Michigan

Overview

To date, Michigan has not passed any supported decision-making legislation, but does it have any supported decision-making legislation pending. Michigan guardianship law indicates that “[g]uardianship for individuals with developmental disability should be utilized only as necessary,” “shall take into account the individual’s abilities; [and] shall be designed to encourage the development of maximum self-reliance and independence in the individual . . .”, but at least one petition for guardianship has been denied in favor of supported decision-making. Mich. Comp. Laws § 330.1602.

Guardianship Laws

View Information

Mich. Comp. Laws Ann. §§ 700.5101a to 5319; Mich. Comp Laws 700.5401 a to .5433

Supported Decision-Making

State Legislation

Enacted

None found

Pending

H.B. 5407, 2023-2024 Gen. Session (MI 2023)
- Description: Identifies supported decision-making as an alternative to guardianship.
- Status: Passed in the House on October 24, 2023; referred to the Committee on Civil Rights, Judiciary, and Public Safety on October 25, 2023.
H.B. 4767 103rd Leg. Reg. Sess.
- Description: Requires before appointing a guardian for an individual with a developmental disability, the court shall consider whether the individual’s needs may be met without appointing a guardian by a less restrictive alternative, including, but not limited to Supported Decision-Making Agreement as defined in this bill.
- Status: Pending, introduced and referred to Committee on Families and Veterans June 25, 2025
H.B. 4677 103rd Leg. Reg. Sess.
- Description: States the court shall provide the person intending to file the petition with written information that sets forth alternatives to appointment of a full guardian, including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, or supported decision-making, and an explanation of each alternative. As used in this subsection, “supported decision-making” means a process through which incapacitated individuals work with friends, family members, and professionals who help them understand the situation and choices they face so they may make their own decisions.
- Status: Pending, introduced and referred to Committee on Families and Veterans June 25, 2025