HB-5629, As Passed House, December 14, 2016
HB-5629, As Passed Senate, December 14, 2016
May 3, 2016, Introduced by Reps. McCready, Canfield, Victory, Price, Iden, Vaupel, Crawford, Howell, Tedder, Hooker and McBroom and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5103. (1) By a properly executed power of attorney, a
parent or guardian of a minor or a guardian of a legally
incapacitated individual may delegate to another person, for a
period
not exceeding 6 months, 180
days, any of the parent's or
guardian's powers regarding care, custody, or property of the minor
child or ward, except the power to consent to marriage or adoption
of a minor ward or to release of a minor ward for adoption.
(2) A parent shall not knowingly and intentionally delegate
his or her powers under this section regarding care and custody of
the parent's minor child for longer than 180 days for the purpose
of permanently transferring custody of the child in violation of
section 136c(3) of the Michigan penal code, 1931 PA 328, MCL
750.136c.
(3) (2)
If a parent or guardian is serving
in the armed forces
of the United States and is deployed to a foreign nation, and if
the power of attorney so provides, a delegation under this section
is effective until the thirty-first day after the end of the
deployment.
(4) (3)
If a guardian for a minor or
legally incapacitated
individual delegates any power under this section, the guardian
shall notify the court within 7 days after execution of the power
of attorney and provide the court the name, address, and telephone
number of the attorney-in-fact.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5628 (request no.
04703'15) of the 98th Legislature is enacted into law.