February 5, 2013, Introduced by Senators ANDERSON, PAPPAGEORGE, JONES, BIEDA, NOFS, KOWALL, HOPGOOD, CASWELL, COLBECK, HOOD, GREGORY, PROOS, HUNTER, YOUNG, SMITH, WHITMER, JANSEN and MOOLENAAR and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 609, 614, and 618 (MCL 330.1609, 330.1614, and
330.1618).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 609. (1) A petition for the appointment of a guardian for
an individual who is developmentally disabled may be filed by an
interested person or entity or by the individual. The petition
shall set forth the following:
(a) The relationship and interest of the petitioner.
(b) The name, date of birth, and place of residence of the
respondent.
(c) The facts and reasons for the need for guardianship.
(d) The names and addresses of the individual's current
guardian, and the respondent's presumptive heirs.
(e) The name and address of the person with whom, or the
facility in which, the respondent is residing.
(f) A description and approximation of the value of the
respondent's estate including an estimate of the individual's
anticipated yearly income and the source of the income.
(g) The name, address, and age of the proposed guardian and if
the proposed guardian is a current provider of services to the
developmentally disabled.
(h) A factual description of the nature and extent of the
respondent's developmental disability.
(2) An interested person or entity or the individual in his or
her own behalf may file a petition for the appointment of a
guardian effective beginning on the individual's eighteenth
birthday for an individual who is developmentally disabled and is
not less than 17 years and 6 months of age.
Sec. 614. (1) Upon the filing of a petition, the court shall
fix a date and a place for a hearing to be held within 30 days
after the filing date of the petition. If the respondent is not
less than 17 years and 6 months of age, the court may fix a date
and a place for the hearing before the individual's eighteenth
birthday.
(2) Hearings may be held either within or without the county
in which the court has its principal office, and in quarters as the
court directs, including a facility or other convenient place.
(3) Notice of the time and place of the hearing shall be given
to the petitioner, to the respondent, to the respondent's
presumptive heirs, to the preparer of the report or another
appropriate person who performed an evaluation, to the director of
any facility in which the respondent may be residing, to the
respondent's guardian ad litem if one has been appointed, and to
the respondent's legal counsel.
Sec. 618. (1) The court, at a hearing convened under this
chapter for the appointment of a guardian, shall do all of the
following:
(a) Inquire into the nature and extent of the general
intellectual functioning of the respondent asserted to need a
guardian.
(b) Determine the extent of the impairment in the respondent's
adaptive behavior.
(c) Determine the respondent's capacity to care for himself or
herself by making and communicating responsible decisions
concerning his or her person.
(d) Determine the capacity of the respondent to manage his or
her estate and financial affairs.
(e) Determine the appropriateness of the proposed living
arrangements of the respondent and determine whether or not it is
the least restrictive setting suited to the respondent's condition.
(f) If the respondent is residing in a facility, the court
shall specifically determine the appropriateness of the living
arrangement and determine whether or not it is the least
restrictive suited to the respondent's condition.
(2) The court shall make findings of fact on the record
regarding the matters specified in subsection (1).
(3) If it is determined that the respondent possesses the
capacity to care for himself or herself and the respondent's
estate, the court shall dismiss the petition.
(4) If it is found by clear and convincing evidence that the
respondent is developmentally disabled and lacks the capacity to do
some, but not all, of the tasks necessary to care for himself or
herself or the respondent's estate, the court may appoint a partial
guardian to provide guardianship services to the respondent, but
the court shall not appoint a plenary guardian.
(5) If it is found by clear and convincing evidence that the
respondent is developmentally disabled and is totally without
capacity to care for himself or herself or the respondent's estate,
the court shall specify that finding of fact in any order and may
appoint a plenary guardian of the person or of the estate or both
for the respondent.
(6) If the court makes a finding under subsection (4) or (5)
and the respondent is not less than 17 years and 6 months of age,
the court may make an appointment of a guardian that is effective
beginning on the respondent's eighteenth birthday.