HOUSE BILL No. 5921


     June 21, 2000, Introduced by Rep. Woronchak 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), as amended by 2000 PA

   54.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 5314.  Whenever meaningful communication is possible, a

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      legally incapacitated individual's guardian should consult with

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      the legally incapacitated individual before making a major deci-

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      sion affecting the legally incapacitated individual.  Except as

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      limited under section 5306, a legally incapacitated individual's

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      guardian is responsible for the ward's care, custody, and con-

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      trol, but is not liable to third persons by reason of that

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      responsibility for the ward's acts.  In particular and without

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      qualifying the  foregoing  PREVIOUS SENTENCE, a guardian has all




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

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      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 THE WARD'S

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      detention or commitment,  of the ward,  the guardian is entitled

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

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      the ward's place of residence within or without this state.  The

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      guardian must notify the court within 14 days of a change in the

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      ward's place of residence.

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

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      make provision for the ward's care, comfort, and maintenance and,

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      when appropriate, arrange for the ward's training and education.

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      The guardian has the responsibility of securing services to

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      restore the ward to the best possible state of mental and physi-

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      cal well-being so that the ward can return to self-management at

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      the earliest possible time.  Without regard to custodial rights

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      of the ward's person, the guardian must take reasonable care of

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      the ward's clothing, furniture, vehicles, and other personal

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      effects and commence a protective proceeding if the ward's other

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      property  is in need of  NEEDS protection.

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

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      necessary to enable the ward to receive medical or other profes-

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      sional 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 ANY 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

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      perform 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.  IF A WARD'S GUARDIAN IS NOT AN INDIVIDUAL, THE GUARD-

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      IAN SHALL ALSO SERVE THE REPORT REQUIRED UNDER THIS SUBDIVISION

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      ON EACH INTERESTED MEMBER OF THE WARD'S FAMILY. A report under

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      this subdivision must contain all of 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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