SB-0270, As Passed Senate, May 14, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 270

 

 

April 15, 2015, Introduced by Senators JONES, SCHUITMAKER, HORN and HOPGOOD and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

(MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5301b. (1) The court has jurisdiction over the

 

appointment of a guardian under this part if any of the following

 

apply:

 

     (a) The individual for whom a guardian is sought resides in

 

this state.

 

     (b) The individual for whom a guardian is sought is present in

 

this state and has a significant connection to this state.

 

     (2) In determining if the individual for whom a guardian is

 

sought has a significant connection to this state under subsection

 

(1)(b), the court shall consider all of the following factors:

 

     (a) The wishes of the individual.


     (b) The location of the individual's family and other

 

interested persons.

 

     (c) The length and time the individual was present in this

 

state and the duration of any absence.

 

     (d) The location of the individual's property.

 

     (e) The extent to which the individual has ties to this state,

 

such as voting registration, state tax return filing, vehicle

 

registration, driver license, social relationship, and receipt of

 

services.

 

     (f) Any other factor the court considers relevant.

 

     Sec. 5402a. (1) The court has jurisdiction over the

 

appointment of a conservator or the issuance of a protective order

 

in relation to an individual's estate and affairs under this part

 

if any of the following apply:

 

     (a) The individual for whom a conservator or protective order

 

is sought resides in this state.

 

     (b) The individual for whom a conservator or protective order

 

is sought is present in this state and has a significant connection

 

to this state.

 

     (2) In determining if the individual for whom a conservator or

 

protective order is sought has a significant connection to this

 

state under subsection (1)(b), the court shall consider all of the

 

following factors:

 

     (a) The wishes of the individual.

 

     (b) The location of the individual's family and other

 

interested persons.

 

     (c) The length and time the individual was present in this


state and the duration of any absence.

 

     (d) The location of the individual's property.

 

     (e) The extent to which the individual has ties to this state,

 

such as voting registration, state tax return filing, vehicle

 

registration, driver license, social relationship, and receipt of

 

services.

 

     (f) Any other factor the court considers relevant.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.