HOUSE BILL No. 5236


     January 25, 2000, Introduced by Rep. Martinez and referred to the Committee on Family and Civil Law.


        A bill to amend 1998 PA 386, entitled

   "Estates and protected individuals code,"

   by amending section 5314 (MCL 700.5314).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 5314.  (1) IN EXERCISING A GUARDIANSHIP POWER, A GUARD-

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      IAN SHALL BE GUIDED BY WISHES EXPRESSED BY THE GUARDIAN'S WARD

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      BEFORE THE WARD BECAME LEGALLY INCAPACITATED.  THIS REQUIREMENT

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      INCLUDES THE GUARDIAN'S COMPLIANCE WITH A DURABLE POWER OF ATTOR-

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      NEY OR OTHER ADVANCE DIRECTIVE. Whenever meaningful communication

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      is possible, an incapacitated individual's guardian should con-

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      sult with the incapacitated individual before making a major

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      decision affecting the incapacitated individual.

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           (2) Except as limited under THIS SECTION AND section 5306,

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      an incapacitated individual's guardian is responsible for the

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      ward's care, custody, and control, but is not liable to third


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      persons by reason of that responsibility for the ward's acts.  In

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      particular and without qualifying the foregoing, a guardian has

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      all of the following powers and duties, except as modified by

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      court order:

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           (a) To the extent that it is consistent with the terms of an

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      order by a court of competent jurisdiction relating to detention

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      or commitment of the ward, the guardian is entitled to custody of

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      the person of the guardian's ward and may establish the ward's

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      place of residence within or without this state.  The guardian

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      must notify the court within 14 days of a change in the ward's

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      place of residence.

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           (b) If entitled to custody of the ward, the guardian  must

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      make provision  SHALL PROVIDE for the ward's care, comfort, and

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      maintenance and, when appropriate, arrange for the ward's train-

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      ing and education.  The guardian has the responsibility of secur-

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      ing services to restore the ward to the best possible state of

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      mental and physical well-being so that the ward can return to

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      self-management at the earliest possible time.  Without regard to

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      custodial rights of the ward's person, the guardian must take

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      reasonable care of the ward's clothing, furniture, vehicles, and

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      other personal effects and commence a protective proceeding if

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      the ward's other property  is in need of  NEEDS protection.

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           (c) A guardian may give the consent or approval that  may

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      be  IS necessary to enable the ward to receive medical or other

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      professional care, counsel, treatment, or service.

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           (d) If a conservator for the ward's estate is not appointed,

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      a guardian may DO ALL OF THE FOLLOWING:



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           (i) Institute a proceeding to compel a person under a duty

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      to support the ward or to pay sums for the ward's welfare to per-

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      form that duty.

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           (ii) Receive money and tangible property deliverable to the

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      ward and apply the money and property for the ward's support,

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      care, and education.  The guardian shall not use money from the

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      ward's estate for room and board that the guardian or the

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      guardian's spouse, parent, or child have furnished the ward

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      unless a charge for the service is approved by court order made

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      upon notice to at least 1 of the ward's next of kin, if notice is

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      possible.  The guardian shall exercise care to conserve any

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      excess for the ward's needs.

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           (e) The guardian shall report the condition of the ward and

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      the ward's estate that is subject to the guardian's possession or

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      control, as required by the court, but not less often than

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      annually.  A report under this subdivision must contain all of

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      the following:

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           (i) The ward's current mental, physical, and social

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      condition.

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           (ii) Any improvement or deterioration in the ward's mental,

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      physical, and social condition that occurred during the past

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      year.

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           (iii) The ward's present living arrangement and  any 

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      changes in his or her living arrangement that occurred during the

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      past year.

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           (iv) Whether the guardian recommends a more suitable living

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      arrangement for the ward.



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           (v) Medical treatment received by the ward.

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           (vi) Services received by the ward.

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           (vii) A list of the guardian's visits with, and activities

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      on behalf of, the ward.

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           (viii) A recommendation as to the need for continued

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      guardianship.

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           (f) If a conservator is appointed, the guardian shall pay to

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      the conservator, for management as provided in this act, the

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      amount of the ward's estate received by the guardian in excess of

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      the amount the guardian expends for the ward's current support,

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      care, and education.  The guardian shall account to the conserva-

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      tor for the amount expended.
































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