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MI HB5629

Bill

Status

Passed

12/31/2016

Primary Sponsor

Michael McCready

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Allows parents or guardians to delegate care, custody, or property powers for minors or legally incapacitated individuals through power of attorney for periods not exceeding 180 days, except for powers to consent to marriage, adoption, or release for adoption.

  • Prohibits parents from knowingly and intentionally delegating custody powers for longer than 180 days for the purpose of permanently transferring custody in violation of Michigan Penal Code section 136c(3).

  • Extends delegation period until 31 days after deployment ends if a parent or guardian is serving in the U.S. armed forces and deployed to a foreign nation, if specified in the power of attorney.

  • Requires guardians of minors or legally incapacitated individuals to notify the court within 7 days after executing a power of attorney, including the attorney-in-fact's name, address, and telephone number.

  • Takes effect only if House Bill No. 5628 of the 98th Legislature is enacted into law.

Legislative Description

Probate; powers of attorney; use of parental power of attorney to permanently transfer custody of a child; prohibit. Amends sec. 5103 of 1998 PA 386 (MCL 700.5103).

Family law: child custody

Last Action

Assigned Pa 483'16

12/31/2016

Committee Referrals

Judiciary5/3/2016

Full Bill Text

No bill text available