House panel moves Lucido’s bill to protect incapacitated persons’ right to be visited by loved ones

LANSING, Mich. — The state House Judiciary Committee voted on Tuesday to support legislation that would help protect the rights of an incapacitated person who is in the care of another and wishes to be visited by friends and family members.

“Too often we hear of the elderly and incapacitated being denied the right to be visited by friends and family members because their caretaker won’t allow it,” said Sen. Peter J. Lucido, R-Shelby Township, the bill sponsor. “That is why I have introduced legislation to provide a legal avenue for such visitation to be granted, when a simple request to the caretaker isn’t enough.”

Specifically, Senate Bill 110 would allow courts to appoint a limited guardian to supervise an incapacitated person’s access to relatives or others. After a clear and convincing finding that a caretaker was denying access to an incapacitated person, and that the person would be best served by having a relationship with the person seeking access, the bill would allow a court to appoint a limited guardian to supervise access with the person being denied access.

Currently, a person who is the caretaker, guardian or conservator of an incapacitated person has control of visitation and contact, which allows them to deny others contact.

The bill awaits further action by the House of Representatives.