reglab/housing_qa huggingface dataset:
MI Comp L § 330.1606 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1606 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

330.1606 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978. Compiler's Notes: The repealed section pertained to court as guardian.
MI Comp L § 330.1607 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1607 - Court as Guardian; Appointment of Temporary Guardian; Hearing; Rights and Privileges of Respondent.

330.1607 Court as guardian; appointment of temporary guardian; hearing; rights and privileges of respondent. Sec. 607.  (1) A court, upon filing of a petition for guardianship under this chapter and before the appointment of a plenary or partial guardian, or pending an appeal or action in relation to the appointment, under emergency circumstances and if necessary for the welfare or protection of an individual with a developmental disability, may temporarily exercise the powers of a guardian over an individual with a developmental disability, or may appoint a temporary guardian whose powers and duties shall be specifically enumerated by court order.  (2) If the court, under subsection (1), exercises the powers of a guardian or appoints a temporary guardian before the appointment of a plenary or partial guardian, a hearing on the petition for guardianship shall be held within 14 days, or at a time fixed under section 614, whichever is earlier.  (3) If the court, under subsection (1), exercises the powers of a guardian or appoints a temporary guardian pending an appeal or action in relation to the appointment of a guardian under this chapter, a hearing shall be held within 14 days to determine whether the individual is in need of the services of a guardian for the individual's welfare or protection during the pendency of the appeal or action. If the court determines by clear and convincing evidence that a need exists, the court may appoint a temporary guardian whose powers and duties shall be specifically enumerated by court order and whose authority shall expire upon resolution of the appeal or action.  (4) At a hearing held under either subsection (2) or (3), a respondent shall have all the rights and privileges otherwise available to an individual subject to proceedings under this chapter. History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1608 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1608 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

330.1608 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978. Compiler's Notes: The repealed section pertained to temporary guardians.
MI Comp L § 330.1609 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1609 - Petition for Appointment of Guardian; Filing; Contents.

330.1609 Petition for appointment of guardian; filing; contents. Sec. 609.  (1) A petition for the appointment of a guardian for an individual who is developmentally disabled may be filed by an interested person or entity or by the individual. The petition shall set forth the following:  (a) The relationship and interest of the petitioner.  (b) The name, date of birth, and place of residence of the respondent.  (c) The facts and reasons for the need for guardianship.  (d) The names and addresses of the individual's current guardian, and the respondent's presumptive heirs.  (e) The name and address of the person with whom, or the facility in which, the respondent is residing.  (f) A description and approximation of the value of the respondent's estate including an estimate of the individual's anticipated yearly income and the source of the income.  (g) The name, address, and age of the proposed guardian and if the proposed guardian is a current provider of services to the developmentally disabled.  (h) A factual description of the nature and extent of the respondent's developmental disability. History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978
MI Comp L § 330.1610 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1610 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

330.1610 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978. Compiler's Notes: The repealed section pertained to filing petition for appointment of guardian.
MI Comp L § 330.1612 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1612 - Petition for Appointment of Guardian; Accompanying Report; Psychological Tests; Evaluations; Availability of Report.

330.1612 Petition for appointment of guardian; accompanying report; psychological tests; evaluations; availability of report. Sec. 612.  (1) The petition for the appointment of a guardian for an individual who has a developmental disability shall be accompanied by a report that contains all of the following:  (a) A description of the nature and type of the respondent's developmental disability.  (b) Current evaluations of the respondent's mental, physical, social, and educational condition, adaptive behavior, and social skills. These evaluations shall take into account the individual's abilities.  (c) An opinion as to whether guardianship is needed, the type and scope of the guardianship needed, and a specific statement of the reasons for the guardianship.  (d) A recommendation as to the most appropriate rehabilitation plan and living arrangement for the individual and the reasons for the recommendation.  (e) The signatures of all individuals who performed the evaluations upon which the report is based. One of the individuals shall be a physician or psychologist who, by training or experience, is competent in evaluating individuals with developmental disabilities.  (f) A listing of all psychotropic medications, plus all other medications the respondent is receiving on a continuous basis, the dosage of the medications, and a description of the impact upon the respondent's mental, physical and educational conditions, adaptive behavior, and social skills.  (2) Psychological tests upon which an evaluation of the respondent's mental condition have been based may be performed up to 1 year before the filing of the petition.  (3) If a report does not accompany the petition, the court shall order appropriate evaluations to be performed by qualified individuals who may be employees of the state, the county, the community mental health services program, or the court. The court may order payment for evaluations of respondents by a public agency that treats or serves the developmentally disabled. State compensation for evaluations paid for by public mental health agencies shall be determined under sections 302 to 310, and sections 800 to 842. Compensation for an evaluation shall be in an amount that is reasonable and based upon time and expenses. The report shall be prepared and filed with the court not less than 10 days before the hearing.  (4) A report prepared under this section shall not be made part of the public record of the proceedings but shall be available to the court or an appellate court to which the proceedings may be appealed, to the respondent, the petitioner, their attorneys, and to other individuals the court directs. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1614 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1614 - Hearings; Date and Place; Notice.

330.1614 Hearings; date and place; notice. Sec. 614.  (1) Upon the filing of a petition, the court shall fix a date and a place for a hearing to be held within 30 days after the filing date of the petition.  (2) Hearings may be held either within or without the county in which the court has its principal office, and in quarters as the court directs, including a facility or other convenient place.  (3) Notice of the time and place of the hearing shall be given to the petitioner, to the respondent, to the respondent's presumptive heirs, to the preparer of the report or another appropriate person who performed an evaluation, to the director of any facility in which the respondent may be residing, to the respondent's guardian ad litem if one has been appointed, and to the respondent's legal counsel. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978
MI Comp L § 330.1615 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1615 - Right to Legal Counsel; Appointment of Counsel; Preferred Counsel; Compensation of Appointed Counsel.

330.1615 Right to legal counsel; appointment of counsel; preferred counsel; compensation of appointed counsel. Sec. 615.  (1) A respondent is entitled to be represented by legal counsel.  (2) Unless an appearance has been entered on behalf of the respondent, the court, within 48 hours of its receipt of a petition together with the other documents required by section 612, shall appoint counsel to represent the respondent. Counsel may be appointed from a system or organization that provides legal counsel to indigents, or that has been established for the purpose of providing representation in the proceedings governed by this chapter.  (3) If the respondent prefers counsel other than the counsel appointed, if preferred counsel agrees to accept the appointment, and the court is notified of the preference by the respondent or preferred counsel, the court shall replace the initially appointed counsel with preferred counsel.  (4) If the respondent is indigent, the court shall compensate appointed counsel from court funds in an amount which is reasonable and based upon time and expenses.  (5) The supreme court by court rule may establish the compensation to be paid for counsel of indigents and may require that counsel be appointed from a system or organization that serves developmentally disabled or indigent people. History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978
MI Comp L § 330.1616 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1616 - Guardian Ad Litem.

330.1616 Guardian ad litem. Sec. 616.  If, after a petition has been filed, the court determines that the respondent requires a person to represent his or her best interests and to assist legal counsel, the court shall appoint an interested person or entity to act as guardian ad litem for the respondent. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978
MI Comp L § 330.1617 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1617 - Right to Jury; Evidence; Witnesses; Closing Hearing to Public; Presence of Respondent; Testimony of Person Who Prepared Report or Performed Evaluation; Independent Evaluation.

330.1617 Right to jury; evidence; witnesses; closing hearing to public; presence of respondent; testimony of person who prepared report or performed evaluation; independent evaluation. Sec. 617.  (1) A respondent in a guardianship proceeding conducted pursuant to this chapter may demand that a jury decide any issue or issues of fact. A jury shall consist of 6 persons to be chosen in the same manner as provided in the probate court rules.  (2) A respondent in a guardianship proceeding conducted pursuant to this chapter shall have the right to present evidence, and to confront and cross-examine all witnesses.  (3) The hearing may be closed to the public on the request of the respondent or the respondent's legal counsel.  (4) The respondent shall be present at all proceedings conducted pursuant to this chapter. However, the respondent's presence may be excused by the court only on a showing, supported by an affidavit signed by a physician or psychologist who has recently examined the respondent, that the respondent's attendance would subject him or her to serious risk of physical or emotional harm.  (5) A guardian shall not be appointed under this section unless the person who prepared the report or at least 1 of the persons who performed an evaluation serving in part as basis for the report testifies in person in court.  (6) The respondent has the right, at his or her own expense, or if the respondent is indigent, at the expense of the state, to secure an independent evaluation. Compensation for an independent evaluation at public expense shall be in an amount which is reasonable and based upon time and expenses and approved by the court. History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978
MI Comp L § 330.1618 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1618 - Hearing; Powers and Duties of Court.

330.1618 Hearing; powers and duties of court. Sec. 618.  (1) The court, at a hearing convened under this chapter for the appointment of a guardian, shall do all of the following:  (a) Inquire into the nature and extent of the general intellectual functioning of the respondent asserted to need a guardian.  (b) Determine the extent of the impairment in the respondent's adaptive behavior.  (c) Determine the respondent's capacity to care for himself or herself by making and communicating responsible decisions concerning his or her person.  (d) Determine the capacity of the respondent to manage his or her estate and financial affairs.  (e) Determine the appropriateness of the proposed living arrangements of the respondent and determine whether or not it is the least restrictive setting suited to the respondent's condition.  (f) If the respondent is residing in a facility, the court shall specifically determine the appropriateness of the living arrangement and determine whether or not it is the least restrictive suited to the respondent's condition.  (2) The court shall make findings of fact on the record regarding the matters specified in subsection (1).  (3) If it is determined that the respondent possesses the capacity to care for himself or herself and the respondent's estate, the court shall dismiss the petition.  (4) If it is found by clear and convincing evidence that the respondent is developmentally disabled and lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or the respondent's estate, the court may appoint a partial guardian to provide guardianship services to the respondent, but the court shall not appoint a plenary guardian.  (5) If it is found by clear and convincing evidence that the respondent is developmentally disabled and is totally without capacity to care for himself or herself or the respondent's estate, the court shall specify that finding of fact in any order and may appoint a plenary guardian of the person or of the estate or both for the respondent. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978
MI Comp L § 330.1620 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1620 - Contents of Court Order Establishing Partial Guardianship; Legal and Civil Rights; Effect of Appointment of Partial Guardian.

330.1620 Contents of court order establishing partial guardianship; legal and civil rights; effect of appointment of partial guardian. Sec. 620.  (1) A court order establishing partial guardianship shall contain findings of fact, shall define the powers and duties of the partial guardian so as to permit the individual with a developmental disability to care for himself or herself and his or her property commensurate with his or her ability to do so, and shall specify all legal disabilities to which the individual is subject.  (2) An individual with a developmental disability for whom a partial guardian has been appointed retains all legal and civil rights except those that have by court order been designated as legal disabilities or that have been specifically granted to the partial guardian by the court.  (3) The appointment of a partial guardian under this chapter does not constitute a finding of legal incompetence or incapacity except in those areas specified by the court. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1622 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1622 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

330.1622 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978. Compiler's Notes: The repealed section pertained to examination by court of proposed and alternative living arrangements.
MI Comp L § 330.1623 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1623 - Placement of Individual With Developmental Disability in Facility; Appropriateness of Placement; Appropriate Treatment and Residential Programs; Reports From Public Agencies.

330.1623 Placement of individual with developmental disability in facility; appropriateness of placement; appropriate treatment and residential programs; reports from public agencies. Sec. 623.  (1) A guardian, whether plenary or partial, appointed under this chapter shall not have the power, unless specified by court order, to place an individual with a developmental disability in a facility.  (2) Before authorizing the placement of a respondent in a facility, the court shall inquire into and determine the appropriateness of the placement.  (3) Before authorizing a guardian to make application to place an individual with a developmental disability in a facility, the court shall determine, in conjunction with the appropriate community mental health services program, whether the placement offers appropriate treatment and residential programs to meet the needs of the respondent and whether there is a less restrictive treatment and residential program available. In ordering a placement, the court shall give preference to an available less restrictive treatment and residential program provided that it is adequate and appropriate to meet the respondent's needs. The court or counsel may request reports from public agencies on the suitability of a particular placement for a respondent. History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
MI Comp L § 330.1624 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1624 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

330.1624 Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978. Compiler's Notes: The repealed section pertained to testimony as condition to appointment of guardian.
MI Comp L § 330.1626 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1626 - Duration of Term of Guardianship; New Petition for Guardianship.

330.1626 Duration of term of guardianship; new petition for guardianship. Sec. 626.  (1) Before the appointment of a guardian, the court shall consider the duration of the term of guardianship. The duration of the term shall be indicated in a court order.  (2) A partial guardian shall not be appointed for a term greater than 5 years.  (3) At the expiration of the term of guardianship a new petition for guardianship may be filed pursuant to this chapter. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978
MI Comp L § 330.1628 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)|Section 330.1628 - Qualifications of Guardian; Preference.

330.1628 Qualifications of guardian; preference. Sec. 628.  (1) The court may appoint as guardian of an individual with a developmental disability any suitable individual or agency, public or private, including a private association capable of conducting an active guardianship program for an individual with a developmental disability. The court shall not appoint the department of mental health as guardian or any other agency, public or private, that is directly providing services to the individual, unless no other suitable individual or agency can be identified. In such instances, guardianship by the provider shall only continue until such time as a more suitable individual or agency can be appointed.  (2) Before the appointment, the court shall make a reasonable effort to question the individual concerning his or her preference regarding the person to be appointed guardian, and any preference indicated shall be given due consideration. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996