Michigan Compiled Laws 386-1998-v-3 Part 3 Guardians Of Incapacitated Individuals (700.5301...700.5319)

• Section 700.5301 Appointment Of Guardian For Incapacitated Person By Will Or Other Writing.
  (1) If serving as guardian, the parent of an unmarried legally incapacitated individual may appoint by will, or other writing signed by the parent...
• Section 700.5301a Appointment Of Guardian In Another State As Temporary Guardian.
  (1) If a guardian has not been appointed in this state and a petition for the appointment of a guardian is not pending in...
• Section 700.5302 Guardianship Proceedings; Venue.
  The venue for a guardianship proceeding for an incapacitated individual is in the place where the incapacitated individual resides or is present. If the...
• Section 700.5303 Court Appointment Of Guardian Of Incapacitated Person; Petition; Alternatives To Appointment Of Full Guardian; Hearing.
  (1) An individual in his or her own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity...
• Section 700.5304 Evaluation And Report; Hearing.
  (1) If necessary, the court may order that an individual alleged to be incapacitated be examined by a physician or mental health professional appointed...
• Section 700.5305 Guardian Ad Litem; Duties; Compensation; Legal Counsel.
  (1) The duties of a guardian ad litem appointed for an individual alleged to be incapacitated include all of the following: (a) Personally visiting...
• Section 700.5306 Court Appointment Of Guardian Of Incapacitated Person; Findings; Appointment Of Limited Guardian; Effect Of Patient Advocate Designation.
  (1) The court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian...
• Section 700.5306a Rights Of Individual For Whom Guardian Is Sought Or Appointed; Form.
  (1) An individual for whom a guardian is sought or has been appointed under section 5306 has all of the following rights: (a) To...
• Section 700.5307 Jurisdiction Over Guardian.
  By accepting appointment, a guardian personally submits to the court's jurisdiction in a proceeding relating to the guardianship that may be instituted by an...
• Section 700.5308 Termination Of Guardian's Authority And Responsibility.
  The guardian's authority and responsibility for a legally incapacitated individual terminates upon the death of the guardian or ward, upon the determination of incapacity...
• Section 700.5309 Review Of Guardianship.
  The court shall review a guardianship not later than 1 year after the guardian's appointment and not later than every 3 years after each...
• Section 700.5310 Resignation Or Removal Of Guardian.
  (1) On petition of the guardian and subject to the filing and approval of a report prepared as required by section 5314, the court...
• Section 700.5311 Appointment Or Removal Of Guardian; Notice Of Hearing.
  (1) In a proceeding for the appointment or removal of an incapacitated individual's guardian, other than the appointment of a temporary guardian or temporary...
• Section 700.5312 Court Exercise Of Power Of Guardian; Temporary Guardian.
  (1) If an individual does not have a guardian, an emergency exists, and no other person appears to have authority to act in the...
• Section 700.5313 Guardian; Qualifications.
  (1) The court may appoint a competent person as guardian of a legally incapacitated individual. The court shall not appoint as a guardian an...
• Section 700.5314 Powers And Duties Of Guardian.
  Whenever meaningful communication is possible, a legally incapacitated individual's guardian shall consult with the legally incapacitated individual before making a major decision affecting the...
• Section 700.5315 Payments For Care Of Ward; Claims At Death.
  (1) To the extent granted by the court under section 5306, the guardian of an individual for whom a conservator also is appointed controls...
• Section 700.5316 Partial Management Of Property By Ward.
  To encourage self-reliance and independence in a legally incapacitated individual, the court may authorize the individual to function without the consent or supervision of...
• Section 700.5317 Guardianship Proceedings; Concurrent Jurisdiction.
  (1) The court in the county where the ward resides has concurrent jurisdiction over resignation, removal, accounting, and other proceedings relating to the guardianship...
• Section 700.5318 Third Person Dealing With Guardian.
  If a third person is dealing with a guardian or is assisting a guardian in the conduct of a transaction, the third person may...
• Section 700.5319 Appointment Of Conservator Or Protective Order; Report Of Amount Of Additional Cash Or Property.
  (1) If the court determines that financial protection is required for the ward, the court may order the guardian to petition for the appointment...

Last modified: October 10, 2016