Gov. Gretchen Whitmer recently signed Public Act 69 of 2026, formerly Senate Bill 586, which creates new requirements for guardians seeking to change a ward’s permanent residence and may affect hospital discharge planning for patients who require placement in a long-term care setting.
Under the new law, guardians must obtain court approval before changing a ward’s permanent residence except in limited circumstances. While temporary placements, including short-term rehabilitation stays, appear to be permitted, hospitals should review the legislation and consult legal counsel to understand how the new requirements may affect discharge planning for incapacitated patients who require a permanent change in residence.
The MHA was not involved in the development of this legislation and understands that the additional probate court steps may create barriers to timely care transitions, prolong hospital stays and increase administrative burdens for patients, families, guardians and providers. The association believes the law is a step backward in addressing guardianship issues and reducing discharge delays.
The MHA is evaluating options to address these concerns and will continue advocating for solutions that support safe, timely transitions of care while maintaining appropriate protections for individuals under guardianship. Hospitals are encouraged to familiarize themselves with the new law, assess potential operational impacts and share any challenges or examples with the MHA as the law takes effect.
Members experiencing guardianship-related discharge challenges are encouraged to share examples with the MHA.
Members with questions may contact Kelsey Ostergren at the MHA.
Full Article & Source:
New Guardianship Law May Affect Hospital Discharge Planning
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