January 25, 2018, Introduced by Senators WARREN, JONES, BIEDA and BRANDENBURG and referred to the Committee on Judiciary.
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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 784
of the 99th Legislature is enacted into law.