Lucido’s bill to protect incapacitated persons’ right to be visited by loved ones headed to governor

LANSING, Mich. — Another bill sponsored by Sen. Peter J. Lucido is on its way to the governor’s desk for signature.

Senate Bill 110, finalized by the Legislature on Wednesday, seeks to protect the rights of an incapacitated person who is in the care of another person and wishes to be visited by friends and family members.

“The elderly and incapacitated people are often denied the right to be visited by friends and family members because their caretakers won’t allow it,” said Lucido, R-Shelby Township. “I am hopeful Governor Whitmer will sign the bill so we can provide a legal avenue for such visitation to be granted, when a simple request to the caretaker isn’t enough.”

Specifically, SB 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.