the protected individuals assets were more than a certain amount.

The amendment failed by voice vote

Amendment offered by Rep. Tim Greimel (D-29)

To link passage of this bill to House Bill 5360, which would prohibit a legislator or the Governor, Lieutenant Governor, Attorney General or Secretary of State from applying for or receiving during his or her term a grant from the state that is unrelated to holding office, except for college scholarships available equally to the general public.

The amendment failed by voice vote

Amendment offered by Rep. Richard Hammel (D-48)

To link this bill to passage of House Bill 5360, which would prohibit legislators and statewide officeholders from applying for or receiving during his or her term a grant from the state that is unrelated to holding office.

The amendment failed by voice vote

Amendment offered by Rep. Richard Hammel (D-48)

To link this bill to passage of House Bill 5360, which would authorize up to life in prison for intentionally discharging a firearm from a vehicle when this causes death (as in a “drive-by” shooting), and 15 to 20 years if someone is injured.

The amendment failed by voice vote

Dec. 12, 2012

Passed in the House 109 to 0 (details)

To revise the law that empowers courts to appoint a guardian and/or conservator to protect the interests and/or assets of a vulnerable individual, so that guardians and conservators appointed in other jurisdictions could also be appointed by a Michigan court.

Received in the Senate

Dec. 13, 2012

Passed in the Senate 38 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Rick Snyder

Dec. 31, 2012