May 31, 2017, Introduced by Rep. Lucido and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 5306 (MCL 700.5306), as amended by 2004 PA 532.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 appointment is necessary as a means of providing continuing
care and supervision of the incapacitated individual, with each
finding supported separately on the record. Alternately, the court
may dismiss the proceeding or enter another appropriate order.
(2) The court shall grant a guardian only those powers and
only for that period of time as is necessary to provide for the
demonstrated need of the incapacitated individual. The court shall
design the guardianship to encourage the development of maximum
self-reliance and independence in the individual. If the court is
aware that an individual has executed a patient advocate
designation under section 5506, the court shall not grant a
guardian any of the same powers that are held by the patient
advocate. A court order establishing a guardianship shall specify
any limitations on the guardian's powers and any time limits on the
guardianship.
(3) If the court finds by clear and convincing evidence that
an individual is incapacitated and lacks the capacity to do some,
but not all, of the tasks necessary to care for himself or herself,
the court may appoint a limited guardian to provide guardianship
services to the individual, but the court shall not appoint a full
guardian.
(4) If the court finds by clear and convincing evidence that
the individual is incapacitated and is totally without capacity to
care for himself or herself, the court shall specify that finding
of fact in an order and may appoint a full guardian.
(5) If an individual executed a patient advocate designation
under section 5506 before the time the court determines that he or
she became a legally incapacitated individual, a guardian does not
have and shall not exercise the power or duty of making medical or
mental health treatment decisions that the patient advocate is
designated to make. If, however, a petition for guardianship or for
modification under section 5310 alleges and the court finds that
the patient advocate designation was not executed in compliance
with section 5506, that the patient advocate is not complying with
the terms of the designation or with the applicable provisions of
sections 5506 to 5515, or that the patient advocate is not acting
consistent with the ward's best interests, the court may modify the
guardianship's terms to grant those powers to the guardian.
(6) If the court finds by clear and convincing evidence that
the individual is incapacitated, that the person that has the care
and custody of the incapacitated individual denied a relative of
the incapacitated individual access to the incapacitated
individual, and that the incapacitated individual desires contact
with the relative or that contact with the relative is in the
incapacitated individual's best interest, the court may appoint a
limited guardian to supervise access with the relative.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.