Michigan Laws 556.216 – Judicial relief; dismissal of petition
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Terms Used In Michigan Laws 556.216
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Michigan Laws 556.202
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Court: includes that term as defined in section 1103 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 556.202
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Intestate: Dying without leaving a will.
- Person: means an individual or corporation, including a fiduciary of an estate or trust, a business trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 556.202
- power: means a power of attorney. See Michigan Laws 556.202
- 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
- Power of attorney: means a written record that grants authority to an agent to act in 1 or more matters on behalf of the principal, whether or not the term power of attorney is used. See Michigan Laws 556.202
- Principal: means an individual who grants authority to an agent in a power of attorney. See Michigan Laws 556.202
- Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right in such a thing. See Michigan Laws 556.202
- Trustee: A person or institution holding and administering property in trust.
(1) Without precluding other bases on which such matters may properly be brought before the court, any of the following persons may petition a court to construe a power of attorney or review the agent‘s conduct and grant appropriate relief:
(a) The principal or the agent.
(b) A guardian, conservator, or other fiduciary acting for the principal.
(c) A person that, at the time of the petition, is exercising authority to make health care decisions for the principal.
(d) An individual who, at the time of the petition, would be an heir of the principal if the principal were to die intestate at that time.
(e) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal the trustee of which has a financial interest in the principal’s estate.
(f) The personal representative of the principal’s estate.
(g) Adult protective services.
(h) A caregiver or another person that demonstrates sufficient interest in the principal’s welfare.
(i) A person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under subsection (1) unless the court finds 1 of the following:
(a) That the principal lacks capacity to revoke the agent’s authority or the power of attorney.
(b) That the motion is the effect of undue influence, fraud, or duress.
(3) Without precluding other bases on which such matters may properly be brought before the court, any of the following persons may petition a court to review conduct regulated by this act on the part of a person to whom a power of attorney is presented for acceptance and to grant appropriate relief:
(a) The principal or the agent.
(b) A guardian, conservator, or other court-appointed fiduciary acting for the principal.