Bill Text: MI SB0465 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Probate; guardians and conservators; jurisdictional provisions in the estates and protected individuals code; revise to reflect adoption of the uniform adult guardianship and protective proceedings jurisdiction act. Amends secs. 1301, 5307 & 5402 of 1998 PA 386 (MCL 700.1301 et seq.). TIE BAR WITH: SB 0466'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-09-10 - Referred To Committee On Judiciary [SB0465 Detail]
Download: Michigan-2013-SB0465-Introduced.html
SENATE BILL No. 465
September 10, 2013, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending sections 1301, 5307, and 5402 (MCL 700.1301, 700.5307,
and 700.5402).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1301. Except as otherwise provided in this act, this act
applies to all of the following:
(a)
The affairs and estate of a decedent
, or missing
individual ,
or protected individual who is
domiciled in this
state.
(b) A nonresident's property that is located in this state or
property coming into the control of a fiduciary that is subject to
the laws of this state.
(c)
An incapacitated individual or A
minor in this state.
(d) Survivorship and related accounts in this state.
(e) A trust subject to administration in this state.
(f) An incapacitated individual or the affairs and estate of a
protected individual if a court of this state has jurisdiction
under the uniform adult guardianship and protective proceedings
jurisdiction act.
Sec.
5307. By Except as
otherwise provided in the uniform
adult guardianship and protective proceedings jurisdiction act, by
accepting appointment, a guardian personally submits to the court's
jurisdiction in a proceeding relating to the guardianship that may
be instituted by an interested person. Notice of a proceeding shall
be delivered to the guardian or mailed to the guardian by first-
class mail at the guardian's address as listed in the court records
and to his or her address as then known to the petitioner.
Sec.
5402. After Except as
otherwise provided in the uniform
adult guardianship and protective proceedings jurisdiction act,
after the service of notice in a proceeding seeking a conservator's
appointment or other protective order and until the proceeding's
termination, the court in which the petition is filed has the
following jurisdiction:
(a) Exclusive jurisdiction to determine the need for a
conservator or other protective order until the proceeding is
terminated.
(b) Exclusive jurisdiction to determine how the protected
individual's estate that is subject to the laws of this state is
managed, expended, or distributed to or for the use of the
protected individual or any of the protected individual's
dependents or other claimants.
(c) Concurrent jurisdiction to determine the validity of a
claim against the protected individual or the protected
individual's estate, and questions of title concerning estate
property.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.466
of the 97th Legislature is enacted into law.