SB-0539, As Passed House, December 12, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 539

(As amended December 11, 2012)

     A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending sections 5313 and 5433 (MCL 700.5313 and 700.5433),

section 5313 as amended by 2000 PA 463, and by adding sections

5202a and 5301a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5202a. (1) If a guardian has not been appointed in this

state and a petition for the appointment of a guardian is not

pending in this state, a guardian appointed, qualified, and serving

in good standing in another [STATE ] may be appointed

immediately as temporary guardian in this state on filing with a

court in this state an application for appointment, an

authenticated copy of the guardian's appointment in the other

[STATE, ] and an acceptance of appointment. Letters of

Senate Bill No. 539 (H-1) as amended December 11, 2012

guardianship for the temporary guardian expire 28 days after the

date of appointment.

     (2) Within 14 days after appointment as temporary guardian

under subsection (1), the guardian shall give notice to all

interested persons of his or her appointment and the right to

object to the appointment. On filing proof of service of the notice

with the court, the temporary guardian shall be appointed full

guardian and the court shall issue letters of guardianship

accordingly.

     (3) If an objection is filed to a guardianship under this

section, the guardianship continues unless a court in this state

enters an order removing the guardian.

     Sec. 5301a. (1) If a guardian has not been appointed in this

state and a petition for the appointment of a guardian is not

pending in this state, a guardian appointed, qualified, and serving

in good standing in another [STATE ] may be appointed

immediately as temporary guardian in this state on filing with a

court in this state an application for appointment, an

authenticated copy of the guardian's appointment in the other

[STATE, ] and an acceptance of appointment. Letters of

guardianship for the temporary guardian expire 28 days after the

date of appointment.

     (2) Within 14 days after appointment as temporary guardian

under subsection (1), the guardian shall give notice to all

interested persons of his or her appointment and the right to

object to the appointment. On filing proof of service of the notice

with the court, the temporary guardian shall be appointed full

Senate Bill No. 539 (H-1) as amended December 11, 2012

guardian and the court shall issue letters of guardianship

accordingly.

     (3) If an objection is filed to a guardianship under this

section, the guardianship continues unless a court in this state

enters an order removing the guardian.

     Sec. 5313. (1) The court may appoint a competent person as

guardian of a legally incapacitated individual. The court shall not

appoint as a guardian an agency, public or private, that

financially benefits from directly providing housing, medical,

mental health, or social services to the legally incapacitated

individual. If the court determines that the ward's property needs

protection, the court shall order the guardian to furnish a bond or

shall include restrictions in the letters of guardianship as

necessary to protect the property.

     (2) In appointing a guardian under this section, the court

shall appoint a person, if suitable and willing to serve,

designated by the individual who is the subject of the petition,

including a designation made in a durable power of attorney. If a

specific designation is not made or a person designated is not

suitable or willing to serve, the court may appoint as a guardian a

person named as attorney-in-fact through a durable power of

attorney.in the following order of priority:

     (a) A person previously appointed, qualified, and serving in

good standing as guardian for the legally incapacitated individual

in another [STATE ].

     (b) A person the individual subject to the petition chooses to

serve as guardian.

     (c) A person nominated as guardian in a durable power of

attorney or other writing by the individual subject to the

petition.

     (d) A person named by the individual as a patient advocate or

attorney in fact in a durable power of attorney.

     (3) If a person is not designated under subsection (2) or a

person designated under subsection (2) is not suitable or willing

to serve, the If there is no person chosen, nominated, or named

under subsection (2), or if none of the persons listed in

subsection (2) are suitable or willing to serve, the court may

appoint as a guardian an individual who is related to the

individual who is the subject of the petition in the following

order of preference:

     (a) The legally incapacitated individual's spouse. This

subdivision shall be considered to include a person nominated by

will or other writing signed by a deceased spouse.

     (b) An adult child of the legally incapacitated individual.

     (c) A parent of the legally incapacitated individual. This

subdivision shall be considered to include a person nominated by

will or other writing signed by a deceased parent.

     (d) A relative of the legally incapacitated individual with

whom the individual has resided for more than 6 months before the

filing of the petition.

     (e) A person nominated by a person who is caring for the

legally incapacitated individual or paying benefits to the legally

incapacitated individual.

     (4) If none of the persons as designated or listed in

Senate Bill No. 539 (H-1) as amended December 11, 2012

subsection (2) or (3) is are suitable or willing to serve, the

court may appoint any competent person who is suitable and willing

to serve, including a professional guardian as provided in section

5106.

     Sec. 5433. (1) If a conservator has not been appointed in this

state and a petition in a protective proceeding is not pending in

this state, a conservator appointed, in the state in which the

protected individual resides may file in a court of this state, in

a county in which property belonging to the protected individual is

located, qualified, and serving in good standing in another

[STATE ] may be appointed immediately as temporary conservator

in this state on filing with a court in this state an application

for appointment, an authenticated copy of letters of appointment

and of any bond. After the filing, the domiciliary foreign

conservator may exercise as to property in this state all the

powers of a conservator appointed in this state and may maintain an

action or proceeding in this state subject to any conditions

imposed upon nonresident parties generally.in the other

[STATE, ] and an acceptance of appointment. Letters of

conservatorship for the temporary conservator expire 28 days after

the date of appointment.

     (2) Within 14 days after appointment as temporary conservator

under subsection (1), the conservator shall give notice to all

interested persons of his or her appointment and the right to

object to the appointment. On filing proof of service of the notice

with the court, the temporary conservator shall be appointed full

conservator and the court shall issue letters of conservatorship

accordingly.

     (3) If an objection is filed to a conservatorship under this

section, the conservatorship continues unless a court in this state

enters an order removing the conservator.