SENATE BILL No. 1388

September 27, 2000, Introduced by Senators HAMMERSTROM, JOHNSON, STEIL,

BULLARD, GOSCHKA, HART and SHUGARS and referred to the Committee on

Families, Mental Health and Human Services.

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:

1 Sec. 5314. Whenever meaningful communication is possible,

2 a A legally incapacitated individual's guardian should SHALL

3 consult with the legally incapacitated individual before making a

4 major decision affecting the legally incapacitated individual.

5 Except as limited under section 5306, a legally incapacitated

6 individual's guardian is responsible for the ward's care, custo-

7 dy, and control, but is not liable to third persons by reason of

8 that responsibility for the ward's acts. In particular and

9 without qualifying the foregoing PROVISIONS IN THE PREVIOUS

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1 SENTENCES, a guardian has all of the following powers and duties,

2 except as modified by court order:

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

4 order by a court of competent jurisdiction relating to THE WARD'S

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

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

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

8 WARD'S GUARDIAN SHALL VISIT THE WARD WITHIN 3 MONTHS AFTER THE

9 GUARDIAN'S APPOINTMENT AND NOT LESS THAN ONCE WITHIN 3 MONTHS

10 AFTER EACH PREVIOUS VISIT. The guardian must notify the court

11 within 14 days of a change in the ward's place of residence.

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

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

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

15 The guardian has the responsibility of securing SHALL SECURE

16 services to restore the ward to the best possible state of mental

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

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

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

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

21 other personal effects and commence a protective proceeding if

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

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

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

25 professional care, counsel, treatment, or service.

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

27 a guardian may DO ALL OF THE FOLLOWING:

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

2 to support the ward or to pay sums MONEY for the ward's welfare

3 to perform that duty.

4 (ii) Receive money and tangible property deliverable to the

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

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

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

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

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

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

11 possible. The guardian shall exercise care to conserve any

12 excess for the ward's needs.

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

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

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

16 annually. THE GUARDIAN SHALL PROVIDE A COPY OF THE REPORT TO THE

17 WARD AND TO EACH INTERESTED PERSON. A report under this subdivi-

18 sion must contain all of the following:

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

20 condition.

21 (ii) Any improvement IMPROVEMENT or deterioration in the

22 ward's mental, physical, and social condition that occurred

23 during the past year.

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

25 changes in his or her living arrangement that occurred during the

26 past year.

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1 (iv) Whether the guardian recommends a more suitable living

2 arrangement for the ward.

3 (v) Medical treatment received by the ward.

4 (vi) Services received by the ward.

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

6 on behalf of, the ward.

7 (viii) A recommendation as to the need for continued

8 guardianship.

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

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

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

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

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

14 tor for the amount expended.

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