HOUSE BILL No. 6046


     September 16, 1998, Introduced by Reps. Richner and Green and referred to the Committee on Judiciary.


        A bill to amend 1978 PA 642, entitled

   "Revised probate code,"

   by amending sections 444, 454, 455, 468, 478, 484, and 636 (MCL

   700.444, 700.454, 700.455, 700.468, 700.478, 700.484, and

   700.636), sections 444, 454, and 455 as amended by 1988 PA 398

   and section 468 as amended by 1980 PA 396.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 444.  (1) The court may appoint a guardian if  it is

 2     satisfied  THE COURT FINDS by clear and convincing evidence BOTH

 3    that the person for whom a guardian is sought is a legally inca-

 4    pacitated person  ,  and that the appointment is necessary as a

 5    means of providing continuing care and supervision of the person

 6    of the legally incapacitated person, WITH EACH FINDING SUPPORTED

 7    SEPARATELY ON THE RECORD.  THE FORM FOR RECORDING FINDINGS UNDER

 8    THIS SUBSECTION SHALL REFLECT THE REQUIREMENT FOR SEPARATE


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 1    FINDINGS ON THESE ISSUES. Alternately, the court may dismiss the

 2    proceeding  ,  or may enter  any other  ANOTHER appropriate

 3    order.

 4         (2)  A guardian shall be granted  THE COURT SHALL GRANT A

 5    GUARDIAN only those powers and only for that period of time as is

 6    necessary to provide for the demonstrated need of the legally

 7    incapacitated person.  , and the guardianship shall be designed 

 8    THE COURT SHALL DESIGN THE GUARDIANSHIP to encourage the develop-

 9    ment of maximum self-reliance and independence in the person.

10    EXCEPT AS PROVIDED IN SUBSECTION (5), A COURT SHALL NOT GRANT A

11    GUARDIAN THE SAME POWERS THAT ARE HELD BY A PATIENT ADVOCATE

12    UNDER A DESIGNATION UNDER SECTION 496. A court order establishing

13    a guardianship shall specify any limitations on the guardian's

14    powers and any time limits on the guardianship.  EXCEPT AS PRO-

15    VIDED IN SECTION 468, THE COURT SHALL NOT AUTHORIZE A GUARDIAN

16    TO, AND A GUARDIAN DOES NOT HAVE THE POWER TO, SELL A WARD'S REAL

17    PROPERTY.

18         (3) If  it is found  THE COURT FINDS by clear and convincing

19    evidence that  the  A person is legally incapacitated and lacks

20    the capacity to do some, but not all, of the tasks necessary to

21    care for himself or herself, the court may appoint a limited

22    guardian to provide guardianship services to the person, but the

23    court shall not appoint a full guardian.

24         (4) If  it is found  THE COURT FINDS by clear and convincing

25    evidence that  the  A person is legally incapacitated and is

26    totally without capacity to care for himself or herself, the





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 1    court shall specify that finding of fact in any order and may

 2    appoint a full guardian.

 3         (5) IF THE GUARDIAN'S WARD EXECUTES A PATIENT ADVOCATE DES-

 4    IGNATION IN COMPLIANCE WITH SECTION 496 AND NAMES A PERSON OTHER

 5    THAN THE GUARDIAN AS HIS OR HER PATIENT ADVOCATE, FOR THOSE TIME

 6    PERIODS WHEN THE PATIENT ADVOCATE'S AUTHORITY, RIGHTS, AND

 7    RESPONSIBILITIES ARE EFFECTIVE AS PROVIDED IN SECTION 496, THE

 8    COURT SHALL NOT GRANT AND THE GUARDIAN SHALL NOT EXERCISE A POWER

 9    THAT THE DESIGNATION GIVES TO THE PATIENT ADVOCATE REGARDING THE

10    WARD'S CARE, CUSTODY, OR MEDICAL TREATMENT.  IF, HOWEVER, A PETI-

11    TION FOR GUARDIANSHIP OR FOR MODIFICATION UNDER SECTION 447

12    ALLEGES AND THE COURT FINDS THAT THE PATIENT ADVOCATE DESIGNATION

13    WAS NOT EXECUTED IN COMPLIANCE WITH SECTION 496, THAT THE PATIENT

14    ADVOCATE IS NOT COMPLYING WITH THE TERMS OF THE DESIGNATION OR OF

15    SECTION 496, OR THAT THE PATIENT ADVOCATE IS NOT ACTING CONSIS-

16    TENT WITH THE WARD'S BEST INTERESTS, THE COURT MAY MODIFY THE

17    GUARDIANSHIP'S TERMS TO GRANT THOSE POWERS TO THE GUARDIAN.

18         Sec. 454.  (1)  Any  THE COURT MAY APPOINT A competent

19    person  may be appointed  AS guardian of a legally incapacitated

20    person.  The court shall not appoint as guardian  any  AN agency,

21    public or private,  which  THAT financially benefits from

22    directly providing housing, medical, or social services to the

23    legally incapacitated person.  IF THE COURT DETERMINES THAT THE

24    WARD'S PROPERTY NEEDS PROTECTION, THE COURT SHALL ORDER THE

25    GUARDIAN TO FURNISH A BOND OR SHALL INCLUDE RESTRICTIONS IN THE

26    LETTERS OF GUARDIANSHIP AS NECESSARY TO PROTECT THE PROPERTY.





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 1         (2) In appointing a guardian under this section, the court

 2    shall appoint a person, if suitable and willing to serve,

 3    designated by the person who is the subject of the petition.  If

 4    a specific designation is not made or a person designated is not

 5    suitable or willing to serve, the court may appoint as guardian a

 6    person named as attorney in fact through a durable power of

 7    attorney.

 8         (3) If a person is not designated under subsection (2) or a

 9    person designated under subsection (2) is not suitable or willing

10    to serve, the court may appoint as a guardian a person who is

11    related to the subject of the petition, in the following order of

12    preference:

13         (a) The spouse of the legally incapacitated person, includ-

14    ing a person nominated by will or other writing signed by a

15    deceased spouse.

16         (b) An adult child of the legally incapacitated person.

17         (c) A parent of the legally incapacitated person, including

18    a person nominated by will or other writing signed by a deceased

19    parent.

20         (d) A relative of the legally incapacitated person with whom

21    the person has resided for more than 6 months before the filing

22    of the petition.

23         (e) A person nominated by the person who is caring for the

24    person or paying benefits to the person.

25         (4) If none of the persons listed in subsection (3) is suit-

26    able or willing to serve, the court may appoint any competent

27    person who is suitable and willing to serve.



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 1         Sec. 455.  (1) Except as limited under section  444(3), a

 2     guardian of  444, a legally incapacitated  person  PERSON'S

 3    GUARDIAN is responsible for the WARD'S care, custody, and

 4    control,  of the ward,  but is not liable to third persons by

 5    reason of that responsibility for THE WARD'S acts.  of the ward. 

 6    In particular, and without qualifying the  foregoing  PROVISIONS

 7    OF THE PREVIOUS SENTENCE, a guardian has the following powers and

 8    duties, except as modified by COURT order:  of the court: 

 9         (a) To the extent that it is consistent with the terms of an

10    order by a court of competent jurisdiction relating to THE WARD'S

11    detention or commitment,  of the ward,  the guardian is entitled

12    to custody of the WARD'S person  of his or her ward  and may

13    establish the ward's place of residence within or without this

14    state.  The guardian shall notify the court within 14 days of

15     any  A change in the ward's place of residence.

16         (b) If entitled to custody of the ward, the guardian shall

17    make provision for the WARD'S care, comfort, and maintenance  of

18     the ward  and, when appropriate, arrange for the ward's training

19    and education.  The guardian  shall have  HAS the responsibility

20    of securing services to restore the ward to the best possible

21    state of mental and physical well-being so that the ward can

22    return to self-management at the earliest possible time.  Without

23    regard to custodial rights of the ward's person, the guardian

24    shall take reasonable care of the ward's clothing, furniture,

25    vehicles, and other personal effects and commence protective pro-

26    ceedings if other property of the ward  is in need of  NEEDS

27    protection.



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 1         (c) A guardian may give  any  consent or approval that may

 2    be necessary to enable the ward to receive medical or other pro-

 3    fessional care, counsel, treatment, or service.

 4         (d) If a conservator for the WARD'S estate  of the ward  is

 5    not appointed, a guardian may DO ALL OF THE FOLLOWING:

 6         (i) Institute proceedings to compel a person under a duty to

 7    support the ward or to pay sums for the WARD'S welfare  of the

 8     ward  to perform that duty.

 9         (ii) Receive money and tangible property deliverable to the

10    ward and apply the money and property for THE WARD'S support,

11    care, and education.  of the ward.  The guardian may not use

12     funds  MONEY from the ward's estate for room and board  which 

13    THAT the guardian or the guardian's spouse, parent, or child have

14    furnished the ward unless a charge for the service is approved by

15    COURT order  of the court  made upon notice to at least 1 of the

16    WARD'S next of kin,  of the incompetent ward,  if notice is

17    possible.  The guardian shall exercise care to conserve any

18    excess for the ward's needs.

19         (e)  To  THE GUARDIAN SHALL report the WARD'S condition  of

20     the ward and of the estate which is subject to the guardian's

21     possession or control,  as required by the court, but not less

22    often than annually.  A  THE report shall contain all of the

23    following:

24         (i) The ward's current mental, physical, and social

25    condition.







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 1         (ii) Any improvement or deterioration in the ward's mental,

 2    physical, and social condition that has occurred during the past

 3    year.

 4         (iii) The ward's present living arrangement and  any 

 5    changes in his or her living arrangement that have occurred

 6    during the past year.

 7         (iv) Whether the guardian recommends a more suitable living

 8    arrangement for the ward.

 9         (v) Any medical treatment received by the ward.

10         (vi) Services received by the ward.

11         (vii) A list of the guardian's visits with, and activities

12    on behalf of, the ward.

13         (viii) A recommendation as to the need for continued

14    guardianship.

15         (f) If a conservator is appointed, THE GUARDIAN SHALL PAY TO

16    THE CONSERVATOR, FOR MANAGEMENT AS PROVIDED IN THIS ACT, the

17    ward's estate received by the guardian in excess of  those funds 

18    THE MONEY  expended to meet current expenses for THE WARD'S sup-

19    port, care, and education.  of the ward shall be paid to the con-

20     servator for management as provided in this act, and the  THE

21    guardian shall account to the conservator for  funds  MONEY

22    expended.

23         (G) IF A CONSERVATOR IS NOT APPOINTED FOR THE WARD AND THE

24    GUARDIAN HAS CONTROL OF ANY OF THE WARD'S ESTATE, WITHIN 63 DAYS

25    AFTER APPOINTMENT, THE GUARDIAN SHALL PREPARE AND FILE WITH THE

26    APPOINTING COURT A COMPLETE INVENTORY OF THE ESTATE THAT IS

27    SUBJECT TO THE GUARDIANSHIP.



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 1         (H) IF A CONSERVATOR IS NOT APPOINTED FOR THE WARD, THE

 2    GUARDIAN SHALL FILE AN ACCOUNT WITH THE COURT OF ALL INCOME AND

 3    ASSETS IN THE GUARDIAN'S CONTROL.  THE GUARDIAN SHALL FILE THE

 4    ACCOUNT AS REQUIRED BY THE COURT, BUT NOT LESS THAN ANNUALLY.

 5    THE COURT, OR STAFF ASSIGNED BY THE COURT, SHALL REVIEW THE

 6    ACCOUNTING.

 7         (2) A guardian of a person for whom a conservator also is

 8    appointed shall control the custody and care of the ward and is

 9    entitled to receive reasonable sums for his or her services and

10    for room and board furnished to the ward as agreed upon between

11    the guardian and the conservator if the amounts agreed upon are

12    reasonable under the circumstances.  The guardian may request the

13    conservator to expend the ward's estate by payment to third per-

14    sons or institutions for the ward's care and maintenance.

15         (3) If a ward dies while under guardianship  ,  and a con-

16    servator has not been appointed for the WARD'S estate,  of the

17     ward,  and if the guardian has possession of any  money  of the

18    deceased  ward  WARD'S MONEY, the court may, upon THE GUARDIAN'S

19    petition  of the guardian  and with or without notice, hear a

20    claim for burial expense or any other claim as the court consid-

21    ers advisable.  Upon hearing the claim, the court may enter an

22    order allowing or disallowing the claim or any part of it and

23    provide in the order of allowance that the claim or any part of

24    it be paid immediately if the payment can be made without injury

25    or serious inconvenience to the ward's estate.







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 1         Sec. 468.  (1) The court has the following powers, which may

 2    be exercised directly or through a conservator, with respect to

 3    the estate and affairs of protected persons:

 4         (a) While a petition for appointment of a conservator or

 5    other protective order is pending and after preliminary hearing

 6    and without notice to others, the court may preserve and apply

 7    the property of the person to be protected as may be required for

 8    the person's benefit or the benefit of the person's dependents.

 9         (b) After a hearing, and upon determining that a basis for

10    an appointment or other protective order exists with respect to a

11    minor without other disability, the court has all those powers

12    over the MINOR'S estate and affairs  of the minor which  THAT are

13    or may be necessary for the best interests of the minor, the

14    minor's family, and members of the minor's household.

15         (c) After a hearing, and upon determining that a basis for

16    an appointment or other protective order exists with respect to a

17    person for reasons other than minority, the court, for the bene-

18    fit of the person and members of the person's household, has all

19    the powers over the person's estate and affairs  which  THAT the

20    person could exercise if present and not under disability, except

21    the power to make a will.  These powers include  the power to 

22    ALL OF THE FOLLOWING:

23         (i) TO make gifts.  , to 

24         (ii) TO convey or release contingent and expectant interests

25    in property including marital property rights and  any  A

26    SURVIVORSHIP right  of survivorship  incident to joint tenancy or

27    tenancy by the entirety.  , to 



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 1         (iii) TO exercise or release powers as trustee, personal

 2    representative, custodian for minors, conservator, or donee of a

 3    power of appointment.  , to 

 4         (iv) TO enter into contracts.  , to 

 5         (v) TO create revocable or irrevocable trusts of ESTATE

 6    property  of the estate which  THAT may extend beyond disability

 7    or life.  , to 

 8         (vi) TO exercise  options of  the disabled  person  PERSON'S

 9    OPTIONS to purchase securities or other property.  , to 

10         (vii) TO exercise rights to elect options and change benefi-

11    ciaries under insurance and annuity policies and to surrender the

12    policies for their cash value.  , to 

13         (viii) TO exercise the right to an elective share in  the  A

14    DECEASED SPOUSE'S estate.  of a deceased spouse, and to 

15         (ix) TO renounce  any  AN interest by testate or intestate

16    succession or by inter vivos transfer.

17         (d)  The  ONLY IF SATISFIED AFTER NOTICE AND A HEARING THAT

18    IT IS IN THE PROTECTED PERSON'S BEST INTERESTS AND THAT THE PRO-

19    TECTED PERSON IS INCAPABLE OF CONSENTING OR HAS CONSENTED TO THE

20    PROPOSED EXERCISE OF THE POWER, THE court may exercise, or direct

21    the exercise of, its authority to  exercise  DO 1 OR MORE OF THE

22    FOLLOWING:

23         (i) EXERCISE or release powers of appointment of which the

24    protected person is donee.  , to renounce 

25         (ii) RENOUNCE interests.  , to make 

26         (iii) MAKE gifts in trust or otherwise exceeding 20% of any

27    year's ESTATE income.  of the estate, or to change 



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 1         (iv) CHANGE beneficiaries under insurance and annuity

 2    policies.  , only if satisfied, after notice and hearing, that it

 3     is in the best interests of the protected person, and that the

 4     person is incapable of consenting or has consented to the pro-

 5     posed exercise of power. 

 6         (v) SELL THE PROTECTED PERSON'S REAL PROPERTY.  IF THE COURT

 7    DIRECTS OR AUTHORIZES A FIDUCIARY TO SELL A WARD'S REAL PROPERTY,

 8    THE SALE MUST COMPLY WITH SECTIONS 634 AND 636.

 9         (2) An order made  pursuant to  UNDER this section determin-

10    ing that a basis for appointment of a conservator or other pro-

11    tective order exists  ,  does not affect the capacity of the pro-

12    tected person.

13         (3) To encourage the self-reliance and independence of a

14    protected person, the court may authorize the individual to func-

15    tion without the consent or supervision of the person's conserva-

16    tor in the handling of part of his or her money or property,

17    including the maintenance of a savings or checking account in a

18    bank or other institution.  , and, to  TO the extent authorized

19     , any  UNDER THIS SUBSECTION, A person may deal with that indi-

20    vidual as though the individual were mentally competent.

21         Sec. 478.  (1) Within  60  63 days after  his or her 

22    appointment, a conservator shall prepare and file with the

23    appointing court a complete inventory AND ACCOUNTING of the

24    PROTECTED PERSON'S estate  of the protected person  together with

25    an oath or affirmation that it is complete and accurate so far as

26    the conservator is informed.  THE COURT, OR STAFF ASSIGNED BY THE

27    COURT, SHALL REVIEW THE ACCOUNTING.



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 1         (2) The conservator shall provide a copy of the inventory

 2    AND ACCOUNTING to the protected person if the person can be

 3    located,  has attained the age of  IS 14 years OF AGE OR OLDER,

 4    and has sufficient mental capacity to understand these matters

 5    and to  any  A parent or guardian with whom the protected person

 6    resides.  The conservator shall keep suitable records of the

 7    administration and exhibit the records on request of an inter-

 8    ested person.

 9         Sec. 484.  (1) A conservator has all of the powers conferred

10    in this section.  In addition, a conservator of the estate of an

11    unmarried minor as to whom no person has parental rights  ,  has

12    the duties and powers of a MINOR'S guardian  of a minor 

13    described in section 431 until the minor marries.  but  HOWEVER,

14    the parental rights  so  conferred BY THIS SUBSECTION on a con-

15    servator do not preclude appointment of a guardian as provided

16     by sections 421 to 437  IN THIS ARTICLE.

17         (2) A conservator, without court authorization or confirma-

18    tion, may invest  and  OR reinvest  funds of the  estate MONEY as

19    would a trustee.

20         (3) A conservator, acting reasonably in efforts to accom-

21    plish the purpose for which he or she was appointed, may act

22    without court authorization or confirmation to DO ALL OF THE

23    FOLLOWING:

24         (a) Collect, hold,  and  OR retain ESTATE assets  of the

25     estate  including land in another state, until in the

26    conservator's judgment, disposition of the assets should be made,





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 1    which assets may be retained even though they include an asset in

 2    which the conservator is personally interested.

 3         (b) Receive additions to the estate.

 4         (c) Continue or participate in the operation of a business

 5    or other enterprise.

 6         (d) Acquire an undivided interest in an estate asset in

 7    which the conservator, in any fiduciary capacity, holds an undi-

 8    vided interest.

 9         (e) Invest  and  OR reinvest estate assets pursuant to sub-

10    section (2).

11         (f) Deposit estate funds in a bank including a bank operated

12    by the conservator.

13         (g) Acquire or, SUBJECT TO SUBSECTION (4), dispose of an

14    estate asset including land in another state for cash or on

15    credit, at public or private sale;  and to  OR manage, develop,

16    improve, exchange, partition, change the character of, or abandon

17    an estate asset.

18         (h) Make ordinary or extraordinary repairs or alterations in

19    buildings or other structures,  to  demolish  any  improvements,

20     and to  OR raze existing or erect new party walls or buildings.

21         (i) Subdivide, develop, or dedicate land to public use;  to 

22    make or obtain the vacation of plats  and  OR adjust boundaries;

23     to  adjust differences in valuation on exchange, or  to  parti-

24    tion by giving or receiving consideration;  and to  OR dedicate

25    easements to public use without consideration.

26         (j) Enter for any purpose into a lease as lessor or lessee

27    with or without option to purchase or renew for a term within or



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 1    extending beyond the CONSERVATORSHIP'S term.  of the

 2     conservatorship. 

 3         (k) Enter into a lease or arrangement for exploration  and 

 4    OR removal of minerals or other natural resources, or enter into

 5    a pooling or unitization agreement.

 6         (l) Grant an option involving disposition of an estate asset

 7    or  to  take an option for the acquisition of  any  AN asset.

 8         (m) Vote a security, in person or by general or limited

 9    proxy.

10         (n) Pay calls, assessments,  and any  OR other sums charge-

11    able or accruing against or on account of securities.

12         (o) Sell or exercise stock subscription or conversion

13    rights;  to  OR consent, directly or through a committee or other

14    agent, to the reorganization, consolidation, merger, dissolution,

15    or liquidation of a corporation or other business enterprise.

16         (p) Hold a security in the name of a nominee or in other

17    form without disclosure of the conservatorship so that title to

18    the security may pass by delivery.  The conservator is liable for

19     any  AN act of the nominee in connection with the stock so

20    held.

21         (q) Insure the ESTATE assets  of the estate  against damage

22    or loss,  and  OR the conservator against liability with respect

23    to third persons.

24         (r) Borrow money to be repaid from estate assets or other-

25    wise;  to  advance money for the protection of the estate or the

26    protected person  and for all  OR FOR expenses, losses,  and  OR

27    liability sustained in the administration of the estate or



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 1    because of the holding or ownership of any estate assets.  The

 2    conservator has a lien on the estate as against the protected

 3    person for advances made under this subdivision.

 4         (s) Pay or contest a claim;  to  settle a claim by or

 5    against the estate or the protected person by compromise, arbi-

 6    tration, or otherwise;  and to  OR release, in whole or in part,

 7    a claim belonging to the estate to the extent that the claim is

 8    uncollectible.

 9         (t) Pay taxes, assessments, reasonable compensation of the

10    conservator,  and  OR other expenses incurred in the collection,

11    care, administration,  and  OR protection of the estate.

12         (u) Allocate items of income or expense to estate income or

13    principal, as provided by law, including creation of reserves out

14    of income for depreciation, obsolescence, or amortization, or for

15    depletion in mineral or timber properties.

16         (v) Pay  any  A sum distributable to a protected person or

17    that person's dependent without liability to the conservator, by

18    paying the sum to the distributee or by paying the sum for the

19    use of the distributee to his or her guardian or if none, to a

20    relative or other person with custody of his or her person.

21         (w) Employ persons, including attorneys, auditors, invest-

22    ment advisors, or agents, even though they are associated with

23    the conservator, to advise or assist the conservator in the per-

24    formance of his or her administrative duties; to act upon their

25    recommendation without independent investigation; and instead of

26    acting personally, to employ 1 or more agents to perform  any  AN

27    act of administration, whether or not discretionary.



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 1         (x) Prosecute or defend actions, claims, or proceedings in

 2    any jurisdiction for the protection of estate assets  and  OR of

 3    the conservator in the performance of his or her duties.

 4         (y) Execute and deliver  any  AN instrument  which  THAT

 5    will accomplish or facilitate the exercise of the powers vested

 6    in the conservator.

 7         (4) A CONSERVATOR SHALL NOT SELL A PROTECTED PERSON'S REAL

 8    PROPERTY EXCEPT AS PROVIDED IN SECTION 468.

 9         Sec.  636.  (1) Subject to confirmation by the court,  the 

10    A FIDUCIARY MAY SELL A WARD'S real estate,  an  interest

11     therein  IN REAL ESTATE, or easement  of a ward may be sold by

12     the fiduciary in any  IN 1 OR MORE of the following instances:

13         (a)  When the  IF THE WARD'S personal property  of the

14     person  is insufficient to pay  his just  THE WARD'S debts,

15    together with the charges of managing  his  THE estate or  when 

16    IF it appears that it is for the WARD'S best interest  of the

17     ward  that  his  THE real estate or some part  thereof  OF IT be

18    sold for that purpose  in lieu  INSTEAD of disposing of the per-

19    sonal estate.

20         (b)  When the  IF THE WARD'S personal property  of the

21     person  is insufficient to pay the expenses incurred by  any  A

22    county or by the state  in the  FOR THE WARD'S care, support, or

23    maintenance,  of the ward,  together with the charges of managing

24     his  THE WARD'S estate.

25         (c)  When  IF the income of the WARD'S estate  of a ward  is

26    insufficient to maintain the ward and  his  THE WARD'S family or





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 1    is insufficient to educate a minor ward or the WARD'S children.

 2     of a ward. 

 3         (d)  When  IF it appears that it would be for the WARD'S

 4    benefit  of the ward  that  his  THE real estate or  any  A part

 5     thereof  OF IT be sold and the proceeds  thereof  reinvested.

 6         (e)  When the  IF THE WARD'S interest  of the ward  is that

 7    of tenant by the entirety or is that of a joint tenant.

 8         (2) For the purposes of the sale and the distribution of the

 9    SALE proceeds  of the sale  under  subdivision (e)  SUBSECTION

10    (1)(E), the interest of the WARD'S estate  of the ward  and the

11    other tenant shall be  deemed to be  CONSIDERED equal.  If the

12    sale is made of the entirety or joint interest with right of sur-

13    vivorship of the ward, upon the WARD'S death,  of the ward any  A

14    surplus of the SALE proceeds  of the sale  coming to the ward's

15    estate  shall remain  REMAINS a part of the ward's estate and

16     shall  DOES not belong or  be  IS NOT subject to  any  A claim

17    of the other tenant by the entirety or other joint tenant or

18    joint tenants.

19         (3) THE COURT SHALL NOT CONFIRM A SALE UNDER THIS SECTION

20    UNLESS THE COURT FINDS THAT THE SALE AND THE SALE PRICE ARE IN

21    THE WARD'S BEST INTEREST.















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