Loading chat...

MI SB0461

Bill

Status

Passed

7/18/2012

Primary Sponsor

Tonya Schuitmaker

Click for details

Origin

Senate

96th Legislature

AI Summary

  • Individuals convicted of abusing, neglecting, or exploiting a decedent forfeit all benefits from the decedent's estate and lose any powers of appointment or fiduciary nominations in the decedent's will or governing instruments.

  • Joint tenancy interests between a killer or felon and the decedent are severed and converted to tenancies in common, with protections for third parties acting in good faith before the severance is recorded.

  • Payors and third parties have 10 business days after receiving written notice of a claimed forfeiture to stop payment; they may deposit disputed amounts with the county treasurer pending court determination.

  • Guardians must consult with legally incapacitated individuals on major decisions when meaningful communication is possible, visit at least quarterly, notify the court within 14 days of residence changes, and provide annual reports on the ward's condition and services received.

  • Creates a comprehensive list of rights for individuals subject to guardianship, including rights to legal counsel, jury trial, independent evaluation, periodic court review, and modification or termination of guardianship; effective October 1, 2012.

Legislative Description

Probate; guardians and conservators; miscellaneous provisions in EPIC regarding legally incapacitated and other protected and vulnerable individuals; revise. Amends secs. 2802, 2803, 2804, 5314, 5315, 5410, 5422 & 5423 of 1998 PA 386 (MCL 700.2802 et seq.) & adds secs. 5306a & 5319.

Probate, wills and estates

Last Action

Assigned Pa 0173'12 With Immediate Effect

7/18/2012

Committee Referrals

Families, Children, And Seniors11/2/2011
Families, Seniors And Human Services6/15/2011

Full Bill Text

No bill text available