Sec. 5303.
(1) An individual in his or her own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity and appointment of a guardian. The petition must contain specific facts about the individual's condition and specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment.
(2) Before a petition is filed under this section, the court shall provide the person intending to file the petition with written information that sets forth alternatives to appointment of a full guardian, including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, and an explanation of each alternative.
(3) Upon the filing of a petition under subsection (1), the court shall set a date for hearing on the issue of incapacity. Unless the allegedly incapacitated individual has legal counsel of his or her own choice, the court shall appoint a guardian ad litem to represent the person in the proceeding.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 468, Eff. June 1, 2001 ;-- Am. 2013, Act 157, Eff. Feb. 3, 2014 ;-- Am. 2017, Act 155, Eff. Feb. 6, 2018 Popular Name: EPIC
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
386-1998-V-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319)
Section 700.5301 - Appointment of Guardian for Incapacitated Person by Will or Other Writing.
Section 700.5301a - Appointment of Guardian in Another State as Temporary Guardian.
Section 700.5302 - Guardianship Proceedings; Venue.
Section 700.5304 - Evaluation and Report; Hearing.
Section 700.5305 - Guardian Ad Litem; Duties; Compensation; Legal Counsel.
Section 700.5306a - Rights of Individual for Whom Guardian Is Sought or Appointed; Form.
Section 700.5307 - Jurisdiction Over Guardian.
Section 700.5308 - Termination of Guardian's Authority and Responsibility.
Section 700.5309 - Review of Guardianship.
Section 700.5310 - Resignation or Removal of Guardian.
Section 700.5311 - Appointment or Removal of Guardian; Notice of Hearing.
Section 700.5312 - Court Exercise of Power of Guardian; Temporary Guardian.
Section 700.5313 - Guardian; Qualifications.
Section 700.5314 - Powers and Duties of Guardian.
Section 700.5315 - Payments for Care of Ward; Claims at Death.
Section 700.5316 - Partial Management of Property by Ward.
Section 700.5317 - Guardianship Proceedings; Concurrent Jurisdiction.