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HB-4729, As Passed House, June 23, 2026
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SUBSTITUTE FOR
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 1
appoint as guardian of an individual with a developmental 2
disability any a suitable individual or agency, public or private, 3
including a private association capable of conducting an active 4
guardianship program for an individual with a developmental 5
disability. The court shall not appoint the department of mental 6
health as guardian health and human services or any other agency, 7
public or private, that is directly providing services to the 8
individual with a developmental disability, unless no other 9
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suitable individual or agency can be identified. In such instances, 1
guardianship by the provider shall only must continue only until 2
such time as a more suitable individual or agency can be appointed. 3
(2) The court shall appoint a guardian, if suitable and 4
willing to serve, in the following order of priority: 5
(a) A parent of the individual with a developmental 6
disability. 7
(b) A relative of the individual with a developmental 8
disability. 9
(c) A person, other than an individual, that is a professional 10
guardian or an individual professional guardian who is licensed 11
under article 14A of the occupational code, 1980 PA 299, MCL 12
339.1410 to 339.1413. 13
(d) If no candidates are suitable and willing to serve under 14
subdivisions (a) to (c), a person that the court determines is 15
suitable and willing to serve. 16
(3) Beginning 2 years after the effective date of the 17
amendatory act that added this sentence, the court shall not 18
appoint a person as a professional guardian unless the person is or 19
employs an individual licensed under article 14A of the 20
occupational code, 1980 PA 299, MCL 339.1410 to 339.1413. 21
(4) Beginning 2 years after the effective date of the 22
amendatory act that added this sentence, an employee of a 23
professional guardian described in subsection (3) shall not 24
independently make medical, psychological, financial, legal, or 25
housing decisions, as applicable, on behalf of an individual with a 26
developmental disability, unless the employee is licensed under 27
article 14A of the occupational code, 1980 PA 299, MCL 339.1410 to 28
339.1413. 29
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(5) (2) Before the appointment of a guardian, the court shall 1
make a reasonable effort to question the individual with a 2
developmental disability concerning his or her the individual's 3
preference regarding the person to be appointed guardian, and give 4
due consideration to any preference indicated. shall be given due 5
consideration. 6
(6) As used in this section, "professional guardian" means 7
that term as defined in section 1106 of the estates and protected 8
individuals code, 1998 PA 386, MCL 700.1106. 9
Enacting section 1. This amendatory act does not take effect 10
unless House Bill No. 4728 of the 103rd Legislature is enacted into 11
law. 12