Sec. 628.
(1) The court may appoint as guardian of an individual with a developmental disability any suitable individual or agency, public or private, including a private association capable of conducting an active guardianship program for an individual with a developmental disability. The court shall not appoint the department of mental health as guardian or any other agency, public or private, that is directly providing services to the individual, unless no other suitable individual or agency can be identified. In such instances, guardianship by the provider shall only continue until such time as a more suitable individual or agency can be appointed.
(2) Before the appointment, the court shall make a reasonable effort to question the individual concerning his or her preference regarding the person to be appointed guardian, and any preference indicated shall be given due consideration.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Structure 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Section 330.1606 - Repealed. 1978, Act 527, Imd.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Section 330.1608 - Repealed. 1978, Act 527, Imd.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Section 330.1610 - Repealed. 1978, Act 527, Imd.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 330.1614 - Hearings; Date and Place; Notice.
Section 330.1616 - Guardian Ad Litem.
Section 330.1618 - Hearing; Powers and Duties of Court.
Section 330.1622 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.
Section 330.1624 - Repealed. 1978, Act 527, Imd.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Section 330.1630 - Repealed. 1978, Act 527, Imd.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Section 330.1636 - Repealed. 1978, Act 527, Imd.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.