Michigan Laws 330.1618 – Hearing; powers and duties of court
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(1) The court, at a hearing convened under this chapter for the appointment of a guardian, shall do all of the following:
(a) Inquire into the nature and extent of the general intellectual functioning of the respondent asserted to need a guardian.
Terms Used In Michigan Laws 330.1618
- Court: means the probate court or the court with responsibility with regard to mental health services for the county of residence of an individual with developmental disability, or for the county in which the individual was found if a county of residence cannot be determined. See Michigan Laws 330.1600
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Facility: means all of the following that regularly admit individuals with developmental disability and provide residential and other services:
(i) A facility as defined in section 100b. See Michigan Laws 330.1600Guardian: 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. Partial guardian: means a guardian who possesses fewer than all of the legal rights and powers of a plenary guardian, and whose rights, powers, and duties have been specifically enumerated by court order. See Michigan Laws 330.1600 Plenary guardian: means a guardian who possesses the legal rights and powers of a full guardian of the person, or of the estate, or both. See Michigan Laws 330.1600 Respondent: means the individual who is the subject of a petition for guardianship filed under this chapter. See Michigan Laws 330.1600
(b) Determine the extent of the impairment in the respondent’s adaptive behavior.
(c) Determine the respondent’s capacity to care for himself or herself by making and communicating responsible decisions concerning his or her person.
(d) Determine the capacity of the respondent to manage his or her estate and financial affairs.
(e) Determine the appropriateness of the proposed living arrangements of the respondent and determine whether or not it is the least restrictive setting suited to the respondent’s condition.
(f) If the respondent is residing in a facility, the court shall specifically determine the appropriateness of the living arrangement and determine whether or not it is the least restrictive suited to the respondent’s condition.
(2) The court shall make findings of fact on the record regarding the matters specified in subsection (1).
(3) If it is determined that the respondent possesses the capacity to care for himself or herself and the respondent’s estate, the court shall dismiss the petition.
(4) If it is found by clear and convincing evidence that the respondent is developmentally disabled and lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or the respondent’s estate, the court may appoint a partial guardian to provide guardianship services to the respondent, but the court shall not appoint a plenary guardian.
(5) If it is found by clear and convincing evidence that the respondent is developmentally disabled and is totally without capacity to care for himself or herself or the respondent’s estate, the court shall specify that finding of fact in any order and may appoint a plenary guardian of the person or of the estate or both for the respondent.