Section 700.5504 – Power of Attorney Not Revoked Until Notice.
700.5504 Power of attorney not revoked until notice. Sec. 5504. (1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal’s death, acts in good faith […]
Section 700.5505 – Proof of Continuance of Durable and Other Powers of Attorney by Affidavit.
700.5505 Proof of continuance of durable and other powers of attorney by affidavit. Sec. 5505. (1) If an attorney in fact acts in good-faith reliance on a power of attorney, durable or otherwise, and executes a sworn statement stating that, at the time of the action, the attorney in fact did not have actual knowledge […]
Section 700.5427 – Expansion or Limitation of Powers of Conservator.
700.5427 Expansion or limitation of powers of conservator. Sec. 5427. Subject to the restrictions in section 5407(3), at the time of appointment or later, the court may confer on a conservator, in addition to the powers conferred by sections 5423 to 5426, any power that the court itself could exercise under section 5407(2)(b) and (c). […]
Section 700.5428 – Preservation of Estate Plan; Right to Examine.
700.5428 Preservation of estate plan; right to examine. Sec. 5428. (1) When doing any of the following, the conservator and the court shall take into account the protected individual’s estate plan as known to them, including a will, a revocable trust of which the individual is settlor, and a contract, transfer, or joint ownership arrangement […]
Section 700.5429 – Claims Against Protected Individual; Enforcement.
700.5429 Claims against protected individual; enforcement. Sec. 5429. (1) A conservator may pay or secure from the estate a claim against the estate or against the protected individual arising before or during the conservatorship upon the presentation of the claim and allowance in accordance with the priorities in subsection (4). A claim may be presented […]
Section 700.5430 – Personal Liability of Conservator.
700.5430 Personal liability of conservator. Sec. 5430. (1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in a fiduciary capacity in the course of estate administration unless the conservator fails to reveal the representative capacity and identify the estate in the contract. (2) A conservator […]
Section 700.5431 – Termination of Proceeding.
700.5431 Termination of proceeding. Sec. 5431. The protected individual, conservator, or another interested person may petition the court to terminate the conservatorship. A protected individual seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. Upon determining, after notice and hearing, that the minority or disability […]
Section 700.5432 – Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings.
700.5432 Payment of debt and delivery of property to foreign conservator without local proceedings. Sec. 5432. (1) A person indebted to a protected individual or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected individual may pay or deliver the money, property, or instrument […]
Section 700.5433 – Appointment of Conservator in Another State as Temporary Conservator.
700.5433 Appointment of conservator in another state as temporary conservator. Sec. 5433. (1) If a conservator has not been appointed in this state and a petition in a protective proceeding is not pending in this state, a conservator appointed, qualified, and serving in good standing in another state may be appointed immediately as temporary conservator […]
Section 700.5501 – Durable Power of Attorney; Definition; Attorney-in-Fact.
700.5501 Durable power of attorney; definition; attorney-in-fact. Sec. 5501. (1) A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney-in-fact in a writing that contains the words “This power of attorney is not affected by the principal’s subsequent disability or incapacity, or by the lapse […]