700.5301 Appointment of guardian for incapacitated person by will or other writing. Sec. 5301. (1) If serving as guardian, the parent of an unmarried legally incapacitated individual may appoint by will, or other writing signed by the parent and attested by at least 2 witnesses, a guardian for the legally incapacitated individual. If both parents […]
700.5301a Appointment of guardian in another state as temporary guardian. Sec. 5301a. (1) If a guardian has not been appointed in this state and a petition for the appointment of a guardian is not pending in this state, a guardian appointed, qualified, and serving in good standing in another state may be appointed immediately as […]
700.5301b Appointment of guardian; jurisdiction of court; conditions; connection to state; factors. 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 […]
700.5302 Guardianship proceedings; venue. Sec. 5302. The venue for a guardianship proceeding for an incapacitated individual is in the place where the incapacitated individual resides or is present. If the incapacitated individual is admitted to an institution by order of a court of competent jurisdiction, venue is also in the county in which that court […]
700.5303 Court appointment of guardian of incapacitated person; petition; alternatives to appointment of full guardian; hearing. 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 […]
700.5304 Evaluation and report; hearing. 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. […]
700.5305 Guardian ad litem; duties; compensation; legal counsel. Sec. 5305. (1) 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 […]
700.5306 Court appointment of guardian of incapacitated person; findings; appointment of limited guardian; effect of patient advocate designation; supervised access. 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 […]
700.5306a Rights of individual for whom guardian is sought or appointed; form. 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 […]
700.5307 Jurisdiction over guardian. Sec. 5307. 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 […]
700.5308 Termination of guardian’s authority and responsibility. Sec. 5308. The guardian’s authority and responsibility for a legally incapacitated individual terminates upon the death of the guardian or ward, upon the determination of incapacity of the guardian, or upon removal or resignation as provided in section 5310. Testamentary appointment of a guardian under an unprobated will […]
700.5309 Review of guardianship. Sec. 5309. The court shall review a guardianship not later than 1 year after the guardian’s appointment and not later than every 3 years after each review. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.5310 Resignation or removal of guardian. 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 […]
700.5311 Appointment or removal of guardian; notice of hearing. Sec. 5311. (1) In a proceeding for the appointment or removal of an incapacitated individual’s guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following: (a) The ward or the […]
700.5312 Court exercise of power of guardian; temporary guardian. 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 […]
700.5313 Guardian; qualifications. 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 […]
700.5314 Powers and duties of guardian. 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 […]
700.5315 Payments for care of ward; claims at death. Sec. 5315. (1) To the extent granted by the court under section 5306, the guardian of an individual for whom a conservator also is appointed controls the ward’s custody and care and is entitled to receive reasonable amounts for those services and for room and board […]
700.5316 Partial management of property by ward. Sec. 5316. To encourage self-reliance and independence in a legally incapacitated individual, the court may authorize the individual to function without the consent or supervision of the individual’s guardian or conservator in handling part of his or her money or property, including authorizing the individual to maintain an […]
700.5317 Guardianship proceedings; concurrent jurisdiction. Sec. 5317. (1) The court in the county where the ward resides has concurrent jurisdiction over resignation, removal, accounting, and other proceedings relating to the guardianship with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed. (2) If the court in […]
