Bill Text: MI SB0506 | 2021-2022 | 101st Legislature | Introduced

Michigan Senate Bill 506 (Prior Session Legislation)

Introduced

Bill Title: Probate: guardians and conservators; appointment of a temporary guardian; modify procedure, and modify procedure for removing a conservator. Amends secs. 5414 & 5415 of 1998 PA 386 (MCL 700.5414 & 700.5415) & adds sec. 5312a. TIE BAR WITH: SB 0505'21, SB 0504'21, SB 0503'21

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-06-03 - Referred To Committee On Judiciary And Public Safety [SB0506 Detail]

Download: Michigan-2021-SB0506-Introduced.html

SENATE BILL NO. 506

June 03, 2021, Introduced by Senators WOJNO, JOHNSON, CHANG, RUNESTAD and IRWIN and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending sections 5414 and 5415 (MCL 700.5414 and 700.5415), and by adding section 5312a.

the people of the state of michigan enact:

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. 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.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:

(a) Senate Bill No. 504.

(b) Senate Bill No. 503.