Bill Text: MI SB0270 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Probate; guardians and conservators; probate court jurisdiction over guardianship and conservatorship proceedings; clarify. Amends 1998 PA 386 (MCL 700.1101 - 700.8206) by adding secs. 5301b & 5402a.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2016-12-30 - Assigned Pa 0498'16 12/30/16 Addenda [SB0270 Detail]
Download: Michigan-2015-SB0270-Introduced.html
SENATE BILL No. 270
April 15, 2015, Introduced by Senators JONES, SCHUITMAKER, HORN and HOPGOOD and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
(MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5301b. (1) The court has jurisdiction over the
appointment of a guardian under this part if any of the following
apply:
(a) The individual for whom a guardian is sought resides in
this state.
(b) The individual for whom a guardian is sought is present in
this state and has a significant connection to this state.
(2) In determining if the individual for whom a guardian is
sought has a significant connection to this state under subsection
(1)(b), the court shall consider all of the following factors:
(a) The wishes of the individual.
(b) The location of the individual's family and other
interested persons.
(c) The length and time the individual was present in this
state and the duration of any absence.
(d) The location of the individual's property.
(e) The extent to which the individual has ties to this state,
such as voting registration, state tax return filing, vehicle
registration, driver license, social relationship, and receipt of
services.
(f) Any other factor the court considers relevant.
Sec. 5402a. (1) The court has jurisdiction over the
appointment of a conservator or the issuance of a protective order
in relation to an individual's estate and affairs under this part
if any of the following apply:
(a) The individual for whom a conservator or protective order
is sought resides in this state.
(b) The individual for whom a conservator or protective order
is sought is present in this state and has a significant connection
to this state.
(2) In determining if the individual for whom a conservator or
protective order is sought has a significant connection to this
state under subsection (1)(b), the court shall consider all of the
following factors:
(a) The wishes of the individual.
(b) The location of the individual's family and other
interested persons.
(c) The length and time the individual was present in this
state and the duration of any absence.
(d) The location of the individual's property.
(e) The extent to which the individual has ties to this state,
such as voting registration, state tax return filing, vehicle
registration, driver license, social relationship, and receipt of
services.
(f) Any other factor the court considers relevant.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
