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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5303 - Court Appointment of Guardian of Incapacitated Person; Petition; Alternatives to Appointment of Full Guardian; Hearing.

700.5303 Court appointment of guardian of incapacitated person; petition; alternatives to appointment of full guardian; hearing.
Sec. 5303.
(1) An individual in his or her own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity and appointment of a guardian. The petition must contain specific facts about the individual's condition and specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment.
(2) Before a petition is filed under this section, the court shall provide the person intending to file the petition with written information that sets forth alternatives to appointment of a full guardian, including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, and an explanation of each alternative.
(3) Upon the filing of a petition under subsection (1), the court shall set a date for hearing on the issue of incapacity. Unless the allegedly incapacitated individual has legal counsel of his or her own choice, the court shall appoint a guardian ad litem to represent the person in the proceeding.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 468, Eff. June 1, 2001 ;-- Am. 2013, Act 157, Eff. Feb. 3, 2014 ;-- Am. 2017, Act 155, Eff. Feb. 6, 2018
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 700.5304 - Evaluation and Report; Hearing.

700.5304 Evaluation and report; hearing.
Sec. 5304.
(1) If necessary, the court may order that an individual alleged to be incapacitated be examined by a physician or mental health professional appointed by the court who shall submit a report in writing to the court at least 5 days before the hearing set under section 5303. A report prepared as provided in this subsection shall not be made a part of the proceeding's public record, but shall be available to the court or an appellate court in which the proceeding is subject to review, to the alleged incapacitated individual, to the petitioner, to their respective legal counsels, and to other persons as the court directs. The report may be used as provided in the Michigan rules of evidence.
(2) The alleged incapacitated individual has the right to secure an independent evaluation, at his or her own expense or, if indigent, at the expense of the state. Compensation for an independent evaluation at public expense shall be in an amount that, based upon time and expense, the court approves as reasonable.
(3) A report prepared under this section shall contain all of the following:
(a) A detailed description of the individual's physical or psychological infirmities.
(b) An explanation of how and to what extent each infirmity interferes with the individual's ability to receive or evaluate information in making decisions.
(c) A listing of all medications the individual is receiving, the dosage of each medication, and a description of the effects each medication has upon the individual's behavior.
(d) A prognosis for improvement in the individual's condition and a recommendation for the most appropriate rehabilitation plan.
(e) The signatures of all individuals who performed the evaluations upon which the report is based.
(4) The individual alleged to be incapacitated is entitled to be present at the hearing in person, and to see or hear all evidence bearing upon the individual's condition. If the individual wishes to be present at the hearing, all practical steps shall be taken to ensure his or her presence, including, if necessary, moving the hearing site.
(5) The individual is entitled to be represented by legal counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or mental health professional and the visitor, and to trial by jury.
(6) The issue of incapacity may be determined at a closed hearing without a jury if requested by the individual alleged to be incapacitated or that individual's legal counsel.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5307 - Jurisdiction Over Guardian.

700.5307 Jurisdiction over guardian.
Sec. 5307.
By accepting appointment, a guardian personally submits to the court's jurisdiction in a proceeding relating to the guardianship that may be instituted by an interested person. Notice of a proceeding shall be delivered to the guardian or mailed to the guardian by first-class mail at the guardian's address as listed in the court records and to his or her address as then known to the petitioner.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5308 - Termination of Guardian's Authority and Responsibility.

700.5308 Termination of guardian's authority and responsibility.
Sec. 5308.
The guardian's authority and responsibility for a legally incapacitated individual terminates upon the death of the guardian or ward, upon the determination of incapacity of the guardian, or upon removal or resignation as provided in section 5310. Testamentary appointment of a guardian under an unprobated will or a will informally probated under article III terminates if the will is later denied probate in a formal testacy proceeding.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5309 - Review of Guardianship.

700.5309 Review of guardianship.
Sec. 5309.
The court shall review a guardianship not later than 1 year after the guardian's appointment and not later than every 3 years after each review.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5310 - Resignation or Removal of Guardian.

700.5310 Resignation or removal of guardian.
Sec. 5310.
(1) On petition of the guardian and subject to the filing and approval of a report prepared as required by section 5314, the court shall accept the guardian's resignation and make any other order that is appropriate.
(2) The ward or a person interested in the ward's welfare may petition for an order removing the guardian, appointing a successor guardian, modifying the guardianship's terms, or terminating the guardianship. A request for this order may be made by informal letter to the court or judge. A person who knowingly interferes with the transmission of this kind of request to the court or judge is subject to a finding of contempt of court.
(3) Except as otherwise provided in the order finding incapacity, upon receiving a petition or request under this section, the court shall set a date for a hearing to be held within 28 days after the receipt of the petition or request. An order finding incapacity may specify a minimum period, not exceeding 182 days, during which a petition or request for a finding that a ward is no longer an incapacitated individual, or for an order removing the guardian, modifying the guardianship's terms, or terminating the guardianship, shall not be filed without special leave of the court.
(4) Before removing a guardian, appointing a successor guardian, modifying the guardianship's terms, or terminating a guardianship, and following the same procedures to safeguard the ward's rights as apply to a petition for a guardian's appointment, the court may send a visitor to the present guardian's residence and to the place where the ward resides or is detained to observe conditions and report in writing to the court.
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 700.5311 - Appointment or Removal of Guardian; Notice of Hearing.

700.5311 Appointment or removal of guardian; notice of hearing.
Sec. 5311.
(1) In a proceeding for the appointment or removal of an incapacitated individual's guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:
(a) The ward or the individual alleged to be incapacitated and that individual's spouse, parents, and adult children.
(b) A person who is serving as the guardian or conservator or who has the individual's care and custody.
(c) If known, a person named as attorney in fact under a durable power of attorney.
(d) If no other person is notified under subdivision (a), (b), or (c), at least 1 of the individual's closest adult relatives, if any can be found.
(2) Notice must be served personally on the alleged incapacitated individual. Notice to all other persons must be given as prescribed by court rule. Waiver of notice by the individual alleged to be incapacitated is not effective unless the individual attends the hearing or a waiver of notice is confirmed in an interview with the visitor.
(3) In a proceeding for a guardian's appointment under sections 5303 and 5304, a copy of the petition must be attached to the hearing notice, and the notice to the alleged incapacitated individual must contain all of the following information:
(a) The nature, purpose, and legal effects of the appointment of a guardian.
(b) The alleged incapacitated individual's rights in the proceeding, including the right to appointed legal counsel.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5312 - Court Exercise of Power of Guardian; Temporary Guardian.

700.5312 Court exercise of power of guardian; temporary guardian.
Sec. 5312.
(1) If an individual does not have a guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, the court shall provide notice to the individual alleged to be incapacitated and shall hold a hearing. Upon a showing that the individual is an incapacitated individual, the court may exercise the power of a guardian, or appoint a temporary guardian with only the powers and for the period of time as ordered by the court. A hearing with notice as provided in section 5311 shall be held within 28 days after the court has acted under this subsection.
(2) If an appointed guardian is not effectively performing the guardian's duties and the court further finds that the legally incapacitated individual's welfare requires immediate action, the court may appoint, with or without notice, a temporary guardian for the legally incapacitated individual for a specified period not to exceed 6 months.
(3) A temporary guardian is entitled to the care and custody of the ward, and the authority of a permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. A temporary guardian may be removed at any time. A temporary guardian shall make reports as the court requires. In other respects, the provisions of this act concerning guardians apply to temporary guardians.
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 700.5313 - Guardian; Qualifications.

700.5313 Guardian; qualifications.
Sec. 5313.
(1) The court may appoint a competent person as guardian of a legally incapacitated individual. The court shall not appoint as a guardian an agency, public or private, that financially benefits from directly providing housing, medical, mental health, or social services to the legally incapacitated individual. If the court determines that the ward's property needs protection, the court shall order the guardian to furnish a bond or shall include restrictions in the letters of guardianship as necessary to protect the property.
(2) In appointing a guardian under this section, the court shall appoint a person, if suitable and willing to serve, in the following order of priority:
(a) A person previously appointed, qualified, and serving in good standing as guardian for the legally incapacitated individual in another state.
(b) A person the individual subject to the petition chooses to serve as guardian.
(c) A person nominated as guardian in a durable power of attorney or other writing by the individual subject to the petition.
(d) A person named by the individual as a patient advocate or attorney in fact in a durable power of attorney.
(3) If there is no person chosen, nominated, or named under subsection (2), or if none of the persons listed in subsection (2) are suitable or willing to serve, the court may appoint as a guardian an individual who is related to the individual who is the subject of the petition in the following order of preference:
(a) The legally incapacitated individual's spouse. This subdivision shall be considered to include a person nominated by will or other writing signed by a deceased spouse.
(b) An adult child of the legally incapacitated individual.
(c) A parent of the legally incapacitated individual. This subdivision shall be considered to include a person nominated by will or other writing signed by a deceased parent.
(d) A relative of the legally incapacitated individual with whom the individual has resided for more than 6 months before the filing of the petition.
(e) A person nominated by a person who is caring for the legally incapacitated individual or paying benefits to the legally incapacitated individual.
(4) If none of the persons as designated or listed in subsection (2) or (3) are suitable or willing to serve, the court may appoint any competent person who is suitable and willing to serve, including a professional guardian as provided in section 5106.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 312, Eff. Jan. 1, 2001 ;-- Am. 2000, Act 463, Eff. June 1, 2001 ;-- 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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5315 - Payments for Care of Ward; Claims at Death.

700.5315 Payments for care of ward; claims at death.
Sec. 5315.
(1) To the extent granted by the court under section 5306, the guardian of an individual for whom a conservator also is appointed controls the ward's custody and care and is entitled to receive reasonable amounts for those services and for room and board furnished to the ward as agreed upon between the guardian and the conservator if the amounts agreed upon are reasonable under the circumstances. The guardian may request the conservator to expend the ward's estate by payment to a third person or institution for the ward's care and maintenance.
(2) If a ward dies while under guardianship and a conservator has not been appointed for the ward's estate and if the guardian has possession of money of the deceased ward, upon petition of the guardian and with or without notice, the court may hear a claim for burial expenses or any other 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 the claim and may provide in the 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 ward's estate.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5316 - Partial Management of Property by Ward.

700.5316 Partial management of property by ward.
Sec. 5316.
To encourage self-reliance and independence in a legally incapacitated individual, the court may authorize the individual to function without the consent or supervision of the individual's guardian or conservator in handling part of his or her money or property, including authorizing the individual to maintain an account with a financial institution. To the extent the individual is authorized to function autonomously, a person may deal with the individual as though the individual is mentally competent.
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 700.5317 - Guardianship Proceedings; Concurrent Jurisdiction.

700.5317 Guardianship proceedings; concurrent jurisdiction.
Sec. 5317.
(1) The court in the county where the ward resides has concurrent jurisdiction over resignation, removal, accounting, and other proceedings relating to the guardianship with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed.
(2) If the court in the county where the ward resides is not the court in which acceptance of appointment is filed, the court in which a proceeding is commenced after the appointment in 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 is in the best interests of the ward. After this determination is made, the court accepting a resignation or removing a guardian shall direct this fiduciary to prepare and submit a final report to both courts. A copy of an order accepting a resignation or removing a guardian and a copy of the final report must be sent to the court in which acceptance of appointment is filed. The court entering this order may permit closing of the guardianship in the court in which acceptance of appointment is filed, without notice to interested persons.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5318 - Third Person Dealing With Guardian.

700.5318 Third person dealing with guardian.
Sec. 5318.
If a third person is dealing with a guardian or is assisting a guardian in the conduct of a transaction, the third person may assume the existence of trust powers and their proper exercise by the guardian without inquiry. The third person is not bound to inquire whether the guardian may act or is properly exercising the power. Unless the third person has actual knowledge that the guardian is exceeding the guardian's powers or improperly exercising them, a third person is fully protected in dealing with the guardian as if the guardian possessed and properly exercised the powers the guardian purports to exercise. A third person is not bound to assume the proper application of estate assets paid or delivered to the guardian. This section does not apply to a third person dealing with a limited guardian.
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-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319) › Section 700.5319 - Appointment of Conservator or Protective Order; Report of Amount of Additional Cash or Property.

700.5319 Appointment of conservator or protective order; report of amount of additional cash or property.
Sec. 5319.
(1) If the court determines that financial protection is required for the ward, the court may order the guardian to petition for the appointment of a conservator or for another protective order under part 4 of this article in relation to the ward's estate.
(2) If a conservator has not been appointed for a ward's estate and the guardian determines that there is more cash or property that is readily convertible into cash in the ward's estate than was estimated by the guardian ad litem and reported to the court, the guardian shall report the amount of the additional cash or property to the court.
History:
Add. 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 700.5401 - Protective Proceedings.

700.5401 Protective proceedings.
Sec. 5401.
(1) Upon petition and after notice and hearing in accordance with this part, the court may appoint a conservator or make another protective order for cause as provided in this section.
(2) The court may appoint a conservator or make another protective order in relation to a minor's estate and affairs if the court determines that the minor owns money or property that requires management or protection that cannot otherwise be provided, has or may have business affairs that may be jeopardized or prevented by minority, or needs money for support and education and that protection is necessary or desirable to obtain or provide money.
(3) The court may appoint a conservator or make another protective order in relation to an individual's estate and affairs if the court determines both of the following:
(a) The individual is unable to manage property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance.
(b) The individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual's support, care, and welfare or for those entitled to the individual's support, and that protection is necessary to obtain or provide money.
(4) The court may appoint a conservator in relation to the estate and affairs of an individual who is mentally competent, but due to age or physical infirmity is unable to manage his or her property and affairs effectively and who, recognizing this disability, requests a conservator's appointment.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 466, 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-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5402 - Protective Proceedings; Jurisdiction.

700.5402 Protective proceedings; jurisdiction.
Sec. 5402.
After the service of notice in a proceeding seeking a conservator's appointment or other protective order and until the proceeding's termination, the court in which the petition is filed has the following jurisdiction:
(a) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceeding is terminated.
(b) Exclusive jurisdiction to determine how the protected individual's estate that is subject to the laws of this state is managed, expended, or distributed to or for the use of the protected individual or any of the protected individual's dependents or other claimants.
(c) Concurrent jurisdiction to determine the validity of a claim against the protected individual or the protected individual's estate, and questions of title concerning estate 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-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5402a - Appointment of Conservator or Issuance of Protection Order; Conditions; Connection of Individual to State; Factors.

700.5402a Appointment of conservator or issuance of protection order; conditions; connection of individual to state; factors.
Sec. 5402a.
(1) The court has jurisdiction over the appointment of a conservator or the issuance of a protective order in relation to an individual's estate and affairs under this part if any of the following apply:
(a) The individual for whom a conservator or protective order is sought resides in this state.
(b) The individual for whom a conservator or protective order is sought is present in this state and has a significant connection to this state.
(2) In determining if the individual for whom a conservator or protective order 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-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5403 - Venue.

700.5403 Venue.
Sec. 5403.
Venue for a proceeding under this part is as follows:
(a) In the court at the place in this state where the individual to be protected resides whether or not a guardian has been appointed in another place.
(b) If the individual to be protected does not reside in this state, in the court at a place where property of the individual is located.
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 700.5404 - Original Petition for Appointment or Protective Order.

700.5404 Original petition for appointment or protective order.
Sec. 5404.
(1) The individual to be protected, a person who is interested in the individual's estate, affairs, or welfare, including a parent, guardian, or custodian, or a person who would be adversely affected by lack of effective management of the individual's property and business affairs may petition for a conservator's appointment or for another appropriate protective order.
(2) The petition must set forth to the extent known the petitioner's interest; the name, age, residence, and address of the individual to be protected; the name and address of the guardian, if any; the name and address of the nearest relative known to the petitioner; a general statement of the individual's property with an estimate of the value of the property, including compensation, insurance, a pension, or an allowance to which the individual is entitled; and the reason why a conservator's appointment or another protective order is necessary. If a conservator's appointment is requested, the petition shall also set forth the name and address of the person whose appointment is sought and the basis of the claim to priority for 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 700.5405 - Notice.

700.5405 Notice.
Sec. 5405.
(1) On a petition for a conservator's appointment or another protective order, the requirements for notice described in section 5311 apply, subject to the following:
(a) If the individual to be protected has disappeared or is otherwise situated so as to make personal service of notice impracticable, notice to the individual shall be given by mail or publication as provided in section 1401.
(b) If the individual to be protected is a minor, section 5213(1) also applies.
(2) Notice of a hearing on a petition for an order after a conservator's appointment or another protective order must be given to the protected individual, a conservator of the protected individual's estate, and any other person as ordered by the court or as provided by court rule.
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 700.5408 - Protective Arrangements and Single Transactions Authorized.

700.5408 Protective arrangements and single transactions authorized.
Sec. 5408.
(1) If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual's property and business affairs, the court, without appointing a conservator, may authorize, direct, or ratify a transaction necessary or desirable to achieve a security, service, or care arrangement meeting the protected individual's foreseeable needs. Protective arrangements include, but are not limited to, payment, delivery, deposit, or retention of money or property; sale, mortgage, lease, or other transfer of property; entry into an annuity contract, contract for life care, deposit contract, or contract for training and education; or an addition to or establishment of a suitable trust.
(2) If it is established in a proper proceeding that a basis exists as described in section 540l for affecting an individual's property and business affairs, the court, without appointing a conservator, may authorize, direct, or ratify a contract, trust, or other transaction relating to the protected individual's property and business affairs if the court determines that the transaction is in the protected individual's best interests.
(3) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of the protected individual's creditors and dependents and, in view of the disability, whether the protected individual needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of a protective arrangement or other transaction authorized under this section. The special conservator has the authority conferred by the order and serves until discharged by order after reporting to the court on all matters done under the appointment order.
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 700.5409 - Appointment of Conservator.

700.5409 Appointment of conservator.
Sec. 5409.
(1) The court may appoint an individual, a corporation authorized to exercise fiduciary powers, or a professional conservator described in section 5106 to serve as conservator of a protected individual's estate. The following are entitled to consideration for appointment in the following order of priority:
(a) A conservator, guardian of property, or similar fiduciary appointed or recognized by the appropriate court of another jurisdiction in which the protected individual resides.
(b) An individual or corporation nominated by the protected individual if he or she is 14 years of age or older and of sufficient mental capacity to make an intelligent choice, including a nomination made in a durable power of attorney.
(c) The protected individual's spouse.
(d) An adult child of the protected individual.
(e) A parent of the protected individual or a person nominated by the will of a deceased parent.
(f) A relative of the protected individual with whom he or she has resided for more than 6 months before the petition is filed.
(g) A person nominated by the person who is caring for or paying benefits to the protected individual.
(h) If none of the persons listed in subdivisions (a) to (g) are suitable and willing to serve, any person that the court determines is suitable and willing to serve.
(2) A person named in subsection (1)(a), (c), (d), (e), or (f) may designate in writing a substitute to serve instead, and that designation transfers the priority to the substitute. If persons have equal priority, the court shall select the person the court considers best qualified to serve. Acting in the protected individual's best interest, the court may pass over a person having priority and appoint a person having a lower priority or no priority.
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-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5410 - Bond.

700.5410 Bond.
Sec. 5410.
(1) The court may require a conservator to furnish a bond. If the court determines that the value of cash and property that is readily convertible into cash in the estate and in the conservator's control exceeds the limit for administering a decedent's estate under section 3982, adjusted in the manner provided under section 1210 for the year in which the conservator is appointed, the court shall require the conservator to furnish a bond, unless 1 or more of the following apply:
(a) The estate contains no property readily convertible to cash and the cash is in a restricted account with a financial institution.
(b) The conservator has been granted trust powers under section 4401 of the banking code of 1999, 1999 PA 276, MCL 487.14401.
(c) The court determines that requiring a bond would impose a financial hardship on the estate.
(d) The court states on the record the reasons why a bond is not necessary.
(2) A bond furnished under this section shall be conditioned upon faithful discharge of all duties of the conservator's trust according to law, with sureties as the court specifies. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the estate property in the conservator's control plus 1 year's estimated income minus the value of securities deposited under arrangements requiring a court order for their removal and the value of land that the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. Instead of sureties on a bond, the court may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.
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 700.5411 - Terms and Requirements of Bonds.

700.5411 Terms and requirements of bonds.
Sec. 5411.
(1) The following requirements and provisions apply to a bond required under section 5410:
(a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other.
(b) By executing an approved bond of a conservator, a surety consents to the jurisdiction of the court that issued letters to the primary obligor in a proceeding pertaining to the conservator's fiduciary duties and naming the surety as a party respondent. Notice of a proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court where the bond is filed and to the address as then known to the petitioner.
(c) On petition of a successor conservator or an interested person, a proceeding may be initiated against a surety for breach of the obligation of the conservator's bond.
(d) The conservator's bond is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(2) A proceeding shall not be commenced against a surety on a matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
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 700.5412 - Qualification; Limitation and Procedure With Regard to Specified Assets; Consent to Jurisdiction.

700.5412 Qualification; limitation and procedure with regard to specified assets; consent to jurisdiction.
Sec. 5412.
(1) Before receiving letters, a conservator must qualify by filing with the appointing court a required bond and a statement of acceptance of the duties of the office.
(2) In filing the statement of acceptance, the conservator may exclude from the scope of the conservator's responsibility, for a period not exceeding 91 days, real estate or an ownership interest in a business entity if the conservator reasonably believes the real estate or property owned by the business entity is or may be contaminated by a hazardous substance, or is or has been used for an activity directly or indirectly involving a hazardous substance that could result in liability to the estate or otherwise impair the value of property held in the estate. The conservator shall identify the real estate or ownership interest being excluded and specify the time period of exclusion.
(3) If the conservator identifies excluded property under subsection (2), the conservator's responsibilities extend to the excluded property at the end of the exclusion period or upon prior notice of acceptance of that property filed by the conservator with the court, unless, before the end of the exclusion period, the conservator requests the court to appoint a special conservator with respect to the excluded property or to exercise administrative authority over the excluded property by direct judicial order.
(4) In response to a request by the general conservator under subsection (3), the court may do either of the following:
(a) Appoint a special conservator with the duty and authority to collect and manage the excluded property, but only to the extent necessary for proper settlement of the estate, to preserve the property, to account with respect to the property, and to distribute or otherwise dispose of the property as directed by the general conservator or other court order.
(b) Direct administration of the excluded property by judicial order without the appointment of a conservator with respect to the property.
(5) By accepting appointment, a conservator submits personally to the court's jurisdiction in a proceeding relating to the estate that may be instituted by an interested person. Notice of a proceeding shall be delivered to the conservator or mailed by registered or certified mail to the address listed in the petition for appointment or as reported to the court after appointment and to the address as then known to the petitioner.
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 700.5413 - Compensation and Expenses.

700.5413 Compensation and expenses.
Sec. 5413.
If not otherwise compensated for services rendered, a visitor, guardian ad litem, attorney, physician, conservator, or special conservator appointed in a protective proceeding, is entitled to reasonable compensation from the 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-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433) › Section 700.5414 - Death, Resignation, or Removal of Conservator.

700.5414 Death, resignation, or removal of conservator.
Sec. 5414.
The court may remove a conservator for good cause, upon notice and hearing, or accept a conservator's resignation. Upon the conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor.
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 700.5415 - Petitions for Orders Subsequent to Appointment.

700.5415 Petitions for orders subsequent to appointment.
Sec. 5415.
(1) A person interested in the welfare of an individual for whom a conservator is appointed may file a petition in the appointing court for an order to do any of the following:
(a) Require bond or security or additional bond or security, or reduce bond.
(b) Require an accounting for the administration of the trust.
(c) Direct distribution.
(d) Remove the conservator and appoint a temporary or successor conservator.
(e) Grant other appropriate relief.
(2) A conservator may petition the appointing court for instructions concerning fiduciary responsibility. Upon notice and hearing, the court may give appropriate instructions or make an appropriate order.
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 700.5416 - General Duty of Conservator.

700.5416 General duty of conservator.
Sec. 5416.
In relation to powers conferred by this part or implicit in the title acquired by virtue of the proceeding, a conservator shall act as a fiduciary and observe the standard of care applicable to a trustee.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC