HB 5740 — Probate: guardians and conservators; requirements upon discovery of certain assets; provide for. Amends secs. 5106, 5314 & 5319 of 1998 PA 386 (MCL 700.5106 et seq.).

HB-5740, As Passed House, June 3, 2026 SUBSTITUTE FOR HOUSE BILL NO.

(2) The court shall only appoint a professional guardian or DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 professional conservator as authorized under subsection (1) if the court finds on the record all of the following:

If a professional guardian or professional conservator appointed or approved under this section receives or is to receive compensation or other benefits as a result of that appointment from a person other than DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 this state, a political subdivision of this state, or a trust created under section 5407(2), the professional guardian or professional conservator shall file with the appointing or approving court a written statement of the compensation or other benefit received or to be received, including the source of the compensation or other benefit, in a form and in a manner prescribed by the Michigan court rules.

The DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 authorization under this subsection confers the fiduciary capacity only to the extent necessary in the particular matter of each appointment and is not a general grant of fiduciary authority.

The guardian shall secure services to restore the ward to the best possible state of mental and physical well-being so that the ward DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 can return to self-management at the earliest possible time.

As used in this subdivision, "involuntary mental health treatment" means that term DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.

DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 (i) Not more than 14 days before executing the physician orders for scope of treatment form, visits the ward and, if meaningful communication is possible, consults with the ward about executing the physician orders for scope of treatment form.

The guardian shall not use money from the ward's estate for room and board that the guardian or the guardian's spouse, parent, or child have furnished the ward unless a charge for the service is approved by court order made on notice DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 to at least 1 of the ward's next of kin, if notice is possible.

DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq 1 (x) A list of the guardian's visits with, and activities on behalf of, the ward.

(2) If a conservator has not been appointed for a ward's estate and the guardian determines that there is more cash DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq accumulates or discovers property that has a greater value than $25,000.00 or other property that is readily convertible into cash in the ward's estate, than was estimated by the guardian ad litem and reported to the court, the guardian shall report the amount of the additional cash or property to the court not later than 14 days after discovery.

Final Page DAW H05783'25 (H-1)(H-1)_HB5740_APH_1 a96zs1x94jyq