Michigan Laws 330.1631 – Guardian; duties; filing, contents, and review of report
Current as of: 2024 | Check for updates
|
Other versions
(1) To the extent ordered by the court, the plenary guardian of the person shall have and a partial guardian of the person may have among others the following duties:
(a) Custody of the ward.
Terms Used In Michigan Laws 330.1631
- 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
- 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.
- 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
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(b) The duty to make provision from the ward’s estate or other sources, for the ward’s care, comfort, and maintenance.
(c) The duty to make a reasonable effort to secure for the ward training, education, medical, and psychological services, and social and vocational opportunity as are appropriate and as will assist the ward in the development of maximum self-reliance and independence.
(2) The guardian of the person, plenary or partial, shall file with the court at intervals indicated by the court, but not less often than annually, a report which shall contain statements indicating:
(a) The individual’s current mental, physical, and social condition.
(b) The individual’s present living arrangement and a description and the address of every residence where the individual lived during the reporting period and the length of stay at each residence.
(c) An assessment of the adequacy and appropriateness for the ward of treatment and residential programs in the ward’s current residence and a statement on whether the ward will continue to live at the current residence or whether the guardian recommends a more suitable alternative residence.
(d) A summary of the medical, educational, vocational, and other professional services given to the individual.
(e) A resume of the guardian’s visits with and activities on behalf of the individual.
(f) A recommendation as to the need for continued guardianship.
(g) A statement signed by the standby guardian, if any have been appointed, that the standby guardian continues to be willing to serve in the event of the death, incapacity, or resignation of the guardian.
(h) An accounting of all financial transactions made by the guardian involving the ward’s estate.
(i) Other information requested by the court or useful in the opinion of the guardian.
(3) For the purpose of filing this report pursuant to subsection (2), the guardian shall be given access to information, reports and records from facilities, a community mental health board or agency, court staff, a public or private entity or agency, or a suitable person that are necessary for the guardian to perform his or her duties.
(4) The court shall review the report required in subsection (2) and take whatever action it considers necessary.