img1EPIC; PROTECTED INDIVIDUAL'S RESIDENCE        S.B. 585 & 586:

        SUMMARY OF INTRODUCED BILL

        IN COMMITTEE

 

 

 

 

 

 

Senate Bills 585 and 586 (as introduced 9-25-25)

Sponsor: Senator Jeff Irwin (S.B. 585)

              Senator Ruth Johnson (S.B. 586)

Committee: Housing and Human Services

 

Date Completed: 10-31-25

 

 

CONTENT

 

Senate Bill 585 would amend Part 4 (Protection of Property of an Individual Under Disability or of a Minor) of the Estates and Protected Individuals Code (EPIC) to require a court, when considering whether to allow a conservator to sell or mortgage a protected individual’s property, to include in its consideration of the property’s value an appraisal conducted within the previous six months.

 

Senate Bill 586 would amend Part 3 (Guardians of Incapacitated Individuals) of EPIC to prohibit a court from granting a guardian the authority to change an incapacitated individual’s residence unless the court found that the change was in the incapacitated individual’s best interest.

 

Senate Bill 585

 

Generally, EPIC governs matters related to protected individuals, such as individuals who by reason of age or physical impairment cannot manage their own affairs. The court may appoint a conservator to manage the assets of a protected individual; however, EPIC prohibits a conservator from selling, mortgaging, or pledging, or causing a lien against, a protected individual’s property without approval of the court. A court may approve such an action if, after a hearing, the court considers evidence of the value of the property and otherwise determines that the action is in the protected individual's best interest. 

 

The bill would require a court to include in its consideration of the value of property an appraisal conducted within the preceding six months by a licensed real estate appraiser.

 

Senate Bill 586

 

The Estates and Protected Individuals Code also allows a court to appoint a guardian to care for an incapacitated individual if the court finds that the appointment is necessary as a means of providing the individual continuous care.

 

The bill would prohibit a court from granting a guardian the authority to change the incapacitated individual's residence unless the court found on the record that a change in residence was in the incapacitated individual's best interest. The bill also would remove language requiring a guardian to notify the court within 14 days of a change in the incapacitated individual’s residence.

 

MCL 700.5423 (S.B. 585)        Legislative Analyst: Abby Schneider

       700.5306 & 700.5314 (S.B. 586)

 

 

 

FISCAL IMPACT

 

The bills would have no fiscal impact on State or local courts.

 

        Fiscal Analyst: Michael Siracuse

SAS\S2526\s585sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.