Michigan Laws 700.5311 – Appointment or removal of guardian; designation or change of standby guardian; notice of hearing
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Terms Used In Michigan Laws 700.5311
- Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
- Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104
- Incapacitated individual: means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. See Michigan Laws 700.1105
- Person: means an individual or an organization. See Michigan Laws 700.1106
- Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106
- Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108
(1) In a proceeding for the appointment or removal of an incapacitated individual‘s guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, or to designate a standby guardian or change the designated standby guardian, notice of hearing must be given to each of the following:
(a) The ward or the individual alleged to be incapacitated and that individual’s spouse, parents, and adult children.
(b) A person who is serving as the guardian or conservator or who has the individual’s care and custody.
(c) If known, a person named as attorney in fact under a durable power of attorney.
(d) The standby guardian or the person nominated to be designated as standby guardian.
(e) If no other person is notified under subdivision (a), (b), (c), or (d), at least 1 of the individual’s closest adult relatives, if any can be found.
(2) Notice must be served personally on the alleged incapacitated individual. Notice to all other persons must be given as prescribed by court rule. Waiver of notice by the individual alleged to be incapacitated is not effective unless the individual attends the hearing or a waiver of notice is confirmed in an interview with the visitor.
(3) In a proceeding for a guardian’s appointment or designation of a standby guardian under section 5303 and 5304, a copy of the petition must be attached to the hearing notice, and the notice to the alleged incapacitated individual must contain all of the following information:
(a) The nature, purpose, and legal effects of the appointment of a guardian or designation of a standby guardian.
(b) The alleged incapacitated individual’s rights in the proceeding, including the right to appointed legal counsel.