SB-0539, As Passed Senate, November 29, 2011
June 29, 2011, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
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 jurisdiction 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
jurisdiction, 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
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 jurisdiction 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
jurisdiction, 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
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.
(2) (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 In appointing a
guardian under this section, 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) A person previously appointed, qualified, and serving in
good standing as guardian for the legally incapacitated individual
in another jurisdiction.
(b) A person the legally incapacitated individual nominated to
serve as guardian.
(c) A person the legally incapacitated individual named as
attorney in fact in a durable power of attorney.
(d) (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.
(e) (b)
An adult child of the legally
incapacitated
individual.
(f) (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.
(g) (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.
(h) (e)
A person nominated by a person who
is caring for the
legally incapacitated individual or paying benefits to the legally
incapacitated individual.
(3) (4)
If none of the persons as
designated or listed in
subsection
(2) or (3) is 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
jurisdiction 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
jurisdiction, 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.