ALLOW LIMITED GUARDIAN TO SUPERVISE

VISITS WITH INCAPACITATED INDIVIDUALS

Senate Bill 110 (S-1) as passed by the Senate

Sponsor:  Sen. Peter J. Lucido

House Committee:  Judiciary

Senate Committee:  Judiciary and Public Safety

Complete to 10-21-19

SUMMARY:

Senate Bill 110 would amend the Estates and Protected Individuals Code (EPIC) to allow a court-appointed limited guardian to supervise visits with an incapacitated individual if certain conditions were met.

Under the bill, a court could appoint a limited guardian to supervise access to an incapacitated individual if the court finds by clear and convincing evidence that all of the following apply:

·         The individual is incapacitated.

·         The person that has the care and custody of the incapacitated individual has denied another person access to the incapacitated individual.

·         The incapacitated individual desires contact with the other person or contact with the other person is in the incapacitated individual’s best interest.

The bill would take effect 90 days after enactment.

MCL 700.5306

FISCAL IMPACT:

Senate Bill 110 could have a fiscal impact on the state and on local court funding units, but the impact would likely be minimal and would solely depend on how the bill affected court caseloads and related administrative costs.

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.