HOUSE BILL No. 6073

 

May 7, 2008, Introduced by Reps. Green, Kathleen Law, Miller, Amos, Meisner, Simpson, Leland, Robert Jones, Vagnozzi, Jackson, Young, Byrnes, Rick Jones, Polidori, Gonzales, Garfield, Wenke, Meadows, Alma Smith and Clack and referred to the Committee on Health Policy.

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending section 5314 (MCL 700.5314), as amended by 2000 PA 469.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5314. Whenever 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. Except as limited

 

under section 5306, a legally incapacitated individual's guardian

 

is responsible for the ward's care, custody, and control, but is

 

not liable to third persons by reason of that responsibility for

 


the ward's acts. In particular and without qualifying the previous

 

sentences, a guardian has all of the following powers and duties,

 

except as modified by court order:

 

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

 

order by a court of competent jurisdiction relating to the ward's

 

detention or commitment, the guardian is entitled to custody of the

 

person of the guardian's ward and may establish the ward's place of

 

residence within or without this state. A ward's guardian shall

 

visit the ward within 3 months after the guardian's appointment and

 

not less than once within 3 months after each previous visit. The

 

guardian must notify the court within 14 days of a change in the

 

ward's place of residence.

 

     (b) If entitled to custody of the ward, the guardian must make

 

provision for the ward's care, comfort, and maintenance and, when

 

appropriate, arrange for the ward's training and education. The

 

guardian shall secure services to restore the ward to the best

 

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

 

can return to self-management at the earliest possible time.

 

Without regard to custodial rights of the ward's person, the

 

guardian must take reasonable care of the ward's clothing,

 

furniture, vehicles, and other personal effects and commence a

 

protective proceeding if the ward's other property needs

 

protection. If a guardian commences a protective proceeding because

 

the guardian believes that it is in the ward's best interest to

 

sell or otherwise dispose of the ward's real property or interest

 

in real property, the court may appoint the guardian as special

 

conservator and authorize the special conservator to proceed under

 


section 5423(3). A guardian shall not otherwise sell the ward's

 

real property or interest in real property.

 

     (c) A guardian may give the consent or approval that is

 

necessary to enable the ward to receive medical or other

 

professional care, counsel, treatment, or service, including

 

hospitalization under section 415 of the mental health code, 1974

 

PA 258, MCL 330.1415, or mental health outpatient care and

 

treatment recommended by a mental health professional.

 

     (d) If a conservator for the ward's estate is not appointed, a

 

guardian may do any of the following:

 

     (i) Institute a proceeding to compel a person under a duty to

 

support the ward or to pay money for the ward's welfare to perform

 

that duty.

 

     (ii) Receive money and tangible property deliverable to the

 

ward and apply the money and property for the ward's support, care,

 

and education. The guardian shall not use money from the ward's

 

estate for room and board that the guardian or the guardian's

 

spouse, parent, or child have furnished the ward unless a charge

 

for the service is approved by court order made upon notice to at

 

least 1 of the ward's next of kin, if notice is possible. The

 

guardian shall exercise care to conserve any excess for the ward's

 

needs.

 

     (e) The guardian shall report the condition of the ward and

 

the ward's estate that is subject to the guardian's possession or

 

control, as required by the court, but not less often than

 

annually. The guardian shall also serve the report required under

 

this subdivision on the ward and interested persons as specified in

 


the Michigan court rules. A report under this subdivision must

 

contain all of the following:

 

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

 

     (ii) Improvement or deterioration in the ward's mental,

 

physical, and social condition that occurred during the past year.

 

     (iii) The ward's present living arrangement and changes in his

 

or her living arrangement that occurred during the past year.

 

     (iv) Whether the guardian recommends a more suitable living

 

arrangement for the ward.

 

     (v) Medical treatment received by the ward.

 

     (vi) Services received by the ward.

 

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

 

behalf of, the ward.

 

     (viii) A recommendation as to the need for continued

 

guardianship.

 

     (f) If a conservator is appointed, the guardian shall pay to

 

the conservator, for management as provided in this act, the amount

 

of the ward's estate received by the guardian in excess of the

 

amount the guardian expends for the ward's current support, care,

 

and education. The guardian shall account to the conservator for

 

the amount expended.