Bill Text: MI SB1102 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Probate; guardians and conservators; appointment of guardian serving in another state who has abused, exploited, or neglected a legally incapacitated individual; prohibit. Amends sec. 5313 of 1998 PA 386 (MCL 700.5313).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-10-02 - Referred To Committee On Families, Seniors And Human Services [SB1102 Detail]
Download: Michigan-2013-SB1102-Introduced.html
SENATE BILL No. 1102
October 2, 2014, Introduced by Senator JONES and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 5313 (MCL 700.5313), as amended by 2012 PA 545.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5313. (1) 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, 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 and willing to serve, in the
following order of priority:
(a)
A Subject to this
subdivision, a person previously
appointed, qualified, and serving in good standing as guardian for
the legally incapacitated individual in another state. The person
is not suitable to serve as guardian if any of the following apply:
(i) The court finds by a preponderance of evidence that the
person committed abuse, neglect, or exploitation with respect to
the legally incapacitated individual. As used in this subparagraph,
"abuse", "exploitation", and "neglect" mean those terms as defined
in section 11 of the social welfare act, 1939 PA 280, MCL 400.11.
(ii) The department of human services determines that the
person abused, neglected, or exploited the legally incapacitated
individual under section 11b of the social welfare act, 1939 PA
280, MCL 400.11b.
(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 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 be considered to include or
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 be considered to include or
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 or willing to serve, the court
may appoint any competent person who is suitable and willing to
serve, including a professional guardian as provided in section
5106.
