The Estates and Protected Individuals Code (“EPIC”) was amended, effective February 21, 2024, with significant changes. Importantly, MCL700.5301c was amended to allow for the appointment of a standby guardian in guardianship proceedings.
Generally, a guardian is appointed by a court to make decisions on behalf of an individual that the court has deemed unable to make decisions for themselves. With the amendments, any gaps in guardianship due to unforeseen circumstances, including the death of the guardian, the permanent or temporary unavailability of the guardian, or removal or suspension of the guardian by the court, can be covered by the standby guardian. The standby guardian, therefore, only has limited authority to act and only assumes the powers and duties of a guardian in these specific instances.
The amendment allows for more than one standby guardian, if necessary to the case. In order for a standby guardian to be appointed, a court hearing must be held to determine whether a nominated person is competent, suitable, and willing to serve in the event that the original guardian is unable.
This amendment offers flexibility and reassurance in guardianships since it allows the standby guardians to assume the role of guardian in the event of an emergency.
If you are interested in exploring the option for a loved one, reach out to us at law@greenfeldercopes.com and we will be happy to assist.
