The Overview

If you have a family member under guardianship in Michigan, a guardian can no longer move that person out of their permanent home without a court's approval. Michigan's SB 586 became law when Gov. Gretchen Whitmer (D) signed it July 21. ​

Second Wave reported in 2024 that Michigan's adult guardianship system has drawn concerns about people being moved from long-time homes into nursing homes and separated from loved ones, while the state attorney general's office says residents have raised concerns about limited due process at guardianship hearings. The law took effect July 23.

What the Law Does

The law amends the Estates and Protected Individuals Code by requiring a guardian to file a court petition before moving a legally incapacitated person from their permanent home. A court must appoint a guardian ad litem and hold a hearing within 28 days, and may approve the move only on clear and convincing evidence that it protects the individual's health or safety, places them in the least restrictive suitable environment, and is not arranged primarily for the guardian's convenience.

If the person objects, the court must appoint legal counsel for them. A guardian may skip the petition only if a court previously authorized the move or an emergency exists; in an emergency, the guardian must notify the court of the temporary residence within 14 days. The Michigan Hospital Association said in August 2026 that the new law could affect hospital discharge planning, because guardians generally must get court approval before changing a ward's permanent residence.

Legislative Status

Sen. Ruth Johnson (R-MI-24) sponsored the bill, and eight Democratic senators co-sponsored it: Sen. Jeff Irwin, Sen. Dayna Polehanki, Sen. Stephanie Chang, Sen. Veronica Klinefelt, Sen. Mallory McMorrow, Sen. Erika Geiss, Sen. Sylvia Santana, and Sen. Sue Shink. It passed without a single opposing vote: 35–0 in the Senate on Dec. 18, 2025, and 107–0 in the House on July 3, 2026. The Michigan Elder Justice Initiative celebrated the law's passage, saying it responds to the practice of guardians immediately removing people in their care from their homes, according to MEJI.

---

AllCiv makes it easy to stay politically informed and involved.

---

Spot something wrong? Report an issue with this article