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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-3 - Part 3 Jurisdiction Over Foreign Representatives (700.4301...700.4303) › Section 700.4303 - Service on Foreign Personal Representative.

700.4303 Service on foreign personal representative.
Sec. 4303.
(1) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to the representative's last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first-class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or the representative's decedent immediately before death.
(2) If service is made upon a foreign personal representative as provided in subsection (1), the representative is allowed not less than 28 days within which to appear or respond.
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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-4 - Part 4 Judgments and Personal Representative (700.4401...700.4401) › Section 700.4401 - Effect of Adjudication for or Against Personal Representative.

700.4401 Effect of adjudication for or against personal representative.
Sec. 4401.
An adjudication rendered in any jurisdiction in favor of or against a personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication.
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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5101 - General Definitions.

700.5101 General definitions.
Sec. 5101.
As used in parts 1 to 4 of this article:
(a) "Best interests of the minor" means the sum total of the following factors to be considered, evaluated, and determined by the court:
(i) The love, affection, and other emotional ties existing between the parties involved and the child.
(ii) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue educating and raising the child in the child's religion or creed, if any.
(iii) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(iv) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(v) The permanence, as a family unit, of the existing or proposed custodial home.
(vi) The moral fitness of the parties involved.
(vii) The mental and physical health of the parties involved.
(viii) The child's home, school, and community record.
(ix) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference.
(x) The party's willingness and ability to facilitate and encourage a close and continuing parent-child relationship between the child and his or her parent or parents.
(xi) Domestic violence regardless of whether the violence is directed against or witnessed by the child.
(xii) Any other factor considered by the court to be relevant to a particular dispute regarding termination of a guardianship, removal of a guardian, or parenting time.
(b) "Claim" includes, in respect to a protected individual, a liability of the protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the appointment of a conservator, including expenses of administration.
(c) "Conservator" includes, but is not limited to, a limited conservator described in section 5419(1).
(d) "Visitor" means an individual appointed in a guardianship or protective proceeding who is trained in law, nursing, or social work, is an officer, employee, or special appointee of the court, and has no personal interest in the proceeding.
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 V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5102 - Payment or Delivery.

700.5102 Payment or delivery.
Sec. 5102.
(1) A person under a duty to pay or deliver money or personal property to a minor may perform this duty by paying or delivering the money or property, in an aggregate value that does not exceed $5,000.00 each year, to any of the following:
(a) The minor if he or she is married.
(b) An individual having the care and custody of the minor with whom the minor resides.
(c) A guardian of the minor.
(d) A financial institution incident to a deposit in a state or federally insured savings account in the sole name of the minor with notice of the deposit to the minor.
(2) This section does not apply if the person making payment or delivery knows that a conservator has been appointed or a proceeding for appointment of a conservator of the minor's estate is pending.
(3) Other than the minor or a financial institution, an individual receiving money or property for a minor is obligated to apply the money to the minor's support and education, but shall not pay himself or herself except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. An excess amount shall be preserved for the minor's future support and education. A balance not used for those purposes and property received for the minor shall be turned over to the minor when majority is attained. A person who pays or delivers money or property in accordance with this section is not responsible for the proper application of the money or property.
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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5103 - Delegation of Powers by Parent or Guardian.

700.5103 Delegation of powers by parent or guardian.
Sec. 5103.
(1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to adoption of a minor ward or to release of a minor ward for adoption.
(2) A parent shall not knowingly and intentionally delegate his or her powers under this section regarding care and custody of the parent's minor child for longer than 180 days for the purpose of permanently transferring custody of the child in violation of section 136c(3) of the Michigan penal code, 1931 PA 328, MCL 750.136c.
(3) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides, a delegation under this section is effective until the thirty-first day after the end of the deployment.
(4) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 93, Imd. Eff. May 7, 2004 ;-- Am. 2016, Act 483, Eff. Mar. 29, 2017 ;-- Am. 2023, Act 72, Imd. Eff. July 12, 2023
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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5104 - Request or Notice; Interested Person.

700.5104 Request or notice; interested person.
Sec. 5104.
(1) An interested person who desires to be notified before an order is made in a guardianship proceeding, including a proceeding subsequent to the appointment of a guardian under section 5312, or in a protective proceeding under section 5401 must file a request for notice with the register of the court in which the proceeding is pending and with the attorney of record of the guardian or conservator or, if none, with the guardian or conservator, if any. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to a proceeding that occurs after the filing. If a guardianship or protective proceeding is not pending at the time a person files a request for notice as authorized by this subsection, the person shall pay a fee for filing the request, which fee shall be in the same amount as, but is separate from, the fee required to commence such a proceeding.
(2) A governmental agency paying benefits to the individual to be protected or before whom an application for benefits is pending is an interested person in a protective proceeding.
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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5105 - Kidney Donation by Minor.

700.5105 Kidney donation by minor.
Sec. 5105.
The court has jurisdiction of the matter described in this section. If authorized by order of the court that has jurisdiction of the prospective donor, a person 14 years of age or older may give 1 of his or her 2 kidneys to a father, mother, son, daughter, brother, or sister for a transplantation needed by the intended donee. A guardian, parent, spouse, child, or other next of kin of the prospective donor, other than the intended donee, may file a petition for an order under this section. If the prospective donor does not have a guardian, the court shall appoint a guardian ad litem to protect the prospective donor's interests. The court shall hold a hearing on the petition and cause notice of the hearing to be given. The prospective donor shall be present at the hearing and shall be examined by the petitioner or the court, or both. If the court determines that the prospective donor is sufficiently sound of mind to understand the needs and probable consequences of the gift to both the donor and donee and agrees to the gift, the court may enter an order authorizing the making of the gift.
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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5107 - Entry Into or Removal From Lein.

700.5107 Entry into or removal from LEIN.
Sec. 5107.
(1) Upon entry of an order finding that an individual is legally incapacitated, the court shall immediately order the department of state police to enter the order into the law enforcement information network.
(2) Upon entry of an order finding that an individual is no longer legally incapacitated, the court shall immediately order the department of state police to remove from the law enforcement information network the court order entered into the law enforcement information network under subsection (1) that found that the individual was legally incapacitated.
(3) The department of state police shall immediately enter an order into the law enforcement information network or shall immediately remove an order from the law enforcement information network as ordered by the court under this section.
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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5108 - Appointment of Guardian Ad Litem; Preference Prohibited.

700.5108 Appointment of guardian ad litem; preference prohibited.
Sec. 5108.
The person that commences an action or procedure under this article, or that makes a motion for, or in another manner requests, the appointment of a guardian ad litem under this article, shall not choose or indicate in any manner the person's preference as to a particular person for appointment as guardian ad litem.
History:
Add. 2000, Act 465, Eff. June 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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5108a - Visitation Requirements; 2-Way Real-Time Audiovisual Technology; Applicability of Section.

700.5108a Visitation requirements; 2-way real-time audiovisual technology; applicability of section.
Sec. 5108a.
(1) Beginning April 30, 2020, a guardian, guardian ad litem, or visitor may satisfy any requirement concerning a visit with an individual, including, but not limited to, a visit in the physical presence of a person under this act by instead conferring with the individual via 2-way real-time audiovisual technology that allows direct, contemporaneous interaction by sight and sound between the individual being visited and the guardian, guardian ad litem, or visitor.
(2) This section does not apply after June 30, 2021.
History:
Add. 2020, Act 246, Imd. Eff. Nov. 5, 2020 ;-- Am. 2020, Act 338, Imd. Eff. Dec. 29, 2020
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-1 - Part 1 General Provisions (700.5101...700.5109) › Section 700.5109 - Release From Liability for Injury of Minor During Recreational Activity.

700.5109 Release from liability for injury of minor during recreational activity.
Sec. 5109.
(1) Before a minor participates in recreational activity, a parent or guardian of the minor may release a person from liability for economic or noneconomic damages for personal injury sustained by the minor during the specific recreational activity for which the release is provided.
(2) This section only applies to a recreational activity sponsored or organized by a nongovernmental, nonprofit organization.
(3) Either or both of the following may be released from liability under this section:
(a) The sponsor or organizer of the recreational activity.
(b) An individual who is paid or volunteers to coach or assists in conducting the recreational activity.
(4) A release under this section only releases the sponsor, organizer, owner, lessee, or other person released from liability for injury or death that results solely from the inherent risks of the recreational activity. A release under this section does not limit the liability of the sponsor, organizer, owner, lessee, or other person released for the sponsor's, organizer's, owner's, lessee's, or other person's own negligence or the negligence of its employees or agents that causes or contributes to the injury or death.
(5) A release under this section must be in writing.
(6) This section does not restrict the limitation of liability afforded by section 73301 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.73301, or 1964 PA 170, MCL 691.1401 to 691.1419.
(7) As used in this section:
(a) "Camping activity" means a recreation activity planned and carried out by the owner and operator of a camp.
(b) "Recreational activity" means active participation in an athletic or recreational sport or in a camping activity.
History:
Add. 2011, Act 61, Imd. Eff. June 21, 2011 ;-- Am. 2016, Act 187, Eff. Sept. 19, 2016
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5201 - Appointment and Status of Guardians of Minor.

700.5201 Appointment and status of guardians of minor.
Sec. 5201.
A person may become a minor's guardian by parental appointment or court appointment. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor ward.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5202 - Parental Appointment of Guardian for Minor.

700.5202 Parental appointment of guardian for minor.
Sec. 5202.
(1) The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least 2 witnesses.
(2) Subject to the right of the minor under section 5203, if both parents are dead or have been adjudged to be legally incapacitated or the surviving parent has no parental rights or has been adjudged to be legally incapacitated, a parental appointment becomes effective when the guardian's acceptance is filed in the court in which the will containing the nomination is probated or, if the nomination is contained in a nontestamentary nominating instrument or the testator who made the nomination is not deceased, when the guardian's acceptance is filed in the court at the place where the minor resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.
(3) A parental appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state.
(4) Upon acceptance of appointment, the guardian shall give written notice of acceptance to the minor and to the person having the minor's care or the minor's nearest adult relative.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5202a - Appointment of Guardian in Another State as Temporary Guardian.

700.5202a Appointment of guardian in another state as temporary guardian.
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 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.
History:
Add. 2012, Act 545, Imd. Eff. Jan. 2, 2013
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5203 - Objection by Minor of 14 Years or Older to Parental Appointment.

700.5203 Objection by minor of 14 years or older to parental appointment.
Sec. 5203.
A minor 14 years of age or older who is the subject of a parental appointment may prevent an appointment or cause it to terminate by filing with the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within 28 days after its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the parental nominee or another suitable person.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5204 - Court Appointment of Guardian of Minor; Conditions for Appointment.

700.5204 Court appointment of guardian of minor; conditions for appointment.
Sec. 5204.
(1) A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor. The court may order the department of health and human services or a court employee or agent to conduct an investigation of the proposed guardianship and file a written report of the investigation.
(2) The court may appoint a guardian for a minor if any of the following circumstances exist:
(a) The parental rights of both parents or the surviving parent are terminated or suspended by prior court order, by judgment of divorce or separate maintenance, by death, by judicial determination of mental incompetency, by disappearance, or by confinement in a place of detention.
(b) The parent or parents permit the minor to reside with another person and do not provide the other person with legal authority for the minor's care and maintenance, and the minor is not residing with his or her parent or parents when the petition is filed.
(c) All of the following:
(i) The minor's biological parents have never been married to one another.
(ii) The minor's parent who has custody of the minor dies or is missing and the other parent has not been granted legal custody under court order.
(iii) The person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.
(3) A minor's limited guardian may petition to be appointed a guardian for that minor, except that the petition must not be based on suspension of parental rights by the order that appointed that person the limited guardian for that minor.
(4) A guardian appointed under section 5202 whose appointment is not prevented or nullified under section 5203 has priority over a guardian who may be appointed by the court. The court may proceed with an appointment on a finding that a guardian appointed in a manner described in section 5202 has failed to accept the appointment within 28 days after the notice of the guardianship proceeding.
(5) For the minor ward's welfare, the court may at any time order the minor ward's parents to pay reasonable support and order reasonable parenting time and contact of the minor ward with his or her parents.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005 ;-- Am. 2023, Act 72, Imd. Eff. July 12, 2023
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5205 - Court Appointment of Limited Guardian; Requirements.

700.5205 Court appointment of limited guardian; requirements.
Sec. 5205.
(1) The court may appoint a limited guardian for an unmarried minor upon the petition of the minor's parent or parents if all of the following requirements are met:
(a) The parents with custody of the minor consent or, in the case of only 1 parent having custody of the minor, the sole parent consents to the appointment of a limited guardian.
(b) The parent or parents voluntarily consent to the suspension of their parental rights.
(c) The court approves a limited guardianship placement plan agreed to by both of the following parties:
(i) The parents with custody of the minor or, in the case of only 1 parent having custody of the minor, the sole parent who has custody of the minor.
(ii) The person or persons whom the court will appoint as the minor's limited guardian.
(2) A minor's parent or parents who desire to have the court appoint a limited guardian for that minor and the person or persons who desire to be appointed limited guardian for that minor must develop a limited guardianship placement plan. The parties must use a limited guardianship placement plan form prescribed by the state court administrator. A limited guardianship placement plan form must include a notice that informs a parent who is a party to the plan that substantial failure to comply with the plan without good cause may result in the termination of the parent's parental rights under chapter XIIA of 1939 PA 288, MCL 712A.1 to 712A.32. The proposed limited guardianship placement plan shall be attached to the petition requesting the court to appoint a limited guardian. The limited guardianship placement plan shall include provisions concerning all of the following:
(a) The reason the parent or parents are requesting the court to appoint a limited guardian for the minor.
(b) Parenting time and contact with the minor by his or her parent or parents sufficient to maintain a parent and child relationship.
(c) The duration of the limited guardianship.
(d) Financial support for the minor.
(e) Any other provisions that the parties agree to include in the plan.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5206 - Review Modification of Plan; Powers and Duties of Limited Guardian.

700.5206 Review modification of plan; powers and duties of limited guardian.
Sec. 5206.
(1) The court shall review a proposed limited guardianship placement plan filed with the court under section 5205 and shall do 1 of the following:
(a) Approve the proposed plan.
(b) Disapprove the proposed plan.
(c) On its own motion, modify a proposed plan and approve it as modified, if the parties agree to the modification. The modified plan must be filed with the court.
(2) A limited guardianship placement plan that has been approved by the court may be modified on agreement of the parties and approval of the court. A modified limited guardianship placement plan must be filed with the court.
(3) The voluntary suspension of parental rights under section 5205 does not prevent the parent or parents from filing a petition to terminate the limited guardianship at any time as provided in section 5208. Appointment of a limited guardian under this section is a continuing appointment.
(4) A limited guardian appointed under this section has all of the powers and duties enumerated in section 5215 except that a minor's limited guardian shall not consent to adoption of the minor ward or to the release of the minor ward for adoption.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2023, Act 72, Imd. Eff. July 12, 2023
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5207 - Review of Guardianship of Minor.

700.5207 Review of guardianship of minor.
Sec. 5207.
(1) The court may review a guardianship for a minor as it considers necessary and shall review a guardianship annually if the minor is under 6 years of age. In conducting the review, the court shall consider all of the following factors:
(a) The parent's and guardian's compliance with either of the following, as applicable:
(i) A limited guardianship placement plan.
(ii) A court-structured plan under subsection (3)(b)(ii)(B) or section 5209(2)(b)(ii).
(b) Whether the guardian has adequately provided for the minor's welfare.
(c) The necessity of continuing the guardianship.
(d) The guardian's willingness and ability to continue to provide for the minor's welfare.
(e) The effect upon the minor's welfare if the guardianship is continued.
(f) Any other factor that the court considers relevant to the minor's welfare.
(2) The court may order the family independence agency or a court employee or agent to conduct an investigation and file a written report of the investigation regarding the factors listed in subsection (1).
(3) Upon completion of a guardianship review, the court may do either of the following:
(a) Continue the guardianship.
(b) Schedule and conduct a hearing on the guardianship's status and do any of the following:
(i) If the guardianship is a limited guardianship, do either of the following:
(A) Continue the limited guardianship.
(B) Order the parties to modify the limited guardianship placement plan as a condition to continuing the limited guardianship.
(ii) If the guardianship was established under section 5204, do either of the following:
(A) Continue the guardianship.
(B) Order the parties to follow a court-structured plan designed to resolve the conditions identified at the review hearing.
(iii) Take an action described in section 5209(2).
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5208 - Petition to Terminate Guardianship of Minor.

700.5208 Petition to terminate guardianship of minor.
Sec. 5208.
(1) A minor's parent or parents may petition the court to terminate a guardianship for the minor as follows:
(a) If the guardianship is a limited guardianship, the parents or the sole parent with a right to custody of the minor.
(b) If the guardianship was established under section 5204, the minor's parent or parents.
(2) If a petition is filed to terminate a guardianship under this section, the court may do 1 or more of the following:
(a) Order the family independence agency or a court employee or agent to conduct an investigation and file a written report of the investigation regarding the best interests of the minor or give testimony concerning the investigation.
(b) Utilize the community resources in behavioral sciences and other professions in the investigation and study of the best interests of the minor and consider their recommendations for the disposition of the petition.
(c) Appoint a guardian ad litem or attorney to represent the minor.
(d) Take any other action considered necessary in a particular case.
(3) This section and section 5209 apply to all guardianships established before, on, or after the effective date of this section.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5210 - Order for Termination of Guardianship of Minor.

700.5210 Order for termination of guardianship of minor.
Sec. 5210.
Upon receipt of a copy of a judgment or an order of disposition in a child custody action regarding a minor that is sent to the court as provided in section 6b of the child custody act of 1970, 1970 PA 91, MCL 722.26b, the court shall terminate the guardianship or limited guardianship for that minor.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5211 - Venue.

700.5211 Venue.
Sec. 5211.
The venue for a guardianship proceeding for a minor is in the place where the minor resides or is present at the time the proceeding is commenced.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5212 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee.

700.5212 Court appointment of guardian of minor; qualifications; priority of minor's nominee.
Sec. 5212.
The court may appoint as guardian a person whose appointment serves the minor's welfare, including a professional guardian described in section 5106. If the minor is 14 years of age or older, the court shall appoint a person nominated by the minor, unless the court finds the appointment contrary to the minor's welfare.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 463, Eff. June 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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5214 - Consent to Service by Acceptance of Appointment; Notice.

700.5214 Consent to service by acceptance of appointment; notice.
Sec. 5214.
By accepting a parental or court appointment as guardian, a guardian submits personally to the court's jurisdiction in a proceeding relating to the guardianship that may be instituted by an interested person. The petitioner shall cause notice of a proceeding to be delivered to the guardian or mailed to the guardian by first-class mail at the guardian's address listed in the court records and to the address then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by court order or parental nomination.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5216 - Compensation; Claim for Burial Expense.

700.5216 Compensation; claim for burial expense.
Sec. 5216.
(1) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing personally provided to the ward, but only as approved by court order.
(2) If a minor dies while under guardianship and a conservator has not been appointed for the minor's estate and if the guardian has possession of any money of the deceased minor, upon petition of the guardian and with or without notice, the court may hear a claim for burial expenses or another claim as the court considers advisable. Upon hearing the claim, the court may enter an order allowing or disallowing the claim or a part of it and may provide in an order of allowance that the claim or a part of it be paid immediately if the payment can be made without injury or serious inconvenience to the minor's estate.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5217 - Termination of Appointment of Guardian.

700.5217 Termination of appointment of guardian.
Sec. 5217.
A guardian's authority and responsibility terminate upon the guardian's death, resignation, or removal or upon the minor's death, adoption, marriage, or attainment of majority. However, a termination does not affect the guardian's liability for prior acts or the obligation to account for the ward's money and property. The guardian's resignation does not terminate the guardianship until it is approved by the court. A parental appointment under an unprobated or informally probated will terminates if the will is later denied probate in a formal proceeding.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5218 - Proceedings Subsequent to Appointment; Venue.

700.5218 Proceedings subsequent to appointment; venue.
Sec. 5218.
(1) The court at the place where the ward resides has concurrent jurisdiction over resignation, removal, accounting, or another proceeding relating to the guardianship with the court that appointed the guardian or in which acceptance of a parental appointment was filed.
(2) If the court located where the ward resides is neither the appointing court nor the court in which acceptance of appointment is filed, the court in which a proceeding subsequent to appointment is commenced in all appropriate cases shall notify the other court, in this or another state, and after consultation with that court, shall determine whether to retain jurisdiction or transfer the proceeding to the other court, whichever will serve the ward's welfare. A copy of an order accepting a resignation or removing a guardian shall be sent to the appointing court or the court in which acceptance of appointment is filed.
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-2 - Part 2 Guardians of Minors (700.5201...700.5219) › Section 700.5219 - Resignation, Removal, and Other Post-Appointment Proceedings.

700.5219 Resignation, removal, and other post-appointment proceedings.
Sec. 5219.
(1) A person interested in a ward's welfare or, if 14 years of age or older, the ward may petition for the removal of a guardian on the ground that removal would serve the ward's welfare or for another order that would serve the ward's welfare. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for a successor guardian's appointment.
(2) Notice of a hearing on a petition for an order after a guardian's appointment must be given to the ward, the guardian, and any other person as ordered by the court or as provided by court rule.
(3) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make further order that may be appropriate.
(4) If the court determines at any time in a proceeding that the ward's interest is or may be inadequately represented, the court may appoint a lawyer-guardian ad litem to represent the minor, giving consideration to the preference of the minor if the minor is 14 years of age or older.
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 V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520) › 386-1998-V-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5301a - Appointment of Guardian in Another State as Temporary Guardian.

700.5301a Appointment of guardian in another state as temporary 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 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.
History:
Add. 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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5301b - Appointment of Guardian; Jurisdiction of Court; Conditions; Connection to State; Factors.

700.5301b Appointment of guardian; jurisdiction of court; conditions; connection to state; factors.
Sec. 5301b.
(1) The court has jurisdiction over the appointment of a guardian under this part if any of the following apply:
(a) The individual for whom a guardian is sought resides in this state.
(b) The individual for whom a guardian is sought is present in this state and has a significant connection to this state.
(2) In determining if the individual for whom a guardian is sought has a significant connection to this state under subsection (1)(b), the court shall consider all of the following factors:
(a) The wishes of the individual.
(b) The location of the individual's family and other interested persons.
(c) The length and time the individual was present in this state and the duration of any absence.
(d) The location of the individual's property.
(e) The extent to which the individual has ties to this state, such as voting registration, state tax return filing, vehicle registration, driver license, social relationship, and receipt of services.
(f) Any other factor the court considers relevant.
History:
Add. 2016, Act 498, Eff. Apr. 6, 2017
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5302 - Guardianship Proceedings; Venue.

700.5302 Guardianship proceedings; venue.
Sec. 5302.
The venue for a guardianship proceeding for an incapacitated individual is in the place where the incapacitated individual resides or is present. If the incapacitated individual is admitted to an institution by order of a court of competent jurisdiction, venue is also in the county in which that court is located.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC