Michigan’s New Guardianship Protections: Comparison with Ohio and Missouri

In July 2026, Michigan Governor Gretchen Whitmer signed two bipartisan bills, Senate Bill 585 and Senate Bill 586, aimed at strengthening protections for adults under guardianship. These measures, welcomed by advocates including the National Association to Stop Guardian Abuse (NASGA), address two common points of ward vulnerability in guardianship cases: the sale of a protected person’s real estate and changes to their residence.

What the New Michigan Protections Require

The new law requires a professional appraisal (conducted within the prior six months by a licensed appraiser) before a court may approve the sale of real estate belonging to a person under guardianship or conservatorship. If the court approves a sale below the appraised value, it must justify on the record why the sale is in the person’s best interest.

The law also requires a guardian to obtain court approval before changing the residence of a person under guardianship in most cases. The guardian must demonstrate that the move is in the person’s best interest, explain why it is the least restrictive appropriate setting, describe efforts made to keep the person in their home, and address the impact on relationships and activities. The court must make specific findings.

These are targeted, practical reforms focused on two high-risk decision points where abuse or overreach can quickly strip a person of their home and remaining independence.

Are These Protections Unique? Comparison with Ohio and Missouri

The Michigan protections are not entirely unique, but they tighten and clarify safeguards that vary in strength and specificity across states.

Ohio, for example, already requires court involvement for the sale of a ward’s real estate in most situations. Guardians generally must either obtain consents from the spouse and next of kin and meet an 80%-of-appraised-value threshold (for certain consent sales), or file a formal land-sale action in probate court. 

Appraisals are commonly required or expected. Ohio law also emphasizes consideration of less-restrictive alternatives before guardianship is imposed. However, Ohio does not appear to have as explicit a statutory mandate as Michigan’s new rule requiring a recent professional appraisal and on-the-record justification for any below-appraisal sale in the specific context of a protected person’s home. 

Residence changes are subject to the guardian’s duties and court oversight, but Michigan’s new bill imposes more detailed pre-move petition and best-interest findings requirements.  The weakness in Ohio law is in applying the "least restrictive means" test at the appointment of a guardian, and not requiring it specifically for changes of residency.  In order to protect a ward, a family member or agent would have to contest the change of residency, and a court may simply approve these on recommendation of a guardian in the best interest of the ward.  In short, there is no requirement that a guardian or court assure that a change of residence to an institution is the least restrictive alternate possible. 

Missouri law requires similarly court approval for the sale of real property belonging to a protectee in supervised matters and generally expects the sale price to meet a threshold related to appraised value (commonly referenced as not less than three-fourths in many supervised contexts). Guardians and conservators must act in the protectee’s best interest, and the 2018 reforms (SB 806) strengthened the least-restrictive-alternative principle and reporting requirements. Missouri does not appear to have a recently enacted, narrowly tailored statutory requirement comparable to Michigan’s mandatory recent professional appraisal plus explicit on-the-record justification for below-value sales, nor the same detailed pre-move petition process for residence changes that Michigan just adopted.

Michigan’s new laws are incremental, though, rather than rather than revolutionary. They add clearer, more specific procedural guardrails around two decisions that frequently lead to rapid depletion of a person’s assets and loss of their home. Ohio and Missouri already require court oversight of real-estate sales and impose best-interest standards, but Michigan’s 2026 bills make the appraisal requirement and the residence-change findings more explicit and harder to bypass.

Michigan’s new requirements are welcome incremental protections. They do not, however, eliminate the need for proactive planning. The most effective way to avoid the risks associated with guardianship, i.e., the loss of independence, sacrifice of family input and control, loss of the home, rapid asset depletion, and limited recourse, remains the execution of well-designed estate planning documents such as trusts with aging-in-place and guardianship advanced directives, powers of attorney, and supported decision-making arrangements, carefully drafted and deployed before capacity is lost. Once a court has appointed a guardian, even improved statutory safeguards operate after the fact and depend on judicial oversight that varies in rigor. The Michigan legislation underscores a recurring theme: when guardianship becomes the default response, protecting the person’s remaining property and preferred residence requires specific, enforceable procedural hurdles. Families and advisors in Ohio, Missouri, and elsewhere should note both the progress and the continuing gaps.Thanks to the National Association to Stop Guardianship Abuse (NASGA) for highlighting the signing of the Michigan law. 

Ohio Steps Up to Combat Romance Scams Targeting Seniors

Romance scams are among the most heartbreaking forms of financial exploitation facing older adults. Scammers create fake online relationships, build emotional trust over weeks or months, and then extract money, often under the guise of a crisis, medical emergency, or travel need. The damage is both financial and deeply personal.  According to the FBI, Americans age 60 and older reported losing $584 million to romance scams in 2025 alone, a 50% increase from the prior year. Experts believe the true figure is significantly higher because many victims are too embarrassed to report the crime.

Ohio’s ResponseOhio is taking this threat seriously. In June 2026, Attorney General Andy Wilson announced the Romance Impostor Scams Forensic Initiative during the state’s World Elder Abuse Awareness Day Conference. The initiative formally launched on July 23, 2026.This effort is part of the broader work of the Ohio Attorney General’s Office and the Ohio Elder Abuse Commission to protect seniors from abuse, neglect, and financial exploitation. Key components include:

• A dedicated hotline — 1-855-961-SCAM — for victims and concerned family members to report suspected romance scams
• Enhanced digital forensics support through the Ohio Bureau of Criminal Investigation (BCI)
• Improved information sharing across jurisdictions to identify patterns and networks of scammers
• Educational resources and guidance for victims and their families to help stop further losses

The Attorney General’s Office has also published practical materials, including flyers and palm cards that help seniors and their families recognize the warning signs of a romance scam and know when to act immediately.

Protecting Trust and Dignity

Romance scams exploit loneliness and the natural human desire for connection. They are particularly devastating because they attack both a person’s finances and their dignity. By creating a specialized forensic initiative, a clear reporting channel, and public education tools, Ohio is sending a strong message: these crimes will not be ignored, and seniors and their families will not be left to face them alone.

We commend the Ohio Attorney General’s Office for prioritizing this issue and for equipping older Ohioans and their loved ones with concrete tools to recognize and report these schemes. Education and early intervention remain among the most effective defenses.  

If you or someone you care about may be involved in a suspicious online relationship that has turned to requests for money, do not wait. Call the Ohio hotline at 1-855-961-SCAM or visit the Attorney General’s romance scam resource page for guidance.  Protecting the ability of older adults to age in place safely includes protecting them from those who would exploit their trust. Ohio’s new initiative is a meaningful step in that direction.

Ohio Department of Aging Warns of Scam Calls Targeting Golden Buckeye Participants

The Ohio Department of Aging (AGE) is alerting Ohioans to reports of a phone scam in which individuals falsely claim to represent the Golden Buckeye program.

Residents have reported receiving unsolicited calls from scammers seeking personal information, including protected data such as Social Security numbers. These calls are not from the Ohio Department of Aging.

“This is a phishing attempt. Do not share your personal information with anyone who contacts you claiming to be from the Golden Buckeye program,” said AGE Director Ursel J. McElroy. “The Golden Buckeye program will never call, text, or email you to request personal or financial information.”

Ohioans can report scam attempts to the Federal Trade Commission or to the Ohio Attorney General's Office.  Anyone who believes they may have been a victim of this scam should contact their local law enforcement agency.

Far Fewer People Rely on Institutional Care: CMS Data Highlights the Shift Toward Home-Based Living

A landmark snapshot of America's long-term care landscape compiled by the Centers for Medicare & Medicaid Services (CMS) reveals that far fewer people, just 1.5 million, received institutional services like nursing home care in fiscal year 2023, compared to 8.4 million who benefited from home and community-based services (HCBS). This data, detailed in CMS's October 17, 2025, LTSS Rebalancing Brief, shows that HCBS now accounts for 87.1% of Medicaid long-term services and supports (LTSS) users, a clear sign that the tide is turning toward care that allows people to stay in their homes and communities rather than in facilities. 
For readers of the Aging-in-Place Planning and Elderlaw Blog, this represents validation that aging in place is not only preferred by seniors but increasingly supported by the health care system as a safer and less expensive alternative. As we've championed in "The High Value of Home Health Care" and in our Smart Home Toolkit, HCBS empowers independence at home, saving 42% compared to facilities. This article explains CMS statistics in plain terms, zeroes in on Ohio's ranking, and explores what it means for those seeking to age in place, offering hope amid ongoing challenges such as waitlists and quality concerns.The National Picture: A Dramatic Tilt Toward HCBS
The CMS brief, analyzing FY 2023 data from all 50 states and D.C., paints a picture of progress in rebalancing LTSS away from costly institutions toward flexible, community-focused options. Key highlights include:

• User Breakdown: Of the 9.7 million Medicaid LTSS users, 87.1% (8.4 million) received HCBS, while 12.9% (1.5 million) were in institutional settings like nursing homes or intermediate care facilities. This marks a 5% increase in HCBS users since 2019, driven by states' efforts to expand waivers in light of lessons from COVID.
• Spending Shift: HCBS claimed 63.8% of the $228.6 billion total LTSS expenditures ($145.9 billion), up from 58% in 2021. Institutional care took 36.2% ($82.7 billion), reflecting a $20 billion swing toward home-based options.
• Demographics: 31.7% of HCBS users were 65+, 60.5% aged 21-64, showing HCBS serves working-age disabled adults too, easing family caregiving burdens.
• State Variations: Top performers like Oregon (99.4% HCBS users) contrast with laggards like Mississippi (45.6%), highlighting policy disparities.

This shift isn't accidental: The American Rescue Plan Act (2021) pumped $12.7 billion into HCBS, with 2023 seeing 7.4% spending growth versus 1.3% for institutions. The data underscore HCBS as the future; safer, cheaper, and more humane.

Missouri's Standout Performance: A Model for Aging in Place Success
Missouri deserves special attention in this national picture. The state ranks among the top performers in HCBS rebalancing, with 94.2% of its Medicaid long-term services and supports users receiving care in home or community settings, well above the national average of 87.1%.  Missouri's Family to Family (F2F) waiver and consumer-directed options allow seniors and families to hire relatives as paid caregivers, providing up to 40 hours per week of attendant care, respite, and home modifications. With average funding around $1,800 per month and relatively short waitlists (typically 3 months or less), Missouri has made home-based care accessible and flexible for thousands. 
For Missouri residents seeking to age in place, this strong showing means faster access to aides, therapy, and support services that help keep loved ones safe and independent at home, often at a fraction of the cost of institutional care. It also demonstrates that when states prioritize HCBS, families gain real breathing room, reducing caregiver burnout and the risk of unwanted nursing home placement due to overburden.  Missouri's success story is proof that smart policy can turn the tide toward home, and it offers a blueprint for other states to follow.

Ohio's Ranking: Strong Access, But Quality Concerns Loom
Ohio ranks in the top quartile nationally for its HCBS user rebalancing ratio at 93.3%, meaning 93.3% of its LTSS users receive home or community services, also far above the national average of 87.1%. This reflects Ohio's robust programs, such as PASSPORT (for those aged 60 or over), which serves more than 25,000 people with $2,000/month aides, and MyCare Ohio for dual eligibles. Per capita HCBS spending is $382 (29th nationally), showing solid but not leading investment.  For Ohioans seeking to age in place, this is encouraging: High HCBS usage means shorter waitlists (average 3-6 months) and better access to aides, therapy, and mods, reducing fall risk and caregiver burden. With 25% of Ohioans over 65 by 2030 (Ohio Department of Aging 2025), it's a lifeline for staying home.
But the "high concern" rating for Ohio's HCBS fee-for-service and managed care users (CMS 2023) flags potential quality issues: Inconsistent provider oversight and understaffing in some agencies could undermine effectiveness. For families, this means vetting providers rigorously using our tips, tricks, tools, and strategies, and layering advanced directives with SDM for coordination.What It Means for Those Seeking to Age in Place: Opportunity Amid Challenges
The CMS data is a beacon for aging in place: HCBS's dominance shows the system values home over institutions, where staffing shortages heighten infection, fall, and malpractice risks. Ohio's 93.3% ratio means more seniors have access to waivers like PASSPORT, funding aides to prevent institutionalization. Nationally, HCBS spending saves per person costs compared to facilities.
Challenges persist: Waitlists (6-12 months national) and disparities (e.g., Mississippi's 45.6%) leave almost a quarter of a million seniors and their families in limbo (MACPAC 2025). Ohio's "high concern" signals the need for quality vigilance.Conclusion: HCBS as Home's Ally

CMS's data proves HCBS is winning; Ohio's ranking offers hope for aging in place. While this article has provided a thorough overview of the stats and strategies, it is by no means comprehensive. The landscape evolves rapidly. Readers must remain vigilant. By combining awareness with proactive planning, families can safeguard independence and thrive while aging in place.