Sec. 5318.
If a third person is dealing with a guardian or is assisting a guardian in the conduct of a transaction, the third person may assume the existence of trust powers and their proper exercise by the guardian without inquiry. The third person is not bound to inquire whether the guardian may act or is properly exercising the power. Unless the third person has actual knowledge that the guardian is exceeding the guardian's powers or improperly exercising them, a third person is fully protected in dealing with the guardian as if the guardian possessed and properly exercised the powers the guardian purports to exercise. A third person is not bound to assume the proper application of estate assets paid or delivered to the guardian. This section does not apply to a third person dealing with a limited guardian.
History: 1998, Act 386, Eff. Apr. 1, 2000 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.