Sec. 5409.
(1) The court may appoint an individual, a corporation authorized to exercise fiduciary powers, or a professional conservator described in section 5106 to serve as conservator of a protected individual's estate. The following are entitled to consideration for appointment in the following order of priority:
(a) A conservator, guardian of property, or similar fiduciary appointed or recognized by the appropriate court of another jurisdiction in which the protected individual resides.
(b) An individual or corporation nominated by the protected individual if he or she is 14 years of age or older and of sufficient mental capacity to make an intelligent choice, including a nomination made in a durable power of attorney.
(c) The protected individual's spouse.
(d) An adult child of the protected individual.
(e) A parent of the protected individual or a person nominated by the will of a deceased parent.
(f) A relative of the protected individual with whom he or she has resided for more than 6 months before the petition is filed.
(g) A person nominated by the person who is caring for or paying benefits to the protected individual.
(h) If none of the persons listed in subdivisions (a) to (g) are suitable and willing to serve, any person that the court determines is suitable and willing to serve.
(2) A person named in subsection (1)(a), (c), (d), (e), or (f) may designate in writing a substitute to serve instead, and that designation transfers the priority to the substitute. If persons have equal priority, the court shall select the person the court considers best qualified to serve. Acting in the protected individual's best interest, the court may pass over a person having priority and appoint a person having a lower priority or no priority.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 463, Eff. June 1, 2001 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)
Section 700.5401 - Protective Proceedings.
Section 700.5402 - Protective Proceedings; Jurisdiction.
Section 700.5404 - Original Petition for Appointment or Protective Order.
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 700.5411 - Terms and Requirements of Bonds.
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 700.5419 - Conservators; Title by Appointment.
Section 700.5420 - Recording of Conservator's Letters.
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 700.5427 - 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 700.5433 - Appointment of Conservator in Another State as Temporary Conservator.