Bill Text: MI HB4331 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Probate; powers of attorney; power of attorney for individuals 60 years of age or vulnerable adults; require to register with probate court. Amends title & sec. 1108 of 1998 PA 386 (MCL 700.1108) & adds secs. 5109 & 5110.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-02-19 - Printed Bill Filed 02/19/2009 [HB4331 Detail]

Download: Michigan-2009-HB4331-Introduced.html

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HOUSE BILL No. 4331

 

February 18, 2009, Introduced by Reps. Cushingberry, Durhal and Sheltrown and referred to the Committee on Judiciary.

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending the title and section 1108 (MCL 700.1108), and by

 

adding sections 5109 and 5110.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to codify, revise, consolidate, and classify aspects of

 

the law relating to wills and intestacy, relating to the

 

administration and distribution of estates of certain individuals,

 

relating to trusts, and relating to the affairs of certain

 

individuals under legal incapacity; to provide for the powers and

 

procedures of the court that has jurisdiction over these matters;

 

to provide for the validity and effect of certain transfers,

 

contracts, and deposits that relate to death; to provide procedures

 

to facilitate enforcement of certain trusts; to impose fees; to

 

create funds; to provide for the powers and duties of certain state

 

and local governmental officers and entities; and to repeal acts

 

and parts of acts.

 

     Sec. 1108. As used in this act:

 

     (a) "Vulnerable adult" means that term as defined in section

 

145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.

 

     (b) (a) "Ward" means an individual for whom a guardian is

 

appointed.

 

     (c) (b) "Will" includes, but is not limited to, a codicil and

 

a testamentary instrument that appoints a personal representative,

 

revokes or revises another will, nominates a guardian, or expressly

 

excludes or limits the right of an individual or class to succeed

 

to the decedent's property that is passing by intestate succession.

 

     Sec. 5109. (1) A power of attorney made by a principal who is

 

60 years of age or older or who is a vulnerable adult shall be

 

deposited by the principal, or by a person for him or her, with the

 

court in the county where the principal resides.

 

     (2) A power of attorney deposited under this section shall be

 

enclosed in a sealed wrapper on which is printed all of the

 

following:

 

     (a) The principal's name, place of residence, and social

 

security number or state of Michigan driver license number.

 

     (b) The name, address, and telephone number of the person

 

designated as agent in the power of attorney.

 

     (c) The day on which and the name of the person by whom it is

 

delivered.

 

     (3) A court shall receive and safely keep a power of attorney

 

delivered under this section and shall give a certificate of the

 

deposit. For this service, the court shall charge and collect a fee

 

of $35.00, which shall be deposited in the vulnerable adult

 

protection fund created in section 5110.

 

     (4) Except as ordered by the court, a power of attorney

 

deposited under this section is a nonpublic record and shall be

 

delivered only to the principal or the agent, or to some person

 

authorized by the principal or agent in writing that is proved by

 

the oath of a subscribing witness.

 

     Sec. 5110. (1) The vulnerable adult protection fund is created

 

within the state treasury.

 

     (2) The state treasurer may receive fees collected under

 

section 5109 and money or other assets from any other source for

 

deposit into the fund. The state treasurer shall direct the

 

investment of the fund.  The state treasurer shall credit to the

 

fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department of treasury shall be the administrator of

 

the fund for auditing purposes.

 

     (5) The department of treasury shall expend money from the

 

fund, upon appropriation, only for 1 or more of the following

 

purposes:

 

     (a) Investigation and prosecution of offenses under chapter

 

XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m to

 

750.145r.

 

     (b) Administration of section 5109 and this section by the

 

courts and the department of treasury.