Bill Text: MI SB0049 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Probate; guardians and conservators; provision related to compensation for professional guardian or professional conservator; modify. Amends sec. 5106 of 1998 PA 386 (MCL 700.5106).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-10-31 - Assigned Pa 0136'17 With Immediate Effect [SB0049 Detail]
Download: Michigan-2017-SB0049-Introduced.html
SENATE BILL No. 49
January 18, 2017, Introduced by Senator BOOHER and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 5106 (MCL 700.5106), as amended by 2000 PA 463.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5106. (1) Subject to the other provisions of this
section,
subsections (2) and (3), the court may appoint or approve
a professional guardian or professional conservator, as
appropriate, as a guardian or conservator under this act, or as a
plenary guardian or partial guardian as those terms are defined in
section 600 of the mental health code, 1974 PA 258, MCL 330.1600.
(2) The court shall only appoint a professional guardian or
professional conservator as authorized under subsection (1) if the
court finds on the record all of the following:
(a) The appointment of the professional guardian or
professional conservator is in the ward's, developmentally disabled
individual's, incapacitated individual's, or protected individual's
best interests.
(b) There is no other person that is competent, suitable, and
willing to serve in that fiduciary capacity in accordance with
section 5212, 5313, or 5409.
(3) The court shall not appoint a professional guardian or
professional conservator as authorized under subsection (1) unless
the professional guardian or professional conservator files a bond
in an amount and with the conditions as determined by the court.
For a professional conservator, the sureties and liabilities of the
bond
shall must be as provided in sections 5410 and 5411.
(4) A professional guardian or professional conservator
appointed under this section shall not receive as a result of that
appointment from the estate of the ward, developmentally disabled
individual, incapacitated individual, or protected individual a
benefit beyond compensation specifically authorized for that type
of fiduciary by this act or the mental health code, 1974 PA 258,
MCL 330.1001 to 330.2106, unless specifically allowed by the court.
(5) A professional guardian appointed under this section shall
establish and maintain a schedule of visitation so that an
individual associated with the professional guardian who is
responsible for the ward's care visits the ward within 3 months
after the professional guardian's appointment and not less than
once within 3 months after each previous visit.
(6) A professional guardian appointed under this section shall
ensure that there are a sufficient number of employees assigned to
the care of wards for the purpose of performing the necessary
duties associated with ensuring that proper and appropriate care is
provided.
(7) For the purposes of the statutory authorization required
by section 1105(2)(e) of the banking code of 1999, 1999 PA 276, MCL
487.11105, to act as a fiduciary in this state, if the court
appoints a for-profit or nonprofit, nonbanking corporation
organized under the laws of this state to serve in a fiduciary
capacity that is listed in subsection (1), the nonbanking
corporation is authorized to act in that fiduciary capacity. The
authorization under this subsection confers the fiduciary capacity
only to the extent necessary in the particular matter of each
appointment and is not a general grant of fiduciary authority. A
nonbanking corporation is not authorized to act in any other
fiduciary capacity.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
