Michigan Compiled Laws
258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)
Section 330.1607 - Court as Guardian; Appointment of Temporary Guardian; Hearing; Rights and Privileges of Respondent.

Sec. 607.
(1) A court, upon filing of a petition for guardianship under this chapter and before the appointment of a plenary or partial guardian, or pending an appeal or action in relation to the appointment, under emergency circumstances and if necessary for the welfare or protection of an individual with a developmental disability, may temporarily exercise the powers of a guardian over an individual with a developmental disability, or may appoint a temporary guardian whose powers and duties shall be specifically enumerated by court order.
(2) If the court, under subsection (1), exercises the powers of a guardian or appoints a temporary guardian before the appointment of a plenary or partial guardian, a hearing on the petition for guardianship shall be held within 14 days, or at a time fixed under section 614, whichever is earlier.
(3) If the court, under subsection (1), exercises the powers of a guardian or appoints a temporary guardian pending an appeal or action in relation to the appointment of a guardian under this chapter, a hearing shall be held within 14 days to determine whether the individual is in need of the services of a guardian for the individual's welfare or protection during the pendency of the appeal or action. If the court determines by clear and convincing evidence that a need exists, the court may appoint a temporary guardian whose powers and duties shall be specifically enumerated by court order and whose authority shall expire upon resolution of the appeal or action.
(4) At a hearing held under either subsection (2) or (3), a respondent shall have all the rights and privileges otherwise available to an individual subject to proceedings under this chapter.
History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 330 - Mental Health Code

Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)

258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)

Section 330.1600 - Definitions.

Section 330.1602 - Guardianship; Use; Design; Limitation; Partial Guardianship.

Section 330.1604 - Jurisdiction; Provisions Applicable to Appointment of Guardian.

Section 330.1606 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1607 - Court as Guardian; Appointment of Temporary Guardian; Hearing; Rights and Privileges of Respondent.

Section 330.1608 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1609 - Petition for Appointment of Guardian; Filing; Contents.

Section 330.1610 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1612 - Petition for Appointment of Guardian; Accompanying Report; Psychological Tests; Evaluations; Availability of Report.

Section 330.1614 - Hearings; Date and Place; Notice.

Section 330.1615 - Right to Legal Counsel; Appointment of Counsel; Preferred Counsel; Compensation of Appointed Counsel.

Section 330.1616 - Guardian Ad Litem.

Section 330.1617 - Right to Jury; Evidence; Witnesses; Closing Hearing to Public; Presence of Respondent; Testimony of Person Who Prepared Report or Performed Evaluation; Independent Evaluation.

Section 330.1618 - Hearing; Powers and Duties of Court.

Section 330.1620 - Contents of Court Order Establishing Partial Guardianship; Legal and Civil Rights; Effect of Appointment of Partial Guardian.

Section 330.1622 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1623 - Placement of Individual With Developmental Disability in Facility; Appropriateness of Placement; Appropriate Treatment and Residential Programs; Reports From Public Agencies.

Section 330.1624 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1626 - Duration of Term of Guardianship; New Petition for Guardianship.

Section 330.1628 - Qualifications of Guardian; Preference.

Section 330.1629 - Routine or Emergency Medical Treatment or Surgery or Extraordinary Procedures; Liability of Guardian.

Section 330.1630 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1631 - Guardian; Duties; Filing, Contents, and Review of Report.

Section 330.1632 - Guardian as Fiduciary.

Section 330.1634 - Notice of Right to Dismiss Guardian or Modify Guardianship Order; Procedures.

Section 330.1636 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1637 - Discharge or Modification Order; Petition; Hearing; Order.

Section 330.1638 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1640 - Standby Guardian.

Section 330.1642 - Testamentary Guardian.

Section 330.1644 - Termination of Guardianship; Legal and Civil Rights; Applicability of Section to Termination by Term Expiration and Court Order.