Michigan Compiled Laws
258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)
Section 330.1628 - Qualifications of Guardian; Preference.

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

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Section 330.1606 - Repealed. 1978, Act 527, Imd.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Section 330.1608 - Repealed. 1978, Act 527, Imd.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Section 330.1610 - Repealed. 1978, Act 527, Imd.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.