Bill Text: MI HB4335 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Probate; guardians and conservators; appointment of conservator; require court to consider if person under a guardianship has liquid assets of more than a certain limit. Amends sec. 5305 of 1998 PA 386 (MCL 700.5305) & adds sec. 5319.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2011-03-01 - Printed Bill Filed 02/25/2011 [HB4335 Detail]
Download: Michigan-2011-HB4335-Introduced.html
HOUSE BILL No. 4335
February 24, 2011, Introduced by Reps. Segal, Darany, Slavens, Smiley, Liss, Santana, Tlaib, Barnett, Bauer, Irwin, Geiss, Rutledge, Hovey-Wright, Oakes, Brown, Dillon, Haugh, Switalski, Townsend, Brunner, Cavanagh, Meadows, McCann and Lipton and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 5305 (MCL 700.5305), as amended by 2000 PA 464,
and by adding section 5319.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5305. (1) The duties of a guardian ad litem appointed for
an individual alleged to be incapacitated include all of the
following:
(a) Personally visiting the individual.
(b) Explaining to the individual the nature, purpose, and
legal effects of a guardian's appointment.
(c) Explaining to the individual the hearing procedure and the
individual's rights in the hearing procedure, including, but not
limited to, the right to contest the petition, to request limits on
the guardian's powers, to object to a particular person being
appointed guardian, to be present at the hearing, to be represented
by legal counsel, and to have legal counsel appointed for the
individual if he or she is unable to afford legal counsel.
(d) Informing the individual of the name of each person known
to be seeking appointment as guardian.
(e) Asking the individual and the petitioner about the amount
of cash and property readily convertible into cash that is in the
individual's estate.
(f) (e)
Making determinations, and
informing the court of
those determinations, on all of the following:
(i) Whether there are 1 or more appropriate alternatives to the
appointment of a full guardian or whether 1 or more actions should
be taken in addition to the appointment of a guardian. Before
informing the court of his or her determination under this
subparagraph, the guardian ad litem shall consider the
appropriateness of at least each of the following as alternatives
or additional actions:
(A) Appointment of a limited guardian, including the specific
powers and limitation on those powers the guardian ad litem
believes appropriate.
(B) Appointment of a conservator or another protective order
under part 4 of this article. In the report informing the court of
the determinations under this subdivision, the guardian ad litem
shall include an estimate of the amount of cash and property
readily convertible into cash that is in the individual's estate.
(C) Execution of a patient advocate designation, do-not-
resuscitate declaration, or durable power of attorney with or
without limitations on purpose, authority, or duration.
(ii) Whether a disagreement or dispute related to the
guardianship petition might be resolved through court ordered
mediation.
(iii) Whether the individual wishes to be present at the
hearing.
(iv) Whether the individual wishes to contest the petition.
(v) Whether the individual wishes limits placed on the
guardian's powers.
(vi) Whether the individual objects to a particular person
being appointed guardian.
(2) The court shall not order compensation of the guardian ad
litem unless the guardian ad litem states on the record or in the
guardian ad litem's written report that he or she has complied with
subsection (1).
(3) If the individual alleged to be incapacitated wishes to
contest the petition, to have limits placed on the guardian's
powers, or to object to a particular person being appointed
guardian and if legal counsel has not been secured, the court shall
appoint legal counsel to represent the individual alleged to be
incapacitated. If the individual alleged to be incapacitated is
indigent, the state shall bear the expense of legal counsel.
(4) If the individual alleged to be incapacitated requests
legal counsel or the guardian ad litem determines it is in the
individual's best interest to have legal counsel, and if legal
counsel has not been secured, the court shall appoint legal
counsel. If the individual alleged to be incapacitated is indigent,
the state shall bear the expense of legal counsel.
(5) If the individual alleged to be incapacitated has legal
counsel appointed under subsection (3) or (4), the appointment of a
guardian ad litem terminates.
Sec. 5319. (1) If a court determines that the total amount of
cash and property that is readily convertible into cash in a ward's
estate exceeds the limit for administering a decedent's estate
under section 3982, adjusted for the year in which the guardian is
appointed in the manner provided under section 1210 for certain
dollar amounts applicable to decedents' estates, or if the court
determines that financial protection is required for the ward for
another reason, the court may order the guardian to petition for
the appointment of a conservator or for another protective order
for 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 reported by the guardian ad litem under section
5305(1)(f), the guardian shall report the amount of the additional
cash or property to the court.
