Michigan House Bill HB4677

Michigan 2025-2026 Regular Session

• Introduced: 6/25/25
• Refer: 6/25/25
• Report Pass: 8/13/25

Caption

Probate: guardians and conservators; provision for supported decision-making agreements; create. Amends sec. 5303 of 1998 PA 386 (MCL 700.5303).

Summary

House Bill 4677 amends Michigan’s Estates and Protected Individuals Code, specifically section 5303 governing petitions for guardianship and standby guardianship. The bill requires a petition for a finding of incapacity to include specific facts about the person’s condition and recent conduct showing the need for a guardian. It also preserves the existing process for filing such petitions by an interested person or by the individual themself. The bill adds a new procedural requirement that, before a guardianship petition is filed, the court must provide written information explaining alternatives to a full guardianship. Those alternatives include a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment, durable power of attorney, and supported decision-making. The bill defines supported decision-making as a process in which incapacitated individuals work with friends, family, and professionals to understand choices and make their own decisions. It also continues to require a hearing on incapacity and appointment of a guardian ad litem unless the person already has counsel of their own choosing.

Impact

HB 4677 would change Michigan probate procedure by requiring courts to inform prospective petitioners about less restrictive alternatives before a guardianship petition is filed. This would affect guardianship and incapacity proceedings under the Estates and Protected Individuals Code, and could influence how families, attorneys, courts, and care providers approach decisions about guardianship, conservatorship, and advance planning tools. The bill does not eliminate guardianship, but it adds a notice-and-explanation step intended to encourage consideration of alternatives such as supported decision-making and powers of attorney.

Sentiment

The available voting history suggests the bill was received favorably, as it was reported from committee with a 10-0 vote and without amendment. No committee transcript was provided, so there is no recorded floor or committee debate in the materials here. Based on the text and the unanimous committee vote, the overall sentiment appears supportive and noncontroversial at the committee stage.

Contention

The main policy issue raised by the bill is the balance between protecting potentially incapacitated individuals and preserving autonomy through less restrictive alternatives. Supporters are likely to favor the bill’s emphasis on informed choice, advance directives, and supported decision-making, while any concerns would likely come from those worried about added procedural steps or uncertainty in guardianship filings. Because no transcript is available, no specific member or stakeholder objections are documented in the provided materials.