A major licensing and compliance mandate buried in Michigan's guardianship reform bill will reshape how professional guardians operate—and most don't know it's coming.
Most professional guardians and conservators in Michigan have no idea that a significant licensing requirement is headed their way. Buried in Senate Bill 1114, signed into law, is a provision that will require anyone operating as a professional guardian or conservator to obtain a state license, pass a national exam, and meet ongoing compliance standards—or stop practicing.
Under Section 5106a(1)(a)-(b) of the amended Michigan Probate Code, beginning two years after the effective date of the amendatory act, every individual operating as a professional guardian or professional conservator must:
This applies not just to solo practitioners, but to small businesses that employ professional guardians or conservators. If your firm operates in this space, the law treats your employees' licensing as your compliance responsibility.
The requirement targets individuals whose primary occupation is serving as a guardian or conservator for compensation. If you manage estates, handle conservatorships, or provide guardianship services as a core business line in Michigan, you're in scope.
The law does not appear to exempt part-time practitioners or those who handle guardianship work alongside other professional services, though the exact boundaries of "professional guardian" and "professional conservator" will likely be clarified through Michigan's regulatory implementation process.
You have a two-year window from the effective date of the amendatory act. SB1114 does not specify a single effective date in the bill text itself; the licensing requirement becomes operative two years after the section adding 5106a takes effect. This means you should monitor the Michigan Legislature's official website and the State Bar of Michigan for the exact effective date once it is formally published.
In practice, this gives you time to:
This is not a light compliance lift. Licensing regimes create ongoing obligations—missed renewal deadlines, lapsed insurance, or failure to complete continuing education can result in loss of license and inability to practice. For small firms, this means operational risk and potential liability exposure if unlicensed individuals continue to perform guardianship or conservatorship work.
The good news: you have two years to prepare. The challenge: most practitioners and firms don't yet know this requirement exists, which means planning should start now.
For a detailed, business-specific breakdown of SB1114's guardianship licensing requirements and implementation timeline, consult with your professional association or legal counsel familiar with Michigan probate practice.