On July 23, 2026, two bills were enacted and made immediately effective that affect the administration of guardianship and conservatorship matters.
Senate Bill 585- amending MCL 700.5423 (3), requires Petitions Regarding Real Estate/Dwelling (PC 646) must now include an appraisal of the value of the property conducted within the preceding 6 months by a professional licensed appraiser.
Senate Bill 586- MCL 700.5306b is a new statute which states an individual has a right, if possible, to remain in their own surroundings or, if not possible, in the least restrictive environment. The new law requires that before moving a ward from their permanent residence, a guardian must file a petition with the court, the court must appoint a GAL, and a hearing must be held within 28 days.
The statute states the guardian must use a petition created by the State Court Administrative Office (SCAO) form for the Petition to Change Residence, however no form has yet been created by the SCAO. A Petition to Change Permanent Residence of Legally Incapacitated Individual (PEMH 1152) and an Order on Petition to Change Permanent Residence of Legally Incapacitated Individual (PEMH 1153) have been created to assist in the meantime.
The forms are available on the Oakland County Probate Court’s website at www.oakgov.com/probate, under News on the Home page as well as “Probate Court Forms: In House” under “Resources.”
Once the SCAO forms are created, their use will be required, pursuant to MCR 5.113(A).
Senate Bill 585- amending MCL 700.5423 (3), requires Petitions Regarding Real Estate/Dwelling (PC 646) must now include an appraisal of the value of the property conducted within the preceding 6 months by a professional licensed appraiser.
Senate Bill 586- MCL 700.5306b is a new statute which states an individual has a right, if possible, to remain in their own surroundings or, if not possible, in the least restrictive environment. The new law requires that before moving a ward from their permanent residence, a guardian must file a petition with the court, the court must appoint a GAL, and a hearing must be held within 28 days.
The statute states the guardian must use a petition created by the State Court Administrative Office (SCAO) form for the Petition to Change Residence, however no form has yet been created by the SCAO. A Petition to Change Permanent Residence of Legally Incapacitated Individual (PEMH 1152) and an Order on Petition to Change Permanent Residence of Legally Incapacitated Individual (PEMH 1153) have been created to assist in the meantime.
The forms are available on the Oakland County Probate Court’s website at www.oakgov.com/probate, under News on the Home page as well as “Probate Court Forms: In House” under “Resources.”
Once the SCAO forms are created, their use will be required, pursuant to MCR 5.113(A).
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