Michigan Compiled Laws 258-1974-6 Chapter 6 Guardianship For The Developmentally Disabled (330.1600...330.1644)

• Section 330.1600 Definitions.
  As used in this chapter, unless the context requires otherwise: (a) “Facility” means all of the following that regularly admit individuals with developmental disability...
• Section 330.1602 Guardianship; Use; Design; Limitation; Partial Guardianship.
  (1) Guardianship for individuals with developmental disability shall be utilized only as is necessary to promote and protect the well-being of the individual, including...
• Section 330.1604 Jurisdiction; Provisions Applicable To Appointment Of Guardian.
  (1) The court has jurisdiction over guardianship proceedings for developmentally disabled persons. (2) An appointment of a guardian for a developmentally disabled person shall...
• Section 330.1606 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to court as guardian.
• Section 330.1607 Court As Guardian; Appointment Of Temporary Guardian; Hearing; Rights And Privileges Of Respondent.
  (1) A court, upon filing of a petition for guardianship under this chapter and before the appointment of a plenary or partial guardian, or...
• Section 330.1608 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to temporary guardians.
• Section 330.1609 Petition For Appointment Of Guardian; Filing; Contents.
  (1) A petition for the appointment of a guardian for an individual who is developmentally disabled may be filed by an interested person or...
• Section 330.1610 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to filing petition for appointment of guardian.
• Section 330.1612 Petition For Appointment Of Guardian; Accompanying Report; Psychological Tests; Evaluations; Availability Of Report.
  (1) The petition for the appointment of a guardian for an individual who has a developmental disability shall be accompanied by a report that...
• Section 330.1614 Hearings; Date And Place; Notice.
  (1) Upon the filing of a petition, the court shall fix a date and a place for a hearing to be held within 30...
• Section 330.1615 Right To Legal Counsel; Appointment Of Counsel; Preferred Counsel; Compensation Of Appointed Counsel.
  (1) A respondent is entitled to be represented by legal counsel. (2) Unless an appearance has been entered on behalf of the respondent, the...
• Section 330.1616 Guardian Ad Litem.
  If, after a petition has been filed, the court determines that the respondent requires a person to represent his or her best interests and...
• Section 330.1617 Right To Jury; Evidence; Witnesses; Closing Hearing To Public; Presence Of Respondent; Testimony Of Person Who Prepared Report Or Performed Evaluation; Independent Evaluation.
  (1) A respondent in a guardianship proceeding conducted pursuant to this chapter may demand that a jury decide any issue or issues of fact....
• Section 330.1618 Hearing; Powers And Duties Of Court.
  (1) The court, at a hearing convened under this chapter for the appointment of a guardian, shall do all of the following: (a) Inquire...
• Section 330.1620 Contents Of Court Order Establishing Partial Guardianship; Legal And Civil Rights; Effect Of Appointment Of Partial Guardian.
  (1) A court order establishing partial guardianship shall contain findings of fact, shall define the powers and duties of the partial guardian so as...
• Section 330.1622 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to examination by court of proposed and alternative living arrangements.
• Section 330.1623 Placement Of Individual With Developmental Disability In Facility; Appropriateness Of Placement; Appropriate Treatment And Residential Programs; Reports From Public Agencies.
  (1) A guardian, whether plenary or partial, appointed under this chapter shall not have the power, unless specified by court order, to place an...
• Section 330.1624 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to testimony as condition to appointment of guardian.
• Section 330.1626 Duration Of Term Of Guardianship; New Petition For Guardianship.
  (1) Before the appointment of a guardian, the court shall consider the duration of the term of guardianship. The duration of the term shall...
• Section 330.1628 Qualifications Of Guardian; Preference.
  (1) The court may appoint as guardian of an individual with a developmental disability any suitable individual or agency, public or private, including a...
• Section 330.1629 Routine Or Emergency Medical Treatment Or Surgery Or Extraordinary Procedures; Liability Of Guardian.
  (1) A guardian, temporary guardian, plenary, partial, or standby guardian shall not be liable for civil damages by reason of authorizing routine or emergency...
• Section 330.1630 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to report of guardian.
• Section 330.1631 Guardian; Duties; Filing, Contents, And Review Of Report.
  (1) To the extent ordered by the court, the plenary guardian of the person shall have and a partial guardian of the person may...
• Section 330.1632 Guardian As Fiduciary.
  Whenever the court appoints a plenary guardian of the estate or a partial guardian with powers or duties respecting real or personal property, that...
• Section 330.1634 Notice Of Right To Dismiss Guardian Or Modify Guardianship Order; Procedures.
  At the time of the appointment of a guardian, the court shall make a reasonable effort to verbally inform the individual of the individual's...
• Section 330.1636 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to petition for order dismissing guardian or modifying guardianship order.
• Section 330.1637 Discharge Or Modification Order; Petition; Hearing; Order.
  (1) A guardian for an individual with a developmental disability or the individual's estate who was appointed before the effective date of this act...
• Section 330.1638 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
  Compiler's Notes: The repealed section pertained to proceedings by court upon receipt of petition.
• Section 330.1640 Standby Guardian.
  (1) At a hearing convened pursuant to this chapter the court may designate 1 or more standby guardians whose appointment shall become effective without...
• Section 330.1642 Testamentary Guardian.
  (1) The surviving parent of a minor with a developmental disability for whom a guardian has not been appointed may by will appoint a...
• Section 330.1644 Termination Of Guardianship; Legal And Civil Rights; Applicability Of Section To Termination By Term Expiration And Court Order.
  Upon termination of a guardianship, the developmentally disabled person regains all legal and civil rights that had been designated as legal disabilities or specifically...

Last modified: October 10, 2016