LANSING, Mich., June 12, 2025 – State Rep. Kelly Breen (D-Novi) announced a bipartisan four-bill package aimed at overhauling Michigan’s guardianship and conservatorship system today. The bills — House Bills 4632–4635— would implement overdue safeguards to better protect older adults and people with disabilities from exploitation, involuntary institutionalization and loss of control over their lives and resources. This package is also co-sponsored by state Reps. Penelope Tsernoglou (D-East Lansing), Doug Wozniak (R-Shelby Twp.) and Matt Bierlein (R-Vassar).

Guardians and conservators are individuals appointed by a court to assist adults who have been legally deemed unable to manage their own affairs. Guardians handle the personal and medical decisions of the individual, while conservators manage their financial matters and property.

“Our guardianship and conservatorship system must reflect the basic values of dignity, fairness and respect — and it must protect Michigan’s most vulnerable residents,” Breen said. “These bills are literally decades in the making. They represent the combined efforts of multiple administrations, several legislative sessions and countless hours of work with stakeholders from various entities and agencies.”

Guardianship is one of the most serious legal interventions a person can face, often resulting in the loss of decision-making power over housing, healthcare, finances and more. Yet, as highlighted by the Michigan Elder Justice Initiative, current laws lack the basic legal protections found in other areas of civil law. Breen’s legislation would address this by requiring meaningful court oversight, increasing transparency and establishing consistent statewide standards.

“Too often, vulnerable Michiganders are stripped of their rights with little oversight, few due process protections and no meaningful voice in the courtroom. These bills would put people first and make sure that our laws reflect the seriousness and life-altering nature of guardianship proceedings,” Breen said.

Key reforms in the package include:

  • Requiring professional guardians to obtain court approval before permanently relocating individuals from their homes;
  • Protecting personal belongings – such as family heirlooms – during any move;
  • Mandating that guardians visit those in their care at least once a month to maintain a meaningful relationship; and
  • Strengthening family rights by requiring judges to explain, on the record, why a professional guardian is appointed over a willing family member.

“Being removed from your home, separated from your belongings and placed in a facility by someone you’ve never met should never happen without the highest level of legal scrutiny,” Breen continued. “This legislation ensures that every step in the process is deliberate, transparent and centered on the person’s best interests.”

Additional provisions in the package would enhance the role of the guardian ad litem, improve access to court for individuals under guardianship petitions and require higher-quality medical evidence before a person is declared incapacitated.

“This package is about restoring basic rights to people who are often ignored or silenced,” Breen said. “I’m proud to lead this effort, and I urge my colleagues in the Legislature to join me in passing these long-overdue protections.”

To complement this comprehensive reform effort, state Rep. Sharon MacDonell (D-Troy) introduced House Bill 6272 in 2024, and she plans to reintroduce it this legislative term. This bill aims to ensure that guardianship for individuals with developmental disabilities is a measure of last resort, emphasizing the importance of preserving an individual’s decision-making autonomy.

Breen also plans to work on a fifth bill that would require licensing or certification in order to be an individual’s guardian or conservator.

“Everyone agrees: we need a licensing or certification process. This is crucial to ensure every conservator and guardian is not only qualified, but also fully aware of their fiduciary responsibilities to those entrusted to their care,” Breen concluded. “We’re working diligently to finalize a bill that will bring this crucial protection to fruition very soon.”

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