reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5417 - Inventory and Records.

700.5417 Inventory and records.
Sec. 5417.
(1) Within 56 days after appointment or within another time period specified by court rule, a conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate so far as information permits. The conservator shall provide a copy of the inventory to the protected individual if the individual can be located and is 14 years of age or older and to interested persons as specified in the Michigan court rules.
(2) The conservator must keep suitable records of the administration and exhibit those records on the request of an interested person.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 312, Eff. Jan. 1, 2001
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5418 - Accounts.

700.5418 Accounts.
Sec. 5418.
(1) A conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise, upon resignation or removal, and at other times as the court directs. On termination of the protected individual's minority or disability, a conservator shall account to the court or to the formerly protected individual or that individual's successors. Subject to appeal or vacation within the time permitted, an order, after notice and hearing, allowing an intermediate account of a conservator adjudicates as to liabilities concerning the matters considered in connection with the accounts, and an order, after notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected individual or the protected individual's successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical check of the estate to be made in any manner the court specifies.
(2) The conservator shall provide a copy of an account to the protected individual if the individual can be located and is 14 years of age or older and to interested persons as specified in the Michigan court rules.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 312, Eff. Jan. 1, 2001
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5419 - Conservators; Title by Appointment.

700.5419 Conservators; title by appointment.
Sec. 5419.
(1) Appointment of a conservator vests in the conservator title as trustee to all of the protected individual's property, or to the part of that property specified in the order, held at the time of or acquired after the order, including title to property held for the protected individual by a custodian or attorney-in-fact. An order specifying that only a part of the protected individual's property vests in the conservator creates a limited conservatorship.
(2) Except as otherwise provided in this act, the protected individual's interest in property vested in a conservator by this section is not transferable or assignable by the protected individual. Though ineffective to affect property rights, an attempted transfer or assignment by the protected individual may generate a claim for restitution or damages that, subject to presentation and allowance, may be satisfied as provided in section 5429.
(3) Property vested in a conservator by this section and the protected individual's interest in that property is not subject to levy, garnishment, or similar process other than an order issued in the protective proceeding made as provided in section 5429.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5420 - Recording of Conservator's Letters.

700.5420 Recording of conservator's letters.
Sec. 5420.
(1) Letters of conservatorship are evidence of transfer of all of the protected individual's property, or the part of that property specified in the letters, to the conservator. An order terminating a conservatorship is evidence of transfer of the property subjected to the conservatorship from the conservator to the protected individual or that individual's successors.
(2) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship or an order terminating a conservatorship may be filed or recorded to give record notice of title as between the conservator and the protected individual.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5422 - Persons Dealing With Conservators; Protection.

700.5422 Persons dealing with conservators; protection.
Sec. 5422.
(1) A person who in good faith either assists or deals with a conservator for value in a transaction, other than a transaction that requires a court order as provided in section 5407 or 5423(3), is protected as if the conservator properly exercised the power. Except as provided in subsection (3), the fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but a restriction on a conservator's powers that is endorsed on letters as provided in section 5427 is effective as to third persons. A person is not bound to see to the proper application of estate property paid or delivered to a conservator.
(2) The protection expressed in this section extends to a procedural irregularity or jurisdictional defect that occurs in a proceeding leading to the issuance of letters and is not a substitution for protection provided by a comparable provision of the law relating to a commercial transaction or to simplifying a transfer of securities by a fiduciary.
(3) A conservator shall record an order allowing the sale, disposal, mortgage, or pledge of or placement of a lien on real property under section 5423 in the records of the register of deeds for the county in which the real estate is located. Unless the order has been recorded or a person to whom an interest in the real estate is transferred has been given a copy of the order, the person is not entitled to presume that the conservator has the power to sell or otherwise dispose of the real property, or to mortgage, pledge, or cause a lien to be placed on the protected individual's real property, as applicable.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2012, Act 173, Eff. Oct. 1, 2012
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5425 - Distributive Duties and Powers of Conservator.

700.5425 Distributive duties and powers of conservator.
Sec. 5425.
A conservator may expend or distribute estate income or principal without court authorization or confirmation for the support, education, care, or benefit of the protected individual or the protected individual's dependents in accordance with the following principles:
(a) The conservator shall consider a recommendation relating to the appropriate standard of support, education, and benefit for the protected individual or a dependent made by a parent or guardian, if any. The conservator shall not be surcharged for money paid to a person or organization furnishing support, education, or care to the protected individual or a dependent in compliance with the recommendation of the protected individual's parent or guardian unless the conservator knows that the parent or guardian derives personal financial benefit from that payment, including a benefit by relief from a personal duty of support, or that the recommendation is clearly not in the protected individual's best interests.
(b) The conservator shall expend or distribute money reasonably necessary for the support, education, care, or benefit of the protected individual or a dependent with due regard to all of the following:
(i) The estate size, the conservatorship's probable duration, and the likelihood that the protected individual, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate.
(ii) The accustomed standard of living of the protected individual and the dependents.
(iii) Other money or sources used for the protected individual's support.
(c) The conservator may expend estate money for the support of an individual legally dependent on the protected individual and others who are members of the protected individual's household who are unable to support themselves and who are in need of support.
(d) The conservator may pay money to be expended under this section to any person, including the protected individual, to reimburse for an expenditure that the conservator might have made or in advance for a service to be rendered to the protected individual, if it is reasonable to expect the service will be performed and an advance payment is customary or reasonably necessary under the circumstances.
(e) In discharging a responsibility conferred by court order or this part, a conservator shall implement the principles described in section 5407(1) to the extent possible.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5427 - Expansion or Limitation of Powers of Conservator.

700.5427 Expansion or limitation of powers of conservator.
Sec. 5427.
Subject to the restrictions in section 5407(3), at the time of appointment or later, the court may confer on a conservator, in addition to the powers conferred by sections 5423 to 5426, any power that the court itself could exercise under section 5407(2)(b) and (c). At the time of appointment or later, the court may limit the powers of a conservator otherwise conferred by sections 5423 to 5426 or previously conferred by the court, and may at any time remove or modify a limitation. If the court limits a power conferred on the conservator by sections 5423 to 5426 or specifies, as provided in section 5419(1), that title to some, but not all, of the protected individual's property vests in the conservator, the limitation or specification of property subject to the conservatorship shall be endorsed upon the letters of appointment.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5428 - Preservation of Estate Plan; Right to Examine.

700.5428 Preservation of estate plan; right to examine.
Sec. 5428.
(1) When doing any of the following, the conservator and the court shall take into account the protected individual's estate plan as known to them, including a will, a revocable trust of which the individual is settlor, and a contract, transfer, or joint ownership arrangement originated by the protected individual with provisions for payment or transfer of a benefit or interest at the individual's death to another or others:
(a) Investing the estate.
(b) Selecting estate property for distribution under section 5425 or 5426(1).
(c) Utilizing a power of revocation or withdrawal available for the protected individual's support and exercisable by the conservator or the court.
(2) The conservator may examine the protected individual's will.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5430 - Personal Liability of Conservator.

700.5430 Personal liability of conservator.
Sec. 5430.
(1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in a fiduciary capacity in the course of estate administration unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
(2) A conservator is personally liable for an obligation arising from ownership or control of estate property or for torts committed in the course of estate administration only if personally at fault.
(3) A claim based on a contract entered into by a conservator in a fiduciary capacity, an obligation arising from ownership or control of the estate, or a tort committed in the course of estate administration may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is personally liable for the claim.
(4) A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5431 - Termination of Proceeding.

700.5431 Termination of proceeding.
Sec. 5431.
The protected individual, conservator, or another interested person may petition the court to terminate the conservatorship. A protected individual seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. Upon determining, after notice and hearing, that the minority or disability of the protected individual has ceased, the court shall terminate the conservatorship. Upon termination, title to the estate property passes to the formerly protected individual or to successors subject to the provision in the order for expenses of administration and to directions for the conservator to execute appropriate instruments to evidence the transfer.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5432 - Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings.

700.5432 Payment of debt and delivery of property to foreign conservator without local proceedings.
Sec. 5432.
(1) A person indebted to a protected individual or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected individual may pay or deliver the money, property, or instrument to a conservator, guardian of the estate, or other similar fiduciary appointed by a court of the protected individual's state of residence upon being presented with proof of appointment and a sworn statement made by or on behalf of the fiduciary stating both of the following:
(a) That no protective proceeding that relates to the protected individual is pending in this state.
(b) That the foreign fiduciary is entitled to payment or to receive delivery.
(2) If the person to whom the sworn statement is presented is not aware of a protective proceeding pending in this state, payment or delivery in response to the demand and sworn statement discharges the debtor or possessor.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5433 - Appointment of Conservator in Another State as Temporary Conservator.

700.5433 Appointment of conservator in another state as temporary conservator.
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, 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 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.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2012, Act 545, Imd. Eff. Jan. 2, 2013
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5502 - Durable Power of Attorney Not Affected by Lapse of Time, Disability, or Incapacity; Legal Description of Real Estate Not Required.

***** 700.5502 THIS SECTION IS REPEALED BY ACT 187 OF 2023 EFFECTIVE JULY 1, 2024 *****
700.5502 Durable power of attorney not affected by lapse of time, disability, or incapacity; legal description of real estate not required.
Sec. 5502.
An act done by an attorney in fact under a durable power of attorney during a period of disability or incapacity of the principal has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal were competent and not disabled. Unless the instrument states a termination time, the power is exercisable notwithstanding the lapse of time since the execution of the instrument. A durable power of attorney that authorizes the agent to convey or otherwise exercise power over real estate does not need to contain the real estate's legal description.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5503 - Relation of Attorney in Fact to Court-Appointed Fiduciary.

***** 700.5503 THIS SECTION IS REPEALED BY ACT 187 OF 2023 EFFECTIVE JULY 1, 2024 *****
700.5503 Relation of attorney in fact to court-appointed fiduciary.
Sec. 5503.
(1) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, estate guardian, or other fiduciary charged with the management of all of the principal's property or all of his or her property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she were not disabled or incapacitated.
(2) By a durable power of attorney, a principal may nominate the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if a protective proceeding for the principal's person or estate is commenced after execution of the power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5504 - Power of Attorney Not Revoked Until Notice.

***** 700.5504 THIS SECTION IS REPEALED BY ACT 187 OF 2023 EFFECTIVE JULY 1, 2024 *****
700.5504 Power of attorney not revoked until notice.
Sec. 5504.
(1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal's death, acts in good faith under the power. An action taken as provided in this subsection, unless otherwise invalid or unenforceable, binds the principal's successors in interest.
(2) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal's disability or incapacity, acts in good faith under the power. An action taken as provided in this subsection, unless otherwise invalid or unenforceable, binds the principal and his or her successors in interest.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5505 - Proof of Continuance of Durable and Other Powers of Attorney by Affidavit.

***** 700.5505 THIS SECTION IS REPEALED BY ACT 187 OF 2023 EFFECTIVE JULY 1, 2024 *****
700.5505 Proof of continuance of durable and other powers of attorney by affidavit.
Sec. 5505.
(1) If an attorney in fact acts in good-faith reliance on a power of attorney, durable or otherwise, and executes a sworn statement stating that, at the time of the action, the attorney in fact did not have actual knowledge of the principal's death, disability, or incapacity or of the power's termination by revocation, the sworn statement is, in the absence of fraud, conclusive proof of the power's nontermination or nonrevocation.
(2) If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the sworn statement when authenticated for record is also recordable.
(3) This section does not affect a provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5511 - Binding Effect; Liability of Provider; Exception; Dispute.

700.5511 Binding effect; liability of provider; exception; dispute.
Sec. 5511.
(1) Irrespective of a previously expressed or evidenced desire, a current desire by a patient to have provided, and not withheld or withdrawn, a specific life-extending care, custody, or medical treatment is binding on the patient advocate, if known by the patient advocate, regardless of the then ability or inability of the patient to participate in care, custody, or medical treatment decisions or the patient's competency.
(2) A person providing, performing, withholding, or withdrawing care, custody, or medical or mental health treatment as a result of the decision of an individual who is reasonably believed to be a patient advocate and who is reasonably believed to be acting within the authority granted by the designation is liable in the same manner and to the same extent as if the patient had made the decision on his or her own behalf.
(3) A person providing care, custody, or medical or mental health treatment to a patient is bound by sound medical or, if applicable, mental health treatment practice and by a patient advocate's instructions if the patient advocate complies with sections 5506 to 5515, but is not bound by the patient advocate's instructions if the patient advocate does not comply with these sections.
(4) A mental health professional who provides mental health treatment to a patient shall comply with the desires of the patient as expressed in the designation. If 1 or more of the following apply to a desire of the patient as expressed in the designation, the mental health professional is not bound to follow that desire, but shall follow the patient's other desires as expressed in the designation:
(a) In the opinion of the mental health professional, compliance is not consistent with generally accepted community practice standards of treatment.
(b) The treatment requested is not reasonably available.
(c) Compliance is not consistent with applicable law.
(d) Compliance is not consistent with court-ordered treatment.
(e) In the opinion of the mental health professional, there is a psychiatric emergency endangering the life of the patient or another individual and compliance is not appropriate under the circumstances.
(5) If a dispute arises as to whether a patient advocate is acting consistent with the patient's best interests or is not complying with sections 5506 to 5515, a petition may be filed with the court in the county in which the patient resides or is located requesting the court's determination as to the continuation of the designation or the removal of the patient advocate.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 532, Imd. Eff. Jan. 3, 2005
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5512 - Restrictions.

700.5512 Restrictions.
Sec. 5512.
(1) A patient advocate cannot make a medical treatment decision under the authority of or under the process created by this section and sections 5506 to 5511 to withhold or withdraw treatment from a pregnant patient that would result in the pregnant patient's death.
(2) A health care provider shall not require a patient advocate designation to be executed as a condition of providing, withholding, or withdrawing care, custody, or medical or mental health treatment.
(3) A life or health insurer shall not do any of the following because of the execution or implementation of a patient advocate designation or because of the failure or refusal to execute or implement such a designation:
(a) Refuse to provide or continue coverage to the patient.
(b) Limit the amount of coverage available to a patient.
(c) Charge a patient a different rate.
(d) Consider the terms of an existing policy of life or health insurance to have been breached or modified.
(e) Invoke a suicide or intentional death exemption or exclusion in a policy covering the patient.
(4) A patient advocate designation shall not be construed to condone, allow, permit, authorize, or approve suicide or homicide.
(5) Except as provided in subsections (2) and (3), sections 5506 to 5515 only apply to or affect an individual who has executed a patient advocate designation or an individual acting for or on behalf of another individual who has executed a patient advocate designation.
(6) Nothing in sections 5506 to 5515 shall be considered to authorize or compel care, custody, or medical or mental health treatment decisions for a patient who objects on religious grounds.
(7) A designation executed before the effective date of this section with the intent of accomplishing a similar purpose as this section is valid but is subject to section 5506(1) and sections 5507 to 5515; must be in writing, signed, witnessed or notarized, dated, and executed voluntarily; and, before its implementation, must be made part of the patient's medical or, as applicable, mental health treatment record.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 532, Imd. Eff. Jan. 3, 2005
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5513 - Repealed. 2004, Act 532, Imd. Eff. Jan. 3, 2005.

700.5513 Repealed. 2004, Act 532, Imd. Eff. Jan. 3, 2005.
Compiler's Notes:
The repealed section pertained to conflict with provision of mental health code.
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5515 - Revocation of Patient Advocate Designation; Waiver; Exercise of Power by Patient Advocate; Conditions.

700.5515 Revocation of patient advocate designation; waiver; exercise of power by patient advocate; conditions.
Sec. 5515.
(1) A patient may waive the right to revoke a patient advocate designation as to the power to exercise mental health treatment decisions by making the waiver as part of the document containing the designation. However, mental health treatment provided to a patient who has communicated his or her intent to revoke a designation in which the patient has waived his or her right to revoke shall not continue for more than 30 consecutive days, and the waiver does not affect the patient's rights under section 419 of the mental health code, 1974 PA 258, MCL 330.1419.
(2) A patient advocate may exercise the power to make mental health treatment decisions only if a physician and a mental health practitioner both certify, in writing and after examination of the patient, that the patient is unable to give informed consent to mental health treatment. The patient may, in the document containing the patient advocate designation, designate a physician, a mental health practitioner, or both, to make the determination under this subsection. If a physician or mental health practitioner designated by the patient is unable or unwilling to conduct the examination and make the determination required by this subsection within a reasonable time, the examination and determination shall be made by another physician or mental health practitioner, as applicable.
History:
Add. 2004, Act 532, Imd. Eff. Jan. 3, 2005
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520) › Section 700.5520 - Guardian Making Medical or Mental Health Decisions; Designation of Another Individual Prohibited.

700.5520 Guardian making medical or mental health decisions; designation of another individual prohibited.
Sec. 5520.
A legally incapacitated individual who has a guardian with responsibility for making medical or mental health treatment decisions cannot then designate another individual to make medical or mental health treatment decisions for the legally incapacitated individual.
History:
Add. 2000, Act 312, Eff. Jan. 1, 2001 ;-- Am. 2004, Act 532, Imd. Eff. Jan. 3, 2005
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-1 - Part 1 Effect of Death (700.6101...700.6101) › Section 700.6101 - Effect of Death.

700.6101 Effect of death.
Sec. 6101.
(1) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of similar nature is nontestamentary. This subsection includes a written provision in the instrument that is intended to result in 1 or more of the following:
(a) Money or another benefit due to, controlled by, or owned by a decedent before death is paid after the decedent's death to a person, including a trustee of a trust created by will, whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before, at the same time as, or after the instrument.
(b) Money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand.
(c) Property the decedent controls or owns before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before, at the same time as, or after the instrument.
(2) This section does not limit creditors' rights under another law of this state or another state or under federal law.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6301 - Definitions.

700.6301 Definitions.
Sec. 6301.
As used in this part:
(a) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the owner's intention regarding the person who will become the security's owner upon the owner's death.
(b) "Register" means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(c) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(d) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, uncertificated security, and security account.
(e) "Security account" includes all of the following:
(i) A reinvestment account associated with a security.
(ii) a securities account with a broker, financial institution, or subsidiary or affiliate of a financial institution.
(iii) A cash balance in an account with a broker, financial institution, or subsidiary or affiliate of a financial institution, whether or not credited to the account before the owner's death.
(iv) Cash, interest, earnings, or dividends earned or declared on a security in an account, reinvestment account, or account with a broker, financial institution, or subsidiary or affiliate of a financial institution, whether or not credited to the account before the owner's death.
(v) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
History:
1998, Act 386, Eff. Apr. 1, 2000
Compiler's Notes:
At the beginning of subdivision (e)(ii), the lowercase "a" evidently should be an uppercase "A".
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6302 - Registration in Beneficiary Form; Sole or Joint Tenancy Ownership.

700.6302 Registration in beneficiary form; sole or joint tenancy ownership.
Sec. 6302.
Only an individual whose registration of a security shows sole ownership by 1 individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship or as tenants by the entireties, and not as tenants in common.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6303 - Registration in Beneficiary Form; Applicable Law.

700.6303 Registration in beneficiary form; applicable law.
Sec. 6303.
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, or the office of its transfer agent or its office making the registration or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6304 - Origination of Registration in Beneficiary Form.

700.6304 Origination of registration in beneficiary form.
Sec. 6304.
Whether evidenced by certificate or account, a security is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6305 - Form of Registration in Beneficiary Form.

700.6305 Form of registration in beneficiary form.
Sec. 6305.
Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6306 - Effect of Registration in Beneficiary Form.

700.6306 Effect of registration in beneficiary form.
Sec. 6306.
The designation of a TOD beneficiary on a registration in beneficiary form does not affect ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all the surviving owners without the consent of the beneficiary.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6307 - Ownership on Death of Owner.

700.6307 Ownership on death of owner.
Sec. 6307.
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survived all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VI - Nonprobate Transfers on Death (700.6101...700.6310) › 386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310) › Section 700.6308 - Protection of Registering Entity.

700.6308 Protection of registering entity.
Sec. 6308.
(1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.
(2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on the deceased owner's death as provided in this part.
(3) A registering entity is discharged from all claims to a security by a deceased owner's estate, creditors, heirs, or devisees if the entity registers a transfer of the security in accordance with section 6307 and does so in good-faith reliance on all of the following:
(a) The registration.
(b) This part.
(c) Information provided to it by a sworn statement of the deceased owner's personal representative, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity.
(4) This part's protections do not extend to a reregistration or payment made after a registering entity receives written notice from a claimant to an interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part.
(5) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC