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MI HB5441

Bill

Status

Passed

7/18/2012

Primary Sponsor

Holly Hughes

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Guardian ad litem must personally visit the individual and explain the nature, purpose, and legal effects of guardianship appointment, hearing procedures, and individual rights including the right to contest the petition and object to a particular guardian.

  • Guardian ad litem must inquire about the individual's estate cash and property, and determine whether alternatives to full guardianship exist such as limited guardian appointment, conservatorship, patient advocate designation, or durable power of attorney.

  • Guardian ad litem must inform the court whether court-ordered mediation could resolve disputes, and whether the individual wishes to contest the petition, have limits on the guardian's powers, or object to a particular person being appointed.

  • Court must appoint legal counsel to the individual if they wish to contest the petition or object to a guardian and counsel has not been secured; if the individual is indigent, the state shall bear the cost.

  • Guardian ad litem appointment terminates if legal counsel is appointed to the individual; court cannot order compensation of the guardian ad litem unless they certify compliance with all required duties.

Legislative Description

Probate; guardians and conservators; duties of guardian ad litem; revise. Amends sec. 5305 of 1998 PA 386 (MCL 700.5305).

Probate, guardians and conservators

Last Action

Assigned Pa 210'12 With Immediate Effect

7/18/2012

Committee Referrals

Families, Seniors And Human Services5/15/2012
Families, Children, And Seniors2/28/2012

Full Bill Text

No bill text available