SENATE BILL No. 110

 

 

February 13, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.

 

 

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending section 5306 (MCL 700.5306), as amended by 2004 PA 532.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5306. (1) The court may appoint a guardian if the court

 

finds by clear and convincing evidence both that the individual for

 

whom a guardian is sought is an incapacitated individual and that

 

the appointment is necessary as a means of providing continuing

 

care and supervision of the incapacitated individual, with each

 

finding supported separately on the record. Alternately, the court

 

may dismiss the proceeding or enter another appropriate order.

 

     (2) The court shall grant a guardian only those powers and

 

only for that period of time as is necessary to provide for the

 

demonstrated need of the incapacitated individual. The court shall

 

design the guardianship to encourage the development of maximum

 

self-reliance and independence in the individual. If the court is

 

aware that an individual has executed a patient advocate

 

designation under section 5506, the court shall not grant a

 

guardian any of the same powers that are held by the patient

 

advocate. A court order establishing a guardianship shall specify

 

any limitations on the guardian's powers and any time limits on the

 

guardianship.

 

     (3) If the court finds by clear and convincing evidence that

 

an individual is incapacitated and lacks the capacity to do some,

 

but not all, of the tasks necessary to care for himself or herself,

 

the court may appoint a limited guardian to provide guardianship

 

services to the individual, but the court shall not appoint a full

 

guardian.

 

     (4) If the court finds by clear and convincing evidence that

 

the individual is incapacitated and is totally without capacity to

 

care for himself or herself, the court shall specify that finding

 

of fact in an order and may appoint a full guardian.

 

     (5) If an individual executed a patient advocate designation

 

under section 5506 before the time the court determines that he or

 

she became a legally incapacitated individual, a guardian does not

 

have and shall not exercise the power or duty of making medical or

 

mental health treatment decisions that the patient advocate is

 

designated to make. If, however, a petition for guardianship or for

 

modification under section 5310 alleges and the court finds that

 

the patient advocate designation was not executed in compliance

 

with section 5506, that the patient advocate is not complying with

the terms of the designation or with the applicable provisions of

 

sections 5506 to 5515, or that the patient advocate is not acting

 

consistent with the ward's best interests, the court may modify the

 

guardianship's terms to grant those powers to the guardian.

 

     (6) If the court finds by clear and convincing evidence that

 

the individual is incapacitated, that the person that has the care

 

and custody of the incapacitated individual denied a relative of

 

the incapacitated individual access to the incapacitated

 

individual, and that the incapacitated individual desires contact

 

with the relative or that contact with the relative is in the

 

incapacitated individual's best interest, the court may appoint a

 

limited guardian to supervise access with the relative.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.