Bill Text: MI SB0465 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Probate; guardians and conservators; jurisdictional provisions in the estates and protected individuals code; revise to reflect adoption of the uniform adult guardianship and protective proceedings jurisdiction act. Amends secs. 1301, 5307 & 5402 of 1998 PA 386 (MCL 700.1301 et seq.). TIE BAR WITH: SB 0466'13

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-09-10 - Referred To Committee On Judiciary [SB0465 Detail]

Download: Michigan-2013-SB0465-Introduced.html

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SENATE BILL No. 465

 

 

September 10, 2013, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending sections 1301, 5307, and 5402 (MCL 700.1301, 700.5307,

 

and 700.5402).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1301. Except as otherwise provided in this act, this act

 

applies to all of the following:

 

     (a) The affairs and estate of a decedent , or missing

 

individual , or protected individual who is domiciled in this

 

state.

 

     (b) A nonresident's property that is located in this state or

 

property coming into the control of a fiduciary that is subject to

 

the laws of this state.

 

     (c) An incapacitated individual or A minor in this state.

 

     (d) Survivorship and related accounts in this state.

 

     (e) A trust subject to administration in this state.

 

     (f) An incapacitated individual or the affairs and estate of a

 

protected individual if a court of this state has jurisdiction

 

under the uniform adult guardianship and protective proceedings

 

jurisdiction act.

 

     Sec. 5307. By Except as otherwise provided in the uniform

 

adult guardianship and protective proceedings jurisdiction act, 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.

 

     Sec. 5402. After Except as otherwise provided in the uniform

 

adult guardianship and protective proceedings jurisdiction act,

 

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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.466

 

          of the 97th Legislature is enacted into law.