Water affordability, energy efficiency bills also advance
By: Kyle Davidson
Members of the Michigan Senate Housing and Human Services Committee on Tuesday heard from real estate professionals, elder justice advocates and others on bipartisan bills inspired by the attorney general’s Elder Abuse Task Force to better protect people under guardianship.
The bills, introduced by the committee’s Chair Jeff Irwin (D-Ann Arbor) and Sen. Ruth Johnson (R-Holly), require an appraisal if a conservator is looking to sell their ward’s home. The package also requires a court to find that it is in an individual’s best interest should their appointed guardian seek to change their residence.
“When you have this sort of situation where someone has someone else appointed to handle their affairs and handle their personal financial details, that process is not just difficult and nuanced for everyone, but it does create opportunities for abuse,” Irwin said.
During her time as both the Michigan Secretary of State and a lawmaker, Johnson said she’d spoken to dozens of families who watched as their loved one was removed from their home without a hearing and their house was sold far below market value.
“These families have no legal recourse. That’s because once an order is signed appointing a guardian, they have almost completely unchecked control to make these decisions,” Johnson said, noting that there are currently no minimum standards, education, certification or licensing requirements for guardians who are not related to their ward, often referred to as professional guardians.
As such, there is not an authority where individuals can report unethical behavior, Johnson said.
Testifying before the committee in support of the bills, journalist Gretchen Rachel Hammond pointed to an investigation she’d conducted alongside a team of journalists and forensic accountants examining 2,278 cases filed before all four of Oakland County’s probate court judges, centered on four probate attorneys acting as professional guardians.
“At the time of our investigation, the wards of whom they were given charge numbered in the hundreds per guardian,” Hammond said. “In 97% of the cases we examined within a month of being declared an incapacitated ward, an individual, or in some cases, siblings or a husband and wife, were removed from their home by the guardians.”
The investigation saw these individuals removed from their homes and placed into “subhuman and dangerous” living conditions, while their property was dispensed of without further oversight from the probate court judge, Hammond said.
“It is a lack of oversight in Michigan and states across the country that has opened the door for professional guardians to engage in crimes that were frankly shocking, heartbreaking and occurred in plain view of a state and judge who had given them encompassing unchecked power over the lives of their victims,” Hammond said.
While the bill received support from members of the Michigan Elder Justice Initiative, the Michigan Guardianship Association and Michigan Realtors, which advocates for real estate professionals, some attendees offered their thoughts on how the bills could be improved.
Alison Hirschel, program director and managing attorney of the Michigan Elder Justice Initiative, asked for some additional protections within Johnson’s Senate Bill 586 to ensure individuals under guardianship are only moved from their residency when it is appropriate, and to a place that meets their needs.
Hirschel’s proposal would require guardians seeking to move a ward to include details such as the reason for the move, efforts to keep the person in their home with added support, whether the new setting is more restrictive, the move’s impact on the person and their relationships, and whether the individual agrees with it.
Hirschel also requested language requiring the court appoint a guardian ad litem in these cases to act in the ward’s best interest, and set a hearing, alongside laying out the duties of the guardian ad litem to ensure the court makes a determination in the matter that is in the individual under guardianship’s best interests.
Hirschel also advocated for the court to appoint counsel for a person who is opposing the move, or for whom the move may not be in their best interest.
Additionally, she requested language laying out procedures so that a judge can determine in situations like a temporary emergency move whether that move should be permanent, while requiring the guardian to maintain their ward’s residence to the greatest extent possible until permission is given.
“Finally, if a sale is necessary, we want to make sure that the guardian makes reasonable efforts to communicate with the individual and family about preserving some items that are of great sentimental value to the person,” Hirschel said, noting that her group had heard a number of stories where guardians had disposed of items that held enormous meaning to their wards and the individual’s family.
Rana Lechlitner of the Michigan Guardianship Association said that the group appreciates the intent behind the two bills, but noted Irwin’s Senate Bill 585 would require a conservator to pay for an appraisal of their charge’s home out of pocket, adding additional financial strain to an already stressful role.
Additionally, in most conservatorship cases, the list price for a house is established before the house is placed on the market, Lechlitner said, though the approval process varies widely across counties.
“We believe there is an opportunity to build on these strong local practices by considering a uniform statewide standard that protects individuals assets without imposing unnecessary costs or delay,” Lechlitner said.
Jennifer Warnos, the executive director of Guardianship Finance and Advocacy Services also offered her support for the policies alongside suggestions to improve Johnson’s bill, including clarification that a judge can provide approval to move someone under guardianship from their residency after they have already been moved due to an emergency situation.
Instead of mandating a full court hearing to determine if an individual under guardianship should be moved, Warnos asked if the judge could place their written approval or denial within a case file to meet the bill’s requirements, in order to avoid burdening with the legal fees associated with a court appearance and filings.
Warnos urged lawmakers to include family members under the two bills’ regulations and to clarify the definition of “residence” in Johnson’s bill, warning it could pose challenges for high-needs wards who move often. She also noted that guardianship clients range in age from 18 and up, not just older adults.
Committee advances policies on water affordability, energy efficiency improvements for low income households
Before taking testimony on the Irwin and Johnson bills, the committee advanced a package of water affordability bills to the Senate floor after similar efforts stalled last session.
Senate Bills 248–256, led by state Sen. Stephanie Chang (D-Detroit) passed the committee without opposition, though Sen. Jonathan Lindsey (R-Coldwater) opted to pass while voting on several bills in the package.
The committee also referred another policy, Senate Bill 562, to the Senate floor. The bill would direct more federal Low Income Home Energy Assistance Program funds toward housing upgrades by removing the state’s 15% cap on weatherization funding and requiring at least 12.5% go to improvements such as insulation, air sealing, thermostat installation and furnace upgrades.
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Michigan Senate panel reviews bills to curb exploitation by professional guardians

















