December 1, 2007, Introduced by Reps. Robert Jones, Rocca, Meadows, Simpson, Constan, Clack, Polidori, Alma Smith, Warren, Lemmons, Hopgood, Ball, Griffin and Dean and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
(MCL 700.1101 to 700.8102) by adding section 5306a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5306a. (1) An individual for whom a guardian is appointed
under section 5306 retains all of the following rights:
(a) To a continuing review of the need for the guardianship as
provided in section 5309.
(b) To be restored to capacity at the earliest possible time.
(c) To be treated humanely, with dignity and respect, and to
be protected against abuse, neglect, and exploitation.
(d) To have a qualified guardian.
(e) To be free from physical or chemical restraints, except as
required to treat medical symptoms, as authorized in writing by a
physician.
(f) To remain as independent as possible, including having the
individual's preference as to place and standard of living honored.
(g) To attend only those religious services of the
individual’s choice.
(h) To have access to newspapers, magazines, books, and other
media.
(i) To maintain possession of family photographs and moving
images, in any medium, legal papers, address books, and family
heirlooms.
(j) To receive prudent financial management and to be informed
how the individual's property is being managed.
(k) To be free from discrimination because of the person's
incapacity.
(l) To have access to the courts and to lodge complaints with
governmental agencies, health care facilities, and the courts,
without reprisal.
(m) To have access to and to meet privately with legal
counsel.
(n) To meet privately with the individual's spouse.
(o) If residing in a licensed long-term care facility, to be
visited by representatives of the state long-term care ombudsman
established under section 6 of the older Michiganians act, 1981 PA
180, MCL 400.586, and of any agency designated to implement
protection and advocacy programs under section 931 of the mental
health code, 1974 PA 258, MCL 330.1931.
(p) To receive notice of all proceedings.
(q) To privacy.
(2) Unless specifically restricted by court order upon good
cause shown, an individual for whom a guardian is appointed under
section 5306 retains all of the following rights to the extent
allowed by law:
(a) To associate with individuals of his or her choice,
including meeting privately with family or friends.
(b) To send and receive mail, including electronic mail,
unopened.
(c) To make and receive telephone calls, in private.
(d) To attend social gatherings, cultural events, or meetings
of community groups.
(e) To seek and retain gainful employment and participate in
volunteer activities.
(f) To personally apply for government benefits.
(g) To have a driver license.
(3) Within 7 days after being appointed, a guardian shall
inform the ward orally and in writing of his or her rights
enumerated in this section.
(4) The enumeration of rights in this section does not
preclude other rights being retained by an individual for whom a
guardian is appointed.
(5) Violation of a right enumerated in this section by a
guardian is cause for removal of the guardian in a proceeding under
section 5310.
(6) If a court finds that a guardian has violated a right
enumerated in this section, the court shall consider whether the
guardian has violated the rights of any other individual for whom
the guardian serves as a guardian. If the court determines that the
guardian has violated the rights of another ward, the court shall
take appropriate action, which may include removing the guardian as
guardian for other individuals and prohibiting the guardian from
being appointed as guardian in the future.