Bill Text: MI SB0254 | 2023-2024 | 102nd Legislature | Introduced

Michigan Senate Bill 254

Introduced

Bill Title: Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify. Amends secs. 5104, 5106, 5303, 5304, 5305, 5306, 5306a, 5310, 5312, 5313, 5314, 5406, 5409, 5414, 5415, 5416, 5417 & 5418 of 1998 PA 386 (MCL 700.5104 et seq.) & adds secs. 5106a, 5312a, 5314a, 5314b & 5314c.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2023-04-11 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [SB0254 Detail]

Download: Michigan-2023-SB0254-Introduced.html

SENATE BILL NO. 254

April 11, 2023, Introduced by Senators WOJNO, IRWIN, POLEHANKI, CHANG, CAVANAGH, RUNESTAD and BAYER and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending sections 5104, 5106, 5303, 5304, 5305, 5306, 5306a, 5310, 5312, 5313, 5314, 5406, 5409, 5414, 5415, 5416, 5417, and 5418 (MCL 700.5104, 700.5106, 700.5303, 700.5304, 700.5305, 700.5306, 700.5306a, 700.5310, 700.5312, 700.5313, 700.5314, 700.5406, 700.5409, 700.5414, 700.5415, 700.5416, 700.5417, and 700.5418), section 5106 as amended by 2017 PA 136, sections 5303 and 5305 as amended by 2017 PA 155, section 5306 as amended by 2019 PA 170, section 5306a as added by 2012 PA 173, sections 5310 and 5312 as amended by 2000 PA 54, section 5313 as amended by 2012 PA 545, section 5314 as amended by 2018 PA 594, section 5406 as amended by 2000 PA 464, section 5409 as amended by 2000 PA 463, and sections 5417 and 5418 as amended by 2000 PA 312, and by adding sections 5106a, 5312a, 5314a, 5314b, and 5314c.

the people of the state of michigan enact:

Sec. 5104. (1) An interested person who desires to be notified before an order is made in a guardianship proceeding, including a proceeding subsequent to the appointment of a guardian under section 5312, 5312a, or in a protective proceeding under section 5401 must file a request for notice with the register of the court in which the proceeding is pending and with the attorney of record of the guardian or conservator or, if none, with the guardian or conservator, if any. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to a proceeding that occurs after the filing. If a guardianship or protective proceeding is not pending at the time a person files a request for notice as authorized by this subsection, the person shall pay a fee for filing the request, which fee shall must be in the same amount as, but is separate from, the fee required to commence such a proceeding.

(2) A governmental agency paying benefits to the individual to be protected or before whom an application for benefits is pending is an interested person in a protective proceeding.

Sec. 5106. (1) Subject to 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, 5312a, 5313, or 5409.

(3) The court shall not appoint a person as a professional guardian or professional conservator as authorized under subsection (1) unless the all of the following conditions are met:

(a) 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 are subject to sections 5410 and 5411.

(b) Either of the following conditions is met:

(i) Any of the following conditions are met:

(A) The person has obtained certification as set forth by administrative order of the supreme court.

(B) The person will serve as professional guardian or professional conservator, or both, for no more than 2 wards or protected individuals.

(C) For an individual, the individual is licensed and in good standing with the State Bar of Michigan and will serve as guardian or conservator, or both, for no more than 3 wards or protected individuals.

(ii) The person is a financial institution.

(4) A professional guardian or professional conservator appointed under this section shall not receive as a result of that appointment 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. This subsection does not prevent a person from providing compensation or other benefits, from a source other than the estate of the ward, developmentally disabled individual, incapacitated individual, or protected individual, to a professional guardian or professional conservator appointed or approved under this section. If a professional guardian or professional conservator appointed or approved under this section receives or is to receive compensation or other benefits as a result of that appointment from a person other than this state, a political subdivision of this state, or a trust created under section 5407(2), the professional guardian or professional conservator shall file with the appointing or approving court a written statement of the compensation or other benefit received or to be received, including the source of the compensation or other benefit, in a form and in a manner prescribed by the Michigan court rules. The professional guardian or professional conservator shall serve a copy of the form described in this subsection to the ward, developmentally disabled individual, incapacitated individual, or protected individual and to interested persons.

(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 visit the ward within 3 months after the professional guardian's appointment and not less than once within 3 months a month after each previous visit. A professional guardian that has obtained certification as described in subsection (3)(b)(i)(A) shall not delegate required visitation under this subsection to another person unless the other person has obtained certification as described in subsection (3)(b)(i)(A).

(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) A professional guardian or professional conservator may use support staff and other professionals, under the professional guardian's or professional conservator's active and direct supervision, to perform office functions and client services. Support staff and professionals may be used to gather and provide necessary information to the professional guardian or professional conservator regarding a ward or protected individual and to make recommendations to the professional guardian or professional conservator based on their knowledge and expertise. The professional guardian or professional conservator shall not delegate decision-making authority to support staff, professionals, or other persons regarding execution of contracts or informed consent decisions, including, but not limited to, medical, mental health, placement, or care planning decisions.

(8) (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.

Sec. 5106a. (1) Subject to subsection (2), the court shall not appoint an individual as a guardian of a legally incapacitated individual or conservator of a protected individual who is not a minor, or both, under this article unless 1 of the following conditions is met:

(a) The individual has obtained certification as set forth by administrative order of the supreme court.

(b) The individual will serve as guardian or conservator, or both, for no more than 2 legally incapacitated individuals or protected individuals and receives no compensation for providing those services.

(c) The individual is related to the legally incapacitated individual or protected individual by blood, adoption, or marriage, including step- or half-relations.

(d) The individual is licensed and in good standing with the State Bar of Michigan and will serve as guardian or conservator, or both, for no more than 3 legally incapacitated individuals or protected individuals.

(2) This section does not apply to a professional guardian or professional conservator.

Sec. 5303. (1) An individual in his or her own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity and appointment of a guardian. The petition must contain specific facts about the individual's condition and specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment.

(2) Before a petition is filed under this section, the court shall provide the person intending to file the petition with written information that sets forth alternatives to appointment of a full guardian, including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, and an explanation of each alternative.

(3) Upon On the filing of a petition under subsection (1), the court shall set a date for initial hearing. on the issue of incapacity. Unless the allegedly incapacitated individual has legal counsel of his or her own choice, the court shall appoint a guardian ad litem to represent the person in the proceeding.for the initial hearing. The court may enter a final order on the petition at the initial hearing if the court does not set a trial date under subsection (4).

(4) At the initial hearing under subsection (3), the court shall set a trial date for the petition under subsection (1) if any of the following apply:

(a) The guardian ad litem reports that the allegedly incapacitated individual objects to any portion of the relief requested by the petitioner.

(b) The allegedly incapacitated individual or his or her legal counsel requests the matter be set for trial.

(5) If the court sets a trial date at the initial hearing under subsection (4), the court shall do both of the following:

(a) Enter a scheduling order to the extent necessary.

(b) Enter an order that provides, to the extent practicable, for the attendance of the allegedly incapacitated individual at the trial if the allegedly incapacitated individual wishes to attend. An order entered under this subdivision may order any interested person over whom the court has jurisdiction to facilitate attendance or move the hearing site under section 5304.

Sec. 5304. (1) If necessary, the court may order that an individual alleged to be incapacitated be examined by a physician or mental health professional appointed by the court who shall submit a report in writing to the court at least 5 days before the hearing set under section 5303. A report prepared as provided in this subsection shall must not be made a part of the proceeding's public record, but shall must be available to the court or an appellate court in which the proceeding is subject to review, to the alleged incapacitated individual, to the petitioner, to their respective legal counsels, and to other persons as the court directs. The report may be used as provided in the Michigan rules of evidence.

(2) The alleged incapacitated individual has the right to secure an independent evaluation, at his or her own expense or, if indigent, at the expense of the this state. Compensation for an independent evaluation at public expense shall must be in an amount that, based upon on time and expense, the court approves as reasonable.

(3) A report prepared under this section shall must contain all of the following:

(a) A detailed description of the individual's physical or psychological infirmities.cognitive and functional abilities and limitations.

(b) An explanation of how and to what extent each infirmity interferes with the individual's ability to receive or evaluate information in making decisions.the individual is able to receive, understand, participate in, and evaluate information in making decisions.

(c) A If the report is being completed by a physician or mental health professional, a listing of all medications the individual is receiving, the dosage of each medication, and a description of the effects each medication has upon on the individual's behavior.

(d) A If the report is being completed by a physician or mental health professional, a prognosis for improvement in the individual's condition, including whether it is a permanent or temporary condition, and a recommendation for the most appropriate rehabilitation plan.

(e) The signatures and printed names of all individuals who performed the evaluations, upon which the report is based.where they are employed, the date of examination on which the report is based, the length of time they have known the individual, and the length of time they met the individual.

(f) Whether the individual has the ability to assign or delegate responsibilities to ensure his or her well-being.

(g) Whether the individual has executed a document directing care or naming an agent to act on his or her behalf, including, but not limited to, a power of attorney, patient advocate designation, or do-not-resuscitate order.

(h) If the report is being completed by a visitor, it must also include, at a minimum, an assessment of the existence of current formal and informal supports, the ability of supportive services and benefits to meet any unmet needs, the identification of any existing concerns regarding the individual's well-being, and the individual's ability to address those existing concerns.

(4) If the court finds that the report prepared under this section does not substantially comply with the requirements of this section, the court shall not consider the evaluation.

(5) (4) The individual alleged to be incapacitated is entitled to be present at the hearing in person, and to see or hear all evidence bearing upon on the individual's condition. If the individual wishes to be present at the hearing, all practical steps shall must be taken to ensure his or her presence, including, if necessary, moving the hearing site.

(6) (5) The individual alleged to be incapacitated is entitled to be represented by legal counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or mental health professional and the visitor, and to trial by jury.

(7) (6) The issue of incapacity may be determined at a closed hearing without a jury if requested by the individual alleged to be incapacitated or that individual's legal counsel.

Sec. 5305. (1) The Subject to subsection (2), 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, all of the following:

(i) The right to contest the petition.

(ii) The right to request limits on the guardian's powers, including a limitation on the guardian's power to execute on behalf of the ward either of the following:

(A) A do-not-resuscitate order.

(B) A physician orders for scope of treatment form.

(iii) The right to object to a particular person being appointed guardian.

(iv) The right to be present at the hearing.

(v) The right to be represented by legal counsel.

(vi) The right to have legal counsel appointed for the individual if he or she is unable to afford legal counsel.

(d) Informing the individual that if a guardian is appointed, the guardian may have the power to execute a do-not-resuscitate order on behalf of the individual and, if meaningful communication is possible, discern if the individual objects to having a do-not-resuscitate order executed on his or her behalf.

(e) Informing the individual that if a guardian is appointed, the guardian may have the power to execute a physician orders for scope of treatment form on behalf of the individual and, if meaningful communication is possible, discern if the individual objects to having a physician orders for scope of treatment form executed on his or her behalf.

(f) Informing the individual of the name of each person known to be seeking appointment as guardian.

(g) Asking the individual and the petitioner about the amount of cash and property readily convertible into cash that is in the individual's estate.

(h) 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 order, physician orders for scope of treatment form, 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 having a do-not-resuscitate order executed on his or her behalf.

(vii) Whether the individual objects to having a physician orders for scope of treatment form executed on his or her behalf.

(viii) 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, this 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, this 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.

(a) Impartially gather information as provided by law.

(b) Seek information from the individual and, if communication is possible, communicate in a manner the individual is best able to understand. If communication is not possible or there is a barrier to communication, the guardian ad litem must note that in the report under subsection (3).

(d) Advise the individual that the guardian ad litem does not represent the individual as an attorney and that no attorney-client relationship has been created.

(e) Identify whether the individual wishes to be present at the hearing. If the allegedly incapacitated individual does not wish to be present at the hearing, the guardian ad litem shall identify the reasons why the individual does not wish to be present.

(f) Identify any barrier to attending hearings at the place where court is held or otherwise fully participating in the hearing, including the need for assistive technology, transportation, or other support. If the allegedly incapacitated individual wishes to attend, the guardian ad litem must identify whether the individual has identified a plan for how the individual will attend.

(g) Identify whether the individual plans to retain legal counsel or wants appointed legal counsel. If the allegedly incapacitated individual does not plan to retain legal counsel or request appointed legal counsel, the guardian ad litem must make a recommendation as to whether legal counsel should be appointed.

(h) Identify whether a disagreement or dispute related to the petition might be resolved through court-ordered mediation.

(2) The duties of a guardian ad litem appointed for an individual alleged to be incapacitated or a legally incapacitated individual include all of the following, as applicable:

(a) Explain to the individual the nature, purpose, and legal effects of a guardian's appointment.

(b) Explain who has filed the petition and who, if anyone, has been nominated as guardian.

(c) Explain to the individual the hearing procedure and the individual's rights in the hearing procedure, as identified in section 5306a, including, but not limited to, the following:

(i) The right to contest the petition, in whole or in part.

(ii) The right to request limits on the guardian's powers.

(iii) The right to be present at the hearing. If the individual is unable to attend the hearing at the location court proceedings typically are held, the guardian ad litem shall inform the individual of his or her right for the hearing at another location.

(iv) The right to request a reasonable accommodation to allow the individual to participate as fully as possible at the hearing, including with assistive technology or other support.

(v) The right to be represented by legal counsel of the individual's choice. If the individual is unable to secure legal counsel of his or her choice, the right to have legal counsel appointed by the court.

(vi) The right to request an independent medical evaluation.

(d) Explain to the individual that if a guardian is appointed, the guardian may have the power to take certain actions on behalf of the individual. A guardian ad litem must inform the individual that a guardian may have any of the following powers and, if meaningful communication is possible, discern if the individual objects to a guardian having any of the following powers:

(i) Executing a do-not-resuscitate order.

(ii) Executing a physician orders for scope of treatment form.

(iii) Consenting to any medical treatment.

(iv) Consenting to placement decisions, including moving the individual to a nursing facility or adult foster care home.

(v) Choosing whether the individual can marry or divorce.

(vi) Handling any financial and property matters, including the sale or disposal of personal property and the maintenance of real property. The guardian ad litem shall also inquire as to whether there are any items of special or sentimental value that the individual would not want sold or otherwise disposed of, such as family photos, collections, personal correspondence, or pets, as well as the location of those items.

(e) Identify whether the individual objects to the particular person proposed as guardian, if any.

(f) If a guardian were to be appointed, identify a list of whom the individual would want to serve, in order of preference.

(g) If a guardian were to be appointed, identify whom the individual would not want to serve.

(3) A guardian ad litem appointed for an individual alleged to be incapacitated or a legally incapacitated individual shall file a written report with the court and in the form, as required by the state court administrative office.

(4) If an individual who is subject to an initial petition under this part or petition to modify under this part contests the petition, the guardian ad litem's written report required under subsection (3) must include only the following:

(a) That the individual contests the petition.

(b) Whether the individual has retained legal counsel or wishes for legal counsel to be appointed.

(5) If an individual who is subject to an initial petition under this part or petition to modify under this part does not contest the petition, the guardian ad litem's report required under subsection (3) must include only the following:

(a) The date and time the guardian ad litem met with the individual.

(b) The length of time the guardian ad litem met with the individual.

(d) Whether the guardian ad litem was able to meaningfully communicate with the individual and any barriers to communication.

(e) Who, if anyone, was present for the interview besides the individual.

(f) Whether the individual wishes to be present at the hearing. If the individual wishes to be present at the hearing but has a barrier to fully participating, the guardian ad litem must include in the written report whether the barrier can be resolved by moving the location of the hearing or using assistive technology, or both, or other support.

(g) Whether the individual has identified a plan for how the individual will attend.

(h) Whether the individual plans to retain legal counsel or has requested appointed legal counsel. If the individual has not indicated he or she wishes to be represented by legal counsel, the guardian ad litem shall include in the written report a recommendation as to whether legal counsel should be appointed to represent the individual.

(i) Whether the individual has any of the following:

(i) A power of attorney with or without limitations on purpose, authority, or time period.

(ii) A patient advocate designation.

(iii) A physician orders for scope of treatment form.

(iv) A benefits payee, trustee, or other fiduciary.

(j) Whether a disagreement or dispute related to the petition might be resolved through court-ordered mediation.

(k) Whether the appointment of a visitor with appropriate knowledge, training, and education such as a social worker, mental health professional, or medical professional could provide the court with the information on whether alternatives to guardianship or a limited guardianship is appropriate.

(l) If a guardian were appointed, who the individual would want to serve in order of preference.

(m) If a guardian were appointed, who the individual would not want to serve.

(n) An estimate of the amount of cash and property readily convertible into cash that is in the individual's estate.

(6) If a guardian ad litem is appointed for any purpose other than an initial petition under this part, petition to terminate under this part, or petition to modify under this part, the guardian ad litem must provide a written report to the court that includes, at a minimum, the information described in subsection (4) or (5), as applicable, and any other information required by law. A special limited guardian ad litem appointed under subsection (13) is not required to provide a written report unless ordered to do so by the court under subsection (13).

(7) A guardian ad litem shall file the report required under subsection (3) with the court and serve it on all interested persons at least 7 days before the date of the hearing. The court may order the report to be filed and served less than 7 days before the hearing only if the petition is made on an emergency basis under section 5312.

(8) The court shall not consider evidence included in a report or the testimony of a guardian ad litem that is not otherwise admissible under the Michigan Rules of Evidence. If the guardian ad litem does not personally appear for the hearing, the report must not be admitted into evidence.

(9) The court shall not order compensation of the guardian ad litem unless the guardian ad litem states in the guardian ad litem's written report that the guardian ad litem complied with subsections (2) to (7), as applicable.

(10) The court shall not appoint a person that was previously appointed as guardian ad litem as legal counsel for the individual if the guardian ad litem's report under subsection (3) or recommendation to the court conflicts with the wishes of the individual.

(11) If an individual who is subject to a petition under this part has not already secured legal counsel, the court shall appoint legal counsel if any of the following apply:

(a) The individual requests legal counsel.

(b) The individual objects to any part of the petition for guardianship or potential authority of a guardian.

(c) The guardian ad litem determines it is in the individual's best interest to have legal counsel if legal counsel has not been secured. If the individual who is subject to the petition is indigent, this state shall bear the expense of appointed legal counsel under this subsection.

(12) If an individual who is subject to a petition under this part has legal counsel appointed or retained, the appointment of a guardian ad litem terminates. The report of the guardian ad litem must not be admitted into evidence after the appearance or appointment of legal counsel for the individual who is subject to the petition.

(13) After appointment or retention of legal counsel for the individual who is subject to the petition under this part, the court may, for good cause shown, appoint a special limited guardian ad litem to provide information on a narrowly defined issue that will likely otherwise be inadequately addressed. A special guardian ad litem is exempt from subsections (2) to (6). The court may order that a special limited guardian ad litem appointed under this subsection provide a written report. The report under this subsection must contain the information the court considers necessary to adequately address the issue leading to the appointment of the special limited guardian ad litem. A special limited guardian ad litem shall not communicate directly with the individual who is subject to the petition and must instead communicate through legal counsel to the individual who is subject to the petition, unless legal counsel otherwise gives consent.

(14) An individual alleged to be incapacitated has the right to retain legal counsel of his or her choice at any stage, regardless of findings regarding his or her capacity. Retained legal counsel shall file a substitution of legal counsel or a motion to substitute if legal counsel has already been appointed.

Sec. 5306. (1) The court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual, with each finding supported separately on the record. Alternately, the court may dismiss the proceeding or enter another appropriate order.

(2) The court shall dismiss the proceeding under subsection (1) if the court cannot be shown both of the following by clear and convincing evidence:

(a) That the individual for whom a guardian is sought is an incapacitated individual.

(b) That the appointment is necessary as a means of providing continuing care and supervision of the individual.

(3) At any time during the proceedings under subsection (1), the court may stay the guardianship proceedings for a reasonable period of time, based on the needs of the individual, to allow the individual the opportunity to explore the alternatives to appointment of a guardian. If the individual properly names a patient advocate under a patient advocate designation, an attorney in fact under a power of attorney, or a representative payee under a governmental benefit during the stay under this subsection and provides evidence of naming the patient advocate, attorney in fact, or representative payee to the court, the court may dismiss the petition with or without a hearing. This subsection does not prevent the court from ordering a temporary guardianship under section 5312a if the temporary guardianship is limited in scope and the court explicitly finds that the individual has the capacity to execute a power of attorney, patient advocate designation, or designate a representative payee.

(4) (2) The court shall grant a guardian only those powers and only for that period of time as is necessary to provide for the demonstrated need of the incapacitated individual. The court shall design the guardianship to encourage the development of maximum self-reliance and independence in the individual. If the court is aware that an individual has executed a patient advocate designation under section 5506, the court shall not grant a guardian any of the same powers that are held by the patient advocate. A court order establishing a guardianship shall specify any limitations on the guardian's powers and any time limits on the guardianship.

(5) (3) If the court finds by clear and convincing evidence that an individual is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself, the court may appoint a limited guardian to provide guardianship services to the individual, but the court shall not appoint a full guardian.

(6) (4) If the court finds by clear and convincing evidence that the individual is incapacitated and is totally without capacity to care for himself or herself, the court shall specify that finding of fact in an order and may appoint a full guardian.

(7) (5) If an individual executed a patient advocate designation under section 5506 before the time the court determines that he or she became a legally incapacitated individual, a guardian does not have and shall not exercise the power or duty of making medical or mental health treatment decisions that the patient advocate is designated to make. If, however, a petition for guardianship or for modification under section 5310 alleges and the court finds that the patient advocate designation was not executed in compliance with section 5506, that the patient advocate is not complying with the terms of the designation or with the applicable provisions of sections 5506 to 5515, or that the patient advocate is not acting consistent with the ward's best interests, the court may modify the guardianship's terms to grant those powers to the guardian.

(8) (6) If the court finds by clear and convincing evidence that the individual is incapacitated, that the person that has the care and custody of the incapacitated individual denied another person access to the incapacitated individual, and that the incapacitated individual desires contact with the other person or that contact with the other person is in the incapacitated individual's best interest, the court may appoint a limited guardian to supervise access with the other person.

Sec. 5306a. (1) An individual for whom a guardian is sought or has been appointed under section 5306 has all of the following rights:

(a) To object to the appointment of a successor guardian by will or other writing, as provided in section 5301.

(b) To have the guardianship proceeding commenced and conducted in the place where the individual resides or is present or, if the individual is admitted to an institution by a court, in the county in which the court is located, as provided in section 5302.

(d) To have legal counsel of his or her own choice represent him or her on the petition to appoint a guardian, as provided in sections 5303, 5304, and 5305.

(e) If he or she is not represented by legal counsel, to the appointment of a guardian ad litem to represent the individual on the petition to appoint a guardian, as provided in section 5303.

(f) To an independent evaluation of his or her capacity by a physician or mental health professional, at public expense if he or she is indigent, as provided in section 5304.

(g) To be present at the hearing on the petition to appoint a guardian and to have all practical steps taken to ensure this, including, if necessary, moving the hearing site, as provided by section 5304.

(h) To see or hear all the evidence presented in the hearing on the petition to appoint a guardian, as provided in section 5304.

(i) To present evidence and cross-examine witnesses in the hearing on the petition to appoint a guardian, as provided in section 5304.

(j) To a trial by jury on the petition to appoint a guardian, as provided in section 5304.

(k) To a closed hearing on the petition to appoint a guardian, as provided in section 5304.

(l) If a guardian ad litem is appointed, to be personally visited by the guardian ad litem, as provided in section 5305.

(m) If a guardian ad litem is appointed, to an explanation by the guardian ad litem of the nature, purpose, and legal effects of a guardian's appointment, as provided in section 5305.

(n) If a guardian ad litem is appointed, to an explanation by the guardian ad litem of the individual's rights in the hearing procedure, as provided in section 5305.

(o) If a guardian ad litem is appointed, to be informed by the guardian ad litem of 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 if the individual is unable to afford legal counsel, as provided in section 5305.

(p) To be informed of the name of each person known to be seeking appointment as guardian, including, if a guardian ad litem is appointed, to be informed of the names by the guardian ad litem as provided in section 5305.

(q) To require that proof of incapacity and the need for a guardian be proven by clear and convincing evidence, as provided in section 5306.

(r) To the limitation of the powers and period of time of a guardianship to only the amount and time that is necessary, as provided in section 5306.

(s) To a guardianship designed to encourage the development of maximum self-reliance and independence as provided in section 5306.

(t) To prevent the grant of powers to a guardian if those powers are already held by a valid patient advocate, as provided in section 5306.

(u) To periodic review of the guardianship by the court, including the right to a hearing and the appointment of an attorney if issues arise upon the review of the guardianship, as provided in section 5309.

(v) To, at any time, seek modification or termination of the guardianship by informal letter to the judge, as provided in section 5310.

(w) To a hearing within 28 days of requesting a review, modification, or termination of the guardianship, as provided in section 5310.

(x) To the same rights on a petition for modification or termination of the guardianship including the appointment of a visitor as apply to a petition for appointment of a guardian, as provided in section 5310.

(y) To personal notice of a petition for appointment or removal of a guardian, as provided in section 5311.

(z) To written notice of the nature, purpose, and legal effects of the appointment of a guardian, as provided in section 5311.

(aa) To choose the person who will serve as guardian, if the chosen person is suitable and willing to serve, as provided in section 5313.

(bb) To consult with the guardian about major decisions affecting the individual, if meaningful conversation is possible, as provided in section 5314.

(cc) To quarterly visits by the guardian, as provided in section 5314.

(dd) To have the guardian notify the court within 14 days of a change in the individual's residence, as provided in section 5314.

(dd) (ee) To have the guardian secure services to restore the individual to the best possible state of mental and physical well-being so that the individual can return to self-management at the earliest possible time, as provided in section 5314.

(ee) (ff) To have the guardian take reasonable care of the individual's clothing, furniture, vehicles, and other personal effects, as provided in section 5314.

(2) A guardian ad litem shall inform the ward in writing of his or her rights enumerated in this section. The state court administrative office and the office of services to the aging created in section 5 of the older Michiganians act, 1981 PA 180, MCL 400.585, aging and adult services agency created under Executive Reorganization Order No. 2015-1, MCL 400.227, shall promulgate a form to be used to give the written notice under this section, which shall must include space for the court to include information on how to contact the court or other relevant personnel with respect to the rights enumerated in this section.

Sec. 5310. (1) On petition of the guardian and subject to the filing and approval of a report prepared as required by section 5314, the court shall accept the guardian's resignation and make any other order that is appropriate.

(2) The ward or a person interested in the ward's welfare may petition for an order removing the guardian, appointing a successor guardian, modifying the guardianship's terms, or terminating the guardianship. A request for this order may be made by informal letter to the court or judge. A person who knowingly interferes with the transmission of this kind of request to the court or judge is subject to a finding of contempt of court. A petition for an order appointing a successor guardian under this subsection is subject to the priority of appointment under section 5313.

(3) Except as otherwise provided in the order finding incapacity, upon on receiving a petition or request under this section, the court shall set a date for a hearing to be held within 28 days after the receipt of the petition or request. An order finding incapacity may specify a minimum period, not exceeding 182 days, during which a petition or request for a finding that a ward is no longer an incapacitated individual, or for an order removing the guardian, modifying the guardianship's terms, or terminating the guardianship, shall must not be filed without special leave of the court.

(4) Before removing a guardian, appointing a successor guardian, modifying the guardianship's terms, or terminating a guardianship, and following the same procedures to safeguard the ward's rights as apply to a petition for a guardian's appointment, the court may send a visitor to the present guardian's residence and to the place where the ward resides or is detained to observe conditions and report in writing to the court.

Sec. 5312. (1) If an individual does not have a guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, the court shall provide notice to the individual alleged to be incapacitated and shall hold a hearing. Upon a showing that the individual is an incapacitated individual, the court may exercise the power of a guardian, or appoint a temporary guardian with only the powers and for the period of time as ordered by the court. A hearing with notice as provided in section 5311 shall be held within 28 days after the court has acted under this subsection.

(2) If an appointed guardian is not effectively performing the guardian's duties and the court further finds that the legally incapacitated individual's welfare requires immediate action, the court may appoint, with or without notice, a temporary guardian for the legally incapacitated individual for a specified period not to exceed 6 months.

(3) A temporary guardian is entitled to the care and custody of the ward, and the authority of a permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. A temporary guardian may be removed at any time. A temporary guardian shall make reports as the court requires. In other respects, the provisions of this act concerning guardians apply to temporary guardians.

(1) An interested person may file a petition to appoint an emergency guardian for an allegedly incapacitated individual under this subsection. If a petition is filed under this subsection, the petitioner shall give notice, except as otherwise provided in subsection (2), as provided by section 5311, and the court shall appoint a guardian ad litem under section 5305. The court shall conduct a hearing on a petition under this subsection as soon as possible and not later than 7 days after the court receives the petition. Except as otherwise provided in subsection (2), following the hearing under this subsection, the court may appoint an emergency guardian if the court finds by a preponderance of the evidence that all of the following apply:

(a) An emergency exists that is likely to result in substantial harm to the allegedly incapacitated individual's physical health, safety, or welfare.

(b) No other person appears to have authority to act in the circumstances.

(c) There is a basis that both the individual is an incapacitated individual and appointment of an emergency guardian is necessary as a means of providing continuing care and supervision of the individual.

(2) On the filing of a petition to appoint an emergency guardian under subsection (1), the court may appoint an emergency guardian for an allegedly incapacitated individual without notice to the allegedly incapacitated individual only if the court determines from an affidavit or ex parte testimony showing, by clear and convincing evidence, that all of the following apply:

(a) An emergency exists that is likely to result in imminent and substantial harm to the allegedly incapacitated individual's physical health, safety, or welfare.

(b) No other person appears to have authority to act in the circumstances.

(3) If the court appoints an emergency guardian under subsection (2), the court shall do all of the following:

(a) Appoint a guardian ad litem for the allegedly incapacitated individual under section 5305.

(b) Within 48 hours after the appointment of an emergency guardian under this subsection, give notice of the appointment to the allegedly incapacitated individual and any other person, as determined by the court.

(c) Within 7 days after the appointment of an emergency guardian under this subsection, hold a hearing on whether the conditions for the appointment of the emergency guardian exist.

(4) If the court finds conditions exist for the appointment of the emergency guardian at a hearing under this section, and the individual wishes to contest the appointment, the court must set a date for a hearing and enter an order consistent with section 5305(5).

(5) An order appointing an emergency guardian under this section expires 28 days after the appointment. However, the court may extend an order appointing an emergency guardian under this section once for an additional 28 days if the court finds by a preponderance of the evidence, upon an affidavit by the appointed emergency guardian or following a hearing set at the discretion of the court, that the conditions that led to the appointment of the emergency guardian still exist.

(6) An emergency guardian may only exercise the powers specified by the court.

(7) The court may remove an emergency guardian at any time.

(8) An appointment of an emergency guardian under this section is not a determination that a basis exists for an appointment of a guardian under section 5306(1).

Sec. 5312a. (1) The court may appoint a temporary guardian under section 5301a and this section.

(2) If an appointed guardian is not effectively performing the guardian's duties and the court further finds that the ward's welfare requires immediate action, the court may appoint, with or without notice, a temporary guardian for the ward for a specified period not to exceed 6 months.

(3) A temporary guardian is entitled to the care and custody of the ward, and the authority of a permanent guardian previously appointed by the court is suspended while a temporary guardian has authority. A temporary guardian may be removed at any time. A temporary guardian shall make reports as the court requires. In other respects, the provisions of this act concerning guardians apply to temporary guardians.

Sec. 5313. (1) The Subject to section 5106a, the court may appoint a competent person as guardian of a legally incapacitated individual. The court shall not appoint as a guardian an agency, public or private, that financially benefits from directly providing housing, medical, mental health, caregiving, or social services to the legally incapacitated individual. If the court determines that the ward's property needs protection, the court shall order the guardian to furnish a bond or shall include restrictions in the letters of guardianship as necessary to protect the property.

(2) In appointing a guardian under this section, the court shall appoint a person, if suitable under subsection (5) and willing to serve, in the following order of priority:

(a) A person previously appointed, qualified, and serving in good standing as guardian for the legally incapacitated individual in another state.

(b) A person the individual subject to the petition chooses to serve as guardian.

(c) A person nominated as guardian in a durable power of attorney or other writing by the individual subject to the petition.

(d) A person named by the individual as a patient advocate or attorney in fact in a durable power of attorney.

(3) If there is no person chosen, nominated, or named under subsection (2), or if none of the persons listed in subsection (2) are suitable under subsection (5) or willing to serve, the court may appoint as a guardian an individual who is related to the individual who is the subject of the petition in the following order of preference:

(a) The legally incapacitated individual's spouse. This subdivision shall must be considered to include a person nominated by will or other writing signed by a deceased spouse.

(b) An adult child of the legally incapacitated individual.

(c) A parent of the legally incapacitated individual. This subdivision shall must be considered to include a person nominated by will or other writing signed by a deceased parent.

(d) A relative of the legally incapacitated individual with whom the individual has resided for more than 6 months before the filing of the petition.

(e) A person nominated by a person who is caring for the legally incapacitated individual or paying benefits to the legally incapacitated individual.

(4) If none of the persons as designated or listed in subsection (2) or (3) are suitable under subsection (5) or willing to serve, the court may appoint any competent person who is suitable under subsection (5) and willing to serve, including a professional guardian as provided in section 5106.

(5) The court shall appoint a person with priority guardian of a legally incapacitated individual unless specific findings on the record indicate that the person is not suitable as set forth in this subsection or is not willing to serve. A person is suitable to serve on a determination of specific findings of the court, including, but not limited to, all of the following factors:

(a) The preference of the individual subject to the guardianship, including who should serve and not serve as guardian.

(b) The person's availability to the individual subject to the guardianship.

(d) The person's criminal history that is relevant to the care, custody, and control of the individual subject to the guardianship.

(e) The person's personal history, including, but not limited to, employment, training, skills, and stability, that will facilitate fulfillment of duties.

(f) The person's ability to fulfill duties regardless of interpersonal disputes between interested persons or others with an interest in the welfare of the individual subject to guardianship. Interpersonal disputes alone must not be the basis for finding a person with priority, under subsection (2) or (3), is unsuitable.

(g) The person's ability to meet the requirements of section 5410.

(6) In deciding between 2 persons with equal priority under subsection (2), the court shall weigh the factors in subsection (5) with specific findings on the record. The court may appoint 2 persons to serve as coguardians. Unless the order of appointment and letters of guardianship otherwise state, coguardians must act jointly. However, a coguardian may delegate the coguardian's authority to the other coguardian under section 5103.

Sec. 5314. If meaningful communication is possible, a legally incapacitated individual's guardian shall consult with the legally incapacitated individual before making a major decision affecting the legally incapacitated individual. To the extent a guardian of a legally incapacitated individual is granted powers by the court under section 5306, the guardian is responsible for the ward's care, custody, and control, but is not liable to third persons because of that responsibility for the ward's acts. In particular and without qualifying the previous sentences, a guardian has all of the following powers and duties, to the extent granted by court order:

(a) The Subject to section 5314c, the custody of the person of the ward and the power to establish the ward's place of residence in or outside this state. The guardian shall visit the ward within 3 months after the guardian's appointment and not less than once within 3 months after each previous visit. The guardian shall notify the court within 14 days of a change in the ward's place of residence or a change in the guardian's place of residence.If the guardian is a professional guardian, the professional guardian shall visit the ward as required under this part.

(b) If entitled to custody of the ward, the duty to make provision for the ward's care, comfort, and maintenance and, when appropriate, arrange for the ward's training and education. The guardian shall secure services to restore the ward to the best possible state of mental and physical well-being so that the ward can return to self-management at the earliest possible time. Without regard to custodial rights of the ward's person, the guardian shall take reasonable care of the ward's clothing, furniture, vehicles, and other personal effects and commence a protective proceeding if the ward's other property needs protection. If a guardian commences a protective proceeding because the guardian believes that it is in the ward's best interest to sell or otherwise dispose of the ward's real property or interest in real property, the court may appoint the guardian as special conservator and authorize the special conservator to proceed under section 5423(3). A guardian shall not otherwise sell the ward's real property or interest in real property.

(c) The power to give the consent or approval that is necessary to enable the ward to receive medical, mental health, or other professional care, counsel, treatment, or service. However, a guardian does not have and shall not exercise the power to give the consent to or approval for inpatient hospitalization unless the court expressly grants the power in its order. If the ward objects or actively refuses mental health treatment, the guardian or any other interested person must follow the procedures provided in chapter 4 of the mental health code, 1974 PA 258, MCL 330.1400 to 330.1490, to petition the court for an order to provide involuntary mental health treatment. The power of a guardian to execute a do-not-resuscitate order under subdivision (d), execute a nonopioid directive form under subdivision (f), or execute a physician orders for scope of treatment form under subdivision (g) does not affect or limit the power of a guardian to consent to a physician's order to withhold resuscitative measures in a hospital. As used in this subdivision, "involuntary mental health treatment" means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.

(d) The power to execute, reaffirm, and revoke a do-not-resuscitate order on behalf of a ward. However, a guardian shall not execute a do-not-resuscitate order unless the guardian does all of the following:

(i) Not more than 14 days before executing the do-not-resuscitate order, visits the ward and, if meaningful communication is possible, consults with the ward about executing the do-not-resuscitate order.

(ii) Consults directly with the ward's attending physician as to the specific medical indications that warrant the do-not-resuscitate order.

(e) If a guardian executes a do-not-resuscitate order under subdivision (d), not less than annually after the do-not-resuscitate order is first executed, the duty to do all of the following:

(i) Visit the ward and, if meaningful communication is possible, consult with the ward about reaffirming the do-not-resuscitate order.

(ii) Consult directly with the ward's attending physician as to specific medical indications that may warrant reaffirming the do-not-resuscitate order.

(f) The power to execute, reaffirm, and revoke a nonopioid directive form on behalf of a ward.

(g) The power to execute, reaffirm, and revoke a physician orders for scope of treatment form on behalf of a ward. However, a guardian shall not execute a physician orders for scope of treatment form unless the guardian does all of the following:

(i) Not more than 14 days before executing the physician orders for scope of treatment form, visits the ward and, if meaningful communication is possible, consults with the ward about executing the physician orders for scope of treatment form.

(ii) Consults directly with the ward's attending physician as to the specific medical indications that warrant the physician orders for scope of treatment form.

(h) If a guardian executes a physician orders for scope of treatment form under subdivision (f), (g), not less than annually after the physician orders for scope of treatment is first executed, the duty to do all of the following:

(i) Visit the ward and, if meaningful communication is possible, consult with the ward about reaffirming the physician orders for scope of treatment form.

(ii) Consult directly with the ward's attending physician as to specific medical indications that may warrant reaffirming the physician orders for scope of treatment form.

(i) If a conservator for the ward's estate is not appointed, the power to do any all of the following:

(i) Institute The power to institute a proceeding to compel a person under a duty to support the ward or to pay money for the ward's welfare to perform that duty.

(ii) Receive The power to receive money and tangible property deliverable to the ward and apply the money and property for the ward's support, care, and education. The guardian shall not use money from the ward's estate for room and board that the guardian or the guardian's spouse, parent, or child have furnished the ward unless a charge for the service is approved by court order made on notice to at least 1 of the ward's next of kin, if notice is possible. The guardian shall exercise care to conserve any excess for the ward's needs.

(iii) The duties under sections 5314a and 5314b.

(j) The duty to report the condition of the ward and the ward's estate that is subject to the guardian's possession or control, as required by the court, but not less often than annually. The guardian shall also serve the report required under this subdivision on the ward and interested persons as specified in the Michigan court rules. A report under this subdivision must contain all of the following:

(i) The ward's current mental, physical, and social condition.

(ii) Improvement or deterioration in the ward's mental, physical, and social condition that occurred during the past year.

(iii) The ward's present living arrangement and changes in his or her living arrangement that occurred during the past year.

(iv) Whether the guardian recommends a more suitable living arrangement for the ward.

(v) Medical treatment, including mental health treatment, received by the ward.

(vi) Whether the guardian has executed, reaffirmed, or revoked a do-not-resuscitate order on behalf of the ward during the past year.

(vii) Whether the guardian has executed, reaffirmed, or revoked a nonopioid directive form on behalf of the ward during the past year.

(viii) Whether the guardian has executed, reaffirmed, or revoked a physician orders for scope of treatment form on behalf of the ward during the past year.

(ix) Services received by the ward.

(x) A list of the guardian's visits with, and activities on behalf of, the ward.

(xi) A recommendation as to the need for continued guardianship.

(k) If a conservator is appointed, the duty to pay to the conservator, for management as provided in this act, the amount of the ward's estate received by the guardian in excess of the amount the guardian expends for the ward's current support, care, and education. The guardian shall account to the conservator for the amount expended.

Sec. 5314a. (1) If a conservator has not been appointed for the ward, within 56 days after appointment or within another time period specified by court rule, a guardian with any power over the property of the ward under section 5314 shall prepare and file with the appointing court a complete inventory of the estate subject to the guardianship together with an oath or affirmation that the inventory is believed to be complete and accurate so far as information permits. The guardian shall file, along with the inventory, account statements that reflect the value of depository and investment accounts dated within 30 days after the inventory's date. The guardian shall provide a copy of the inventory to the ward if the ward can be located and to interested persons as specified in the Michigan court rules.

(2) The guardian must keep suitable records of the administration and provide those records on the request of an interested person.

(3) The guardian shall identify on the inventory under subsection (1) any items of special personal or sentimental value, including, but not limited to, family heirlooms, photo albums, or collections. To the extent meaningful communication permits, the guardian must make an inquiry with the ward as to what items the ward identifies as having special personal or sentimental value. The items must include items identified by a guardian ad litem under section 5305. If the guardian is unable to locate an item identified as having special personal or sentimental value at the time of filing the inventory, the guardian must state that on the inventory.

(4) The guardian shall list on the inventory under subsection (1) any merchandise, funeral services, cemetery services, or prepaid contracts for which the legally incapacitated individual or guardian is the contract buyer or contract beneficiary under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235. If the guardianship estate includes an asset described in this subsection, the guardian must file, with the inventory, all of the following:

(a) A copy of any prepaid contract under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(b) Proof that payments made under a prepaid contract are held in escrow or under a trust agreement in compliance with the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(5) The inventory under subsection (1) must list property with reasonable detail and the type and amount of any encumbrance.

(6) The inventory under subsection (1) must be served on all interested persons. Any interested person may file an objection with the court to the inventory and serve it on all interested persons. The court shall set the matter for hearing.

Sec. 5314b. (1) If a conservator has not been appointed for the ward, the guardian shall account to the court for administration of the ward's estate not less than annually unless the court directs otherwise, on resignation or removal, and at other times as the court directs. The guardian must file, along with the account, account statements that reflect the value of depository and investment accounts dated within 30 days after the inventory's date and receipts, invoices, or other documentation for expenses in excess of $1,000.00. The account must be in the form as provided by the state court administrative office, or substantially similar. The account must detail assets including those identified in section 5314a, debts, gross income, and expenses.

(2) Within 56 days after termination of the ward's guardianship, a guardian with any authority over property of the formerly legally incapacitated individual shall account to the court or to the formerly legally incapacitated individual or that formerly legally incapacitated individual's successors. Subject to appeal or vacation within the time permitted, an order after notice and hearing allowing an intermediate account of a guardian adjudicates as to liabilities concerning the matters considered in connection with the accounts, and an order, after notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the guardian to the formerly legally incapacitated individual or the formerly legally incapacitated individual's successors relating to the guardianship. In connection with any account, the court may require a guardian to submit to a physical check of the estate in any manner the court specifies.

(3) In the account required under subsection (1) or (2), the guardian shall provide information on the status of any items identified in section 5314a. If the guardian has disposed of or sold any of the items described in section 5314a, the guardian must describe on the account how the guardian fulfilled the guardian's duties under section 5314a.

(4) If the individual's estate includes any merchandise, funeral services, cemetery services, or prepaid contracts for which the individual or guardian is the contract buyer or contract beneficiary under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235, the guardian must file all of the following, with the account under subsection (1) or (2):

(a) A copy of any prepaid contract under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(b) Proof that payments made under a prepaid contract are held in escrow or under a trust agreement in compliance with the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(5) The guardian shall file a copy of an account under subsection (1) or (2), as applicable, and account statements with the court and serve on all interested persons. Within 28 days after serving the account and account statements under this subsection, an interested person may file an objection to the account with the court and serve the objection on all interested persons. If an interested person objects, the court shall set the matter for hearing. If the ward objects to an account filed under this section, the court must appoint a guardian ad litem to visit the ward in the same manner as specified in section 5305. The court shall appoint legal counsel to represent the ward if any of the following apply:

(a) The ward requests legal counsel.

(b) The guardian ad litem believes that appointment of legal counsel is in the best interest of the ward.

(6) On receipt of an annual account under subsection (1), the court shall set the matter for hearing unless both of the following apply:

(a) No objection to the annual account has been filed within 28 days after the annual account is served on interested persons.

(b) The probate judge, probate register, or deputy probate register makes written findings that all of the following apply:

(i) The account includes sufficient documentation that the estate's assets are to the extent possible correctly titled to the guardian in its fiduciary capacity if necessary.

(ii) The guardian has filed a copy of account statements that reflect the value of depository and investment accounts dated within 30 days after the end of the accounting period.

(iii) The guardian has filed documentation for expenses over $1,000.00.

(iv) Fees and costs are reasonable and should be allowed.

(v) On the face of the filing it appears to meet the requirements of subsections (1), (3), and (4).

(vi) The guardian properly filed and served the account and required documentation on all interested persons.

Sec. 5314c. (1) The guardian shall maintain a legally incapacitated individual in the legally incapacitated individual's permanent residence if possible and consistent with the well-being and preferences of the legally incapacitated individual. If a legally incapacitated individual is removed from his or her permanent residence temporarily for any reason, the guardian shall make all reasonable efforts to return the legally incapacitated individual to his or her permanent residence at the earliest opportunity consistent with the legally incapacitated individual's wishes. Temporary removal of the legally incapacitated individual from his or her permanent residence for the purpose of receiving health care or supervision, for engaging in family or social activities, or for other reasons including the well-being or convenience of the legally incapacitated individual does not relieve the guardian of the obligations set forth in this section regarding permanent removal from the permanent residence. A guardian shall not primarily consider the guardian's own convenience or benefit when making a decision to remove the legally incapacitated individual from the legally incapacitated individual's permanent residence or selecting a new residence for the legally incapacitated individual.

(2) A guardian shall explore reasonably available and affordable supports and services that could enable the legally incapacitated individual to remain in his or her permanent residence.

(3) If a guardian proposes to move the legally incapacitated individual from his or her permanent residence, the guardian shall attempt to consult with the legally incapacitated individual and honor the legally incapacitated individual's preference to the greatest extent possible.

(4) If a person petitioning for guardianship under section 5303 or a guardian that has been appointed under section 5306 believes that it is necessary for the well-being of the alleged incapacitated individual or legally incapacitated individual, as applicable, to move the individual permanently from his or her permanent residence, the petitioner may seek court approval to do so by filing a separate petition for authority to move the individual. The separate petition must include all of the following information:

(a) The individual's current permanent residence.

(b) The proposed new residence.

(d) Whether the move is to a more or less restrictive setting.

(e) The efforts made or resources explored to enable the individual to remain in his or her current permanent residence.

(f) Whether the guardian has engaged in meaningful communication with the individual about the proposed move.

(g) Whether the individual objects to or supports the proposed move.

(5) If a petition for removal from the permanent residence has been filed under subsection (4), the guardian ad litem appointed for the alleged incapacitated individual or legally incapacitated individual, as applicable, shall, in addition to the other duties set forth in section 5305, do all of the following:

(a) Advise the individual that a petition has been filed to move the individual from his or her permanent residence to the new residence identified in the petition.

(b) Explain that if the court grants the petition to move the individual, the guardian will have the authority to change the individual's permanent residence to the location specified in the petition.

(d) Include a summary of the discussion in the guardian ad litem's written report.

(6) If the alleged incapacitated individual or legally incapacitated individual does not already have legal counsel, the court shall appoint legal counsel if the individual files an objection to the petition for authority to move the individual from his or her permanent residence under subsection (4) or if the guardian ad litem's report under subsection (5) states that the individual objects to being removed from his or her permanent residence.

(7) If the court grants the petition for a finding of incapacity and appointment of a guardian under section 5303, the court may also grant the separate petition for authority to move the legally incapacitated individual under subsection (4) if, after due consideration and opportunity for testimony on the matter, it determines by clear and convincing evidence that moving the legally incapacitated individual from the permanent residence to the residence identified in the petition is 1 or more of the following:

(a) Necessary to protect the individual's physical health, safety, or welfare.

(b) Consistent with the individual's wishes.

(8) If the court does not grant the separate petition to move the legally incapacitated individual under section (4) at the hearing where the court appoints the guardian under section 5306, the guardian shall not permanently remove the legally incapacitated individual, except as otherwise provided in this section, unless the guardian files a subsequent separate petition under section (4) and the court grants that petition.

(9) If the guardian determines that failure to move the legally incapacitated individual from his or her permanent residence more promptly is likely to be detrimental to the legally incapacitated individual's physical health, safety, or welfare, the guardian may file an emergency ex parte motion before any move and explain the urgency of the circumstances that necessitate a more immediate order. The guardians shall provide affidavits or ex parte testimony in support of the motion. The court shall grant the motion if the court determines by clear and convincing evidence that delaying the change in the permanent residence is likely to result in substantial harm to the legally incapacitated individual's physical health, safety, or welfare. If the ex parte motion is granted, the court shall hold a hearing within 7 days after the order to determine whether the move must be made permanent unless or until further order of the court. The court shall appoint a guardian ad litem under subsection (5). The guardian ad litem must file and serve his or her report by a date and time ordered by the court that is before the hearing.

(10) If the legally incapacitated individual must leave the permanent residence because the residence becomes permanently unavailable as the result of a facility closure, removal of the property from the rental market, irreparable damage to the permanent residence, or other circumstances, the guardian shall provide at least 14 days' prior written notice to the legally incapacitated individual if possible under the circumstances or, if less time is available before the legally incapacitated individual must move, notice at the earliest opportunity. The guardian shall also attempt to consult with the legally incapacitated individual and honor the legally incapacitated individual's preferences to the greatest extent possible regarding where the legally incapacitated individual would like to move. The guardian shall provide written notice to the court within 14 days after the move explaining why the permanent residence is no longer available, whether the guardian attempted to consult with the legally incapacitated individual about where the legally incapacitated individual wanted to move, whether the guardian honored the legally incapacitated individual's preferences regarding where he or she wanted to move, the address of the new residence, the type of residence, and how the new residence will meet the legally incapacitated individual's needs. If the legally incapacitated individual's residence becomes permanently unavailable, the guardian is not required to file a petition under subsection (4) and the court is not required to appoint a guardian ad litem or legal counsel or hold a hearing.

(11) The guardian shall not move the legally incapacitated individual out of state without order of the court. If the guardian petitions to move the legally incapacitated individual out of state, a guardian ad litem must be appointed and the court shall schedule a hearing regardless of whether the individual files objections or expresses dissatisfaction with the proposed move. If the legally incapacitated individual files objections or expresses dissatisfaction with the proposed move, the court shall appoint legal counsel if the legally incapacitated individual is not already represented by legal counsel.

(12) In exercising the guardian's power to establish the legally incapacitated individual's place of residence, the guardian shall do both of the following:

(a) Select a residential setting the guardian believes the legally incapacitated individual would select if the legally incapacitated individual were able. If the guardian does not know and cannot reasonably determine what setting the legally incapacitated individual would likely select, or the guardian reasonably believes the decision the legally incapacitated individual would make would unreasonably harm or endanger the welfare or personal or financial interests of the legally incapacitated individual, the guardian shall choose a residential setting that is consistent with the legally incapacitated individual's best interest.

(b) Give priority to a residential setting in a location that will allow the legally incapacitated individual to interact with persons and participate in activities important to the legally incapacitated individual and meet the legally incapacitated individual's needs in the least restrictive manner reasonably feasible.

(13) If removal from the permanent residence necessitates the sale, transfer, or disposal of real or sentimental personal property and if meaningful communication is possible, the guardian shall consult with the legally incapacitated individual before taking any action to dispose of the property. A guardian shall make all reasonable efforts to identify and honor the legally incapacitated individual's wishes to preserve sentimental personal property in the overall context of the legally incapacitated individual's estate, including items identified in the inventory under section 5314a and annual accounts under section 5314b, and shall take reasonable steps to safeguard that personal property. The court may remove a guardian that fails to comply with this subsection.

(14) As used in this section, "permanent residence" means any of the following:

(a) The location the allegedly incapacitated individual or legally incapacitated individual uses as a permanent address, in which most of the individual's possessions are maintained.

(b) The location the allegedly incapacitated individual or legally incapacitated individual considers to be his or her home.

Sec. 5406. (1) Upon On receipt of a petition for a conservator's appointment or another protective order because of minority, the court shall set a date for hearing. If, at any time in the proceeding, the court determines that the minor's interests are or may be inadequately represented, the court may appoint an attorney to represent the minor, giving consideration to the minor's choice if 14 years of age or older. An attorney appointed by the court to represent a minor has the powers and duties of a guardian ad litem.

(2) Upon On receipt of a petition for a conservator's appointment or another protective order for a reason other than minority, the court shall set a date for initial hearing. Unless the individual to be protected has chosen legal counsel, or is mentally competent but aged or physically infirm, the court shall appoint a guardian ad litem. to represent the person in the proceeding. If the alleged disability is mental illness, mental deficiency, physical illness or disability, chronic use of drugs, or chronic intoxication, the court may direct that the individual alleged to need protection be examined by a physician or mental health professional appointed by the court, preferably a physician or mental health professional who is not connected with an institution in which the individual is a patient or is detained. The individual alleged to need protection has the right to secure an independent evaluation at his or her own expense. The court may send a visitor to interview the individual to be protected. The visitor may be a guardian ad litem or a court officer or employee.

(3) The court may utilize, as an additional visitor, the service of a public or charitable agency to evaluate the condition of the individual to be protected and make appropriate recommendations to the court.

(4) A guardian ad litem, physician, mental health professional, or visitor appointed under this section who meets with, examines, or evaluates an individual who is the subject of a petition in a protective proceeding shall do all of the following:

(a) Consider whether there is an appropriate alternative to a conservatorship.

(b) If a conservatorship is appropriate, consider the desirability of limiting the scope and duration of the conservator's authority.

(5) Subject to subsection (6), the duties of a guardian ad litem appointed under subsection (2) for an individual alleged to need protection include all of the following:

(a) Impartially gather information as provided by law.

(d) Advise the individual that the guardian ad litem does not represent the individual as an attorney and that no attorney-client relationship has been created.

(e) Identify whether the individual wishes to be present at the hearing. If the individual alleged to need protection does not wish to be present at the hearing, the guardian ad litem shall identify the reasons why the individual does not wish to be present.

(f) Identify any barrier to attending hearings at the place where court is held or otherwise fully participating in the hearing, including the need for assistive technology, transportation, or other support. If the individual alleged to need protection wishes to attend, the guardian ad litem must identify whether the individual has identified a plan for how the individual will attend.

(g) Identify whether the individual plans to retain legal counsel or wants appointed legal counsel. If the individual alleged to need protection does not plan to retain legal counsel or request appointed legal counsel, the guardian ad litem must make a recommendation as to whether legal counsel should be appointed.

(h) Identify whether a disagreement or dispute related to the petition might be resolved through court-ordered mediation.

(6) The duties of a guardian ad litem appointed for an individual alleged to need protection or a protected individual include all of the following, as applicable:

(a) Explain to the individual the nature, purpose, and legal effects of a conservator's appointment or issuance of a protective order.

(b) Explain who has filed the petition and who, if anyone, has been nominated as conservator, if applicable.

(c) Explain to the individual the hearing procedure and the individual's rights in the hearing procedure, including, but not limited to, the following:

(i) The right to contest the petition, in whole or in part.

(ii) The right to request limits on the conservator's powers.

(iv) The right to request a reasonable accommodation to allow the individual to participate as fully as possible at the hearing, including with assistive technology or other support.

(v) The right to be represented by legal counsel of the individual's choice. If the individual is unable to secure legal counsel of his or her choice, the guardian ad litem shall explain to the individual that he or she has the right to have legal counsel appointed by the court.

(vi) The right to request an independent medical evaluation.

(d) Explain to the individual that if a conservator is appointed, the conservator may have the power to take certain actions on behalf of the individual. A guardian ad litem must inform the individual that a conservator may have any of the powers described in section 5407 and, if meaningful communication is possible, discern if the individual objects to a conservator having any of those powers.

(e) Identify whether the individual objects to the particular person proposed as conservator, if any.

(f) If a conservator were to be appointed, identify a list of who the individual would want to serve, in order of preference.

(g) If a conservator were to be appointed, identify who the individual would not want to serve.

(7) A guardian ad litem appointed for an individual alleged to need protection or a protected individual shall file a written report with the court in the form required by the state court administrative office.

(8) If an individual who is subject to an initial petition under this part or petition to modify under this part contests the petition, the guardian ad litem's written report required under subsection (7) must include only the following:

(a) That the individual contests the petition.

(b) Whether the individual has retained legal counsel or wishes for legal counsel to be appointed.

(9) If an individual who is subject to an initial petition under this part or petition to modify under this part does not contest the petition, the guardian ad litem's written report required under subsection (7) must include only the following:

(a) The date and time the guardian ad litem met with the individual.

(b) The length of time the guardian ad litem met with the individual.

(d) Whether the guardian ad litem was able to meaningfully communicate with the individual and any barriers to communication.

(e) Who, if anyone, was present for the interview besides the individual.

(g) Whether the individual has identified a plan for how the individual will attend.

(i) Whether the individual has any of the following:

(i) A power of attorney with or without limitations on purpose, authority, or time period.

(ii) A patient advocate designation.

(iii) A physician orders for scope of treatment form.

(iv) A benefits payee, trustee, or other fiduciary.

(j) Whether a disagreement or dispute related to the conservatorship petition might be resolved through court-ordered mediation.

(k) Whether the appointment of a visitor with appropriate knowledge, training, and education such as a social worker, mental health professional, or medical professional could provide the court with the information on whether alternatives to conservatorship or a limited conservatorship under section 5419(1) is appropriate.

(l) If a conservator were appointed, who the individual would want to serve in order of preference.

(m) If a conservator were appointed, who the individual would not want to serve.

(n) An estimate of the amount of cash and property readily convertible into cash that is in the individual's estate.

(10) If a guardian ad litem is appointed for any purpose other than an initial petition under this part, petition to terminate under this part, or petition to modify under this part, the guardian ad litem must provide a written report to the court that includes, at a minimum, the information described in subsection (5), (6), (8), or (9), as applicable, and any other information required by law. A special limited guardian ad litem appointed under subsection (16) is not required to provide a written report unless ordered to do so by the court.

(11) The court shall not consider evidence included in a report under subsection (7) or the testimony of a guardian ad litem that is not otherwise admissible under the Michigan Rules of Evidence. If the guardian ad litem does not personally appear for examination, the report must not be admitted into evidence.

(12) A guardian ad litem shall file any report required under this section with the court and serve the report on all interested persons at least 7 days before the hearing. The court shall not order compensation of the guardian ad litem unless the guardian ad litem states in the guardian ad litem's written report that the guardian ad litem complied with this subsection.

(13) The court shall not appoint a guardian ad litem as legal counsel for the individual if the guardian ad litem's report under subsection (7) or recommendation to the court conflicts with the wishes of the individual.

(14) If an individual who is subject to a petition under this part has not already secured legal counsel, the court shall appoint legal counsel if any of the following apply:

(a) The individual who is subject to the petition requests legal counsel.

(b) The individual who is subject to the petition objects to any part of the petition for conservatorship or potential authority of a conservator.

(c) The guardian ad litem determines it is in the best interest of the individual subject to the petition to have legal counsel and, if legal counsel has not been secured, the court shall appoint legal counsel. If the individual who is subject to the petition is indigent, this state shall bear the expense of appointed legal counsel.

(15) If an individual who is subject to a petition under this part has legal counsel appointed or retained, the appointment of a guardian ad litem terminates. The report of the guardian ad litem under subsection (7) must not be admitted into evidence after the appearance or appointment of legal counsel for the individual who is subject to the petition.

(16) After appointment or retention of legal counsel for the individual who is subject to the petition under this part, the court may, for good cause shown, appoint a special limited guardian ad litem to provide information on a narrowly defined issue that will likely otherwise be inadequately addressed. A special guardian ad litem is exempt from subsections (5) to (10). The court may order that a special limited guardian ad litem provide a written report. The report under this subsection must contain the information the court considers necessary to adequately address the issue leading to the appointment of the special limited guardian ad litem. A special limited guardian ad litem shall not communicate directly with the individual who is subject to the petition and must instead communicate through legal counsel to the individual who is subject to the petition, unless legal counsel otherwise gives consent.

(17) (5) The individual to be protected is entitled to be present at the hearing in person. If the individual wishes to be present at the hearing, all practical steps must be taken to ensure the individual's presence including, if necessary, moving the site of the hearing. The individual is entitled to be represented by legal counsel, to present evidence, to cross-examine witnesses, including a court-appointed physician or other qualified person and a visitor, and to trial by jury. The issue may be determined at a closed hearing or without a jury if the individual to be protected or legal counsel for the individual so requests.

(18) (6) Any person may request for permission to participate in the proceeding, and the court may grant the request, with or without hearing, upon on determining that the best interest of the individual to be protected will be served by granting the request. The court may attach appropriate conditions to the permission.

(19) (7) After hearing, upon on finding that a basis for a conservator's appointment or another protective order is established by clear and convincing evidence, the court shall make the appointment or other appropriate protective order.

Sec. 5409. (1) The court may appoint an individual, a corporation authorized to exercise fiduciary powers, or a professional conservator described in section 5106 to serve as conservator of a protected individual's estate. The following are entitled to consideration for appointment in the following order of priority:

(a) A conservator, guardian of property, or similar fiduciary appointed or recognized by the appropriate court of another jurisdiction in which the protected individual resides.

(b) An individual or corporation A person nominated by the protected individual if he or she is 14 years of age or older and of sufficient mental capacity to make an intelligent choice, including a nomination made in a durable power of attorney.

(d) An adult child of the protected individual.

(e) A parent of the protected individual or a person nominated by the will of a deceased parent.

(f) A relative of the protected individual with whom he or she has resided for more than 6 months before the petition is filed.

(g) A person nominated by the person who is caring for or paying benefits to the protected individual.

(h) If none of the persons listed in subdivisions (a) to (g) are suitable under subsection (3) and willing to serve, any person that the court determines is suitable under subsection (3) and willing to serve.

(2) A person named in subsection (1)(a), (c), (d), (e), or (f) may designate in writing a substitute to serve instead, and that designation transfers the priority to the substitute. If persons have equal priority, the court shall select the person the court considers best qualified to serve. Acting in the protected individual's best interest, the court may pass over a person having priority and appoint a person having a lower priority or no priority.

(3) The court shall appoint a person with priority to serve as conservator of a protected individual's estate unless specific findings on the record indicate the person is not suitable as set forth in this subsection or is not willing to serve. A person is suitable to serve on a determination of specific findings by the court, including, but not limited to, all of the following factors:

(a) Preference of the individual subject to the conservatorship, including who should serve and not serve as conservator.

(b) Availability to the individual subject to the conservatorship.

(d) Criminal history that is relevant to the role of a conservator.

(e) Personal history, including, but not limited to, employment, training, skills, and stability that will facilitate fulfillment of duties.

(f) Ability to fulfill duties regardless of interpersonal disputes between interested parties or others with an interest in the welfare of the individual subject to conservatorship. Interpersonal disputes alone must not be the basis for finding a person with priority is unsuitable.

(g) Ability to meet the requirements of section 5410.

(4) In deciding between 2 persons with equal priority, the court shall weigh the factors in subsection (3) with specific findings on the record. The court may appoint not more than 2 persons to serve as coconservators. Unless the order of appointment and letters of conservatorship otherwise state, coconservators must act jointly.

Sec. 5414. (1) The court may remove a conservator for good cause, upon on notice and hearing, or accept a conservator's resignation. Upon On the conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed under this subsection succeeds to the title and powers of the predecessor.

(2) The protected individual or a person interested in the protected individual's welfare may petition for an order removing the conservator, appointing a successor conservator, modifying the terms of the conservatorship, or terminating the conservatorship. A request for this order under this subsection may be made by informal letter to the court. A person who knowingly interferes with transmission of a request described in this subsection to the court is subject to a finding of contempt of court. A petition for an order appointing a successor conservator under this subsection is subject to the priority of appointment under section 5409.

Sec. 5415. (1) A person interested in the welfare of an individual for whom a conservator is appointed may file a petition in the appointing court for an order to do any of the following:

(a) Require bond or security or additional bond or security, or reduce bond.

(b) Require an accounting for the administration of the trust.

(d) Remove the conservator and appoint a temporary or successor conservator.

(e) Grant other appropriate relief.

(2) A conservator may petition the appointing court for instructions concerning fiduciary responsibility. Upon On notice and hearing, the court may give appropriate instructions or make an appropriate order.

(3) A petition for an order appointing a successor guardian under subsection (1) is subject to the priority of appointment under section 5409.

Sec. 5416. (1) In relation to powers conferred by this part or implicit in the title acquired by virtue of the proceeding, a conservator shall act as a fiduciary and observe the standard of care applicable to a trustee.

(2) A conservator for an individual that is subject to a conservatorship for a reason other than minority has the duty to take all steps within the scope of the conservator's authority to ensure the individual attends any hearing concerning the individual's conservatorship if the individual wishes to attend the hearing in a manner as provided in section 5406.

Sec. 5417. (1) Within 56 days after appointment or within another time period specified by court rule, a conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate so far as information permits. The conservator shall file, along with the inventory, account statements that reflect the value of depository and investment accounts dated within 30 days after the inventory's date. The conservator shall provide a copy of the inventory to the protected individual if the individual can be located and is 14 years of age or older and to interested persons as specified in the Michigan court rules.

(2) The conservator must keep suitable records of the administration and exhibit those records on the request of an interested person.

(3) The conservator must identify on the inventory under subsection (1) any items of special personal or sentimental value, including, but not limited to, family heirlooms, photo albums, or collections. To the extent meaningful conversation permits, the conservator must make an inquiry with the protected individual as to what items the protected individual identifies as having special personal or sentimental value. If the conservator is unable to locate an item identified as having special personal or sentimental value at the time of filing the inventory under subsection (1), the conservator must state that on the inventory. A conservator shall make all reasonable efforts to identify and honor the protected individual's wishes to preserve items of special personal or sentimental value in the overall context of the protected individual's estate, including items identified in the inventory and annual accounts, and shall take reasonable steps to safeguard the property. The court may remove a conservator that fails to comply with this subsection.

(4) The inventory under subsection (1) must list any merchandise, funeral services, cemetery services, or prepaid contracts for which the protected individual or conservator is the contract buyer or contract beneficiary under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235. If the conservatorship estate includes assets described in this subsection, the conservator must file all of the following with the inventory under subsection (1):

(a) A copy of any prepaid contract under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(b) Proof that payments made under a prepaid contract are held in escrow or under a trust agreement in compliance with the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(d) Proof of any assignments of life policies or annuity contracts made to purchase merchandise, funeral services, or cemetery services under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235, under subsection (1) must list property with reasonable detail and the type and amount of any encumbrance.

(5) The inventory under subsection (1) must be served on all interested persons. Any interested person may file an objection to the inventory with the court and serve the objection on all other interested persons. The court shall set the matter for hearing.

Sec. 5418. (1) A conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise, upon resignation or removal, and at other times as the court directs. On The conservator shall file, along with the account under this subsection, account statements that reflect the value of depository and investment accounts dated within 30 days after the inventory's date and receipts, invoices, or other documentation for expenses in excess of $1,000.00. The account must be in the form as provided by the state court administrative office, or substantially similar. The account must detail assets including those identified in the inventory under section 5417, debts, gross income, and expenses.

(2) Within 56 days after the termination of the protected individual's minority or disability, a conservator shall account to the court or to the formerly protected individual or that individual's successors. Subject to appeal or vacation within the time permitted, an order, after notice and hearing, allowing an intermediate account of a conservator adjudicates as to liabilities concerning the matters considered in connection with the accounts, and an order, after notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected individual or the protected individual's successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical check of the estate to be made in any manner the court specifies.

(3) If the conservator has disposed of or sold any of the items, the conservator must describe on the account under subsection (1) how the conservator fulfilled the conservator's duties under section 5417(3).

(4) If the protected individual's estate includes any merchandise, funeral services, cemetery services, or prepaid contracts for which the protected individual or conservator is the contract buyer or contract beneficiary under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235, the conservator must file all of the following with the account:

(a) A copy of any prepaid contract under the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(b) Proof that payments made under a prepaid contract are held in escrow or under a trust agreement in compliance with the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.

(5) (2) The conservator shall provide a copy of an account to the protected individual if the individual can be located and is 14 years of age or older and to interested persons as specified in the Michigan court rules.

(6) If the protected individual objects to an account, the court must appoint a guardian ad litem to visit the protected individual in the same manner as specified in section 5406. The court must appoint legal counsel to represent the protected individual if any of the following are met:

(a) The protected individual requests legal counsel.

(b) The guardian ad litem believes that appointment of legal counsel is in the best interest of the protected individual.

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Bill Text: MI SB0254 | 2023-2024 | 102nd Legislature | Introduced

Michigan Senate Bill 254

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