SB-0786, As Passed Senate, June 12, 2018

SUBSTITUTE FOR

SENATE BILL NO. 786

     A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending section 5215 (MCL 700.5215), as amended by 2000 PA 469.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5215. A minor's guardian has the powers and

responsibilities of a parent who is not deprived of custody of the

parent's minor and unemancipated child, except that a guardian is

not legally obligated to provide for the ward from the guardian's

own money and is not liable to third persons by reason because of

the parental relationship for the ward's acts. A guardian has all

of the following powers and duties:

     (a) The guardian shall take reasonable care of a ward's

personal effects and commence a protective proceeding if necessary

to protect the ward's other property. 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.

     (b) The guardian may receive money payable for the ward's

support to the ward's parent, guardian, or custodian under the

terms of a statutory benefit or insurance system, or a private

contract, devise, trust, conservatorship, or custodianship. The

guardian may receive the ward's money or property paid or delivered

under section 5102. Money or property received under that section

shall 5102 must be applied to the ward's current needs for support,

care, and education. The guardian shall exercise due care to

conserve any excess for the ward's future needs unless a

conservator is appointed for the ward's estate, in which case the

excess shall must be paid over at least annually to the

conservator. The guardian shall not use that money or property for

compensation for the guardian's services except as approved by

court order or as determined by a duly an appointed conservator

other than the guardian. A guardian may institute a proceeding to

compel a person's performance of a duty to support the ward or to

pay money for the ward's welfare.

     (c) The guardian shall facilitate the ward's education and

social or other activities, and shall authorize medical or other

professional care, treatment, or advice. A guardian is not liable

by reason because of this consent for injury to the ward resulting

from the negligence or acts of third persons unless it would be

illegal for a parent to have consented.

     (d) A guardian may consent to a minor ward's marriage.

     (e) Subject to the conditions and restrictions of chapter X of

the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, a

guardian may consent to marriage or adoption of a minor ward or to

the release of a minor ward for adoption.

     (f) A guardian must report the condition of the ward and of

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

control as ordered by the court on petition of a person interested

in the minor's welfare or as required by court rule. The report

must detail the condition of the ward, medical or mental health

treatment or care to which the ward was subjected, and what reason,

if any, exists for the continuation of the guardianship.

     (g) Within 14 days after a change in the ward's place of

residence, the guardian shall give to the court notice of the

ward's new address.

     (h) A guardian may execute a do-not-resuscitate order on

behalf of the ward as provided in section 3a of the Michigan do-

not-resuscitate procedure act, 1996 PA 193, MCL 333.1053a.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 784 of the 99th Legislature is enacted into

law.