Michigan Compiled Laws
386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433)
Section 700.5401 - Protective Proceedings.

Sec. 5401.
(1) Upon petition and after notice and hearing in accordance with this part, the court may appoint a conservator or make another protective order for cause as provided in this section.
(2) The court may appoint a conservator or make another protective order in relation to a minor's estate and affairs if the court determines that the minor owns money or property that requires management or protection that cannot otherwise be provided, has or may have business affairs that may be jeopardized or prevented by minority, or needs money for support and education and that protection is necessary or desirable to obtain or provide money.
(3) The court may appoint a conservator or make another protective order in relation to an individual's estate and affairs if the court determines both of the following:
(a) The individual is unable to manage property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance.
(b) The individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual's support, care, and welfare or for those entitled to the individual's support, and that protection is necessary to obtain or provide money.
(4) The court may appoint a conservator in relation to the estate and affairs of an individual who is mentally competent, but due to age or physical infirmity is unable to manage his or her property and affairs effectively and who, recognizing this disability, requests a conservator's appointment.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 466, Eff. June 1, 2001 Popular Name: EPIC

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 700 - Estates and Protected Individuals Code

Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)

Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520)

386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433)

Section 700.5401 - Protective Proceedings.

Section 700.5402 - Protective Proceedings; Jurisdiction.

Section 700.5402a - Appointment of Conservator or Issuance of Protection Order; Conditions; Connection of Individual to State; Factors.

Section 700.5403 - Venue.

Section 700.5404 - Original Petition for Appointment or Protective Order.

Section 700.5405 - Notice.

Section 700.5406 - Procedure Concerning Hearing and Order on Original Petition.

Section 700.5407 - Permissible Court Orders.

Section 700.5408 - Protective Arrangements and Single Transactions Authorized.

Section 700.5409 - Appointment of Conservator.

Section 700.5410 - Bond.

Section 700.5411 - Terms and Requirements of Bonds.

Section 700.5412 - Qualification; Limitation and Procedure With Regard to Specified Assets; Consent to Jurisdiction.

Section 700.5413 - Compensation and Expenses.

Section 700.5414 - Death, Resignation, or Removal of Conservator.

Section 700.5415 - Petitions for Orders Subsequent to Appointment.

Section 700.5416 - General Duty of Conservator.

Section 700.5417 - Inventory and Records.

Section 700.5418 - Accounts.

Section 700.5419 - Conservators; Title by Appointment.

Section 700.5420 - Recording of Conservator's Letters.

Section 700.5421 - Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Presumption; Compliance With Michigan Prudent Investor Rule; Exceptions.

Section 700.5422 - Persons Dealing With Conservators; Protection.

Section 700.5423 - Powers of Conservator in Administration.

Section 700.5424 - Powers Regarding Environmental Matters.

Section 700.5425 - Distributive Duties and Powers of Conservator.

Section 700.5426 - Gifts; Distribution to Formerly Protected Individual; Death of Protected Individual.

Section 700.5427 - Expansion or Limitation of Powers of Conservator.

Section 700.5428 - Preservation of Estate Plan; Right to Examine.

Section 700.5429 - Claims Against Protected Individual; Enforcement.

Section 700.5430 - Personal Liability of Conservator.

Section 700.5431 - Termination of Proceeding.

Section 700.5432 - Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings.

Section 700.5433 - Appointment of Conservator in Another State as Temporary Conservator.