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 700.5410 - Bond.

Sec. 5410.
(1) The court may require a conservator to furnish a bond. If the court determines that the value of cash and property that is readily convertible into cash in the estate and in the conservator's control exceeds the limit for administering a decedent's estate under section 3982, adjusted in the manner provided under section 1210 for the year in which the conservator is appointed, the court shall require the conservator to furnish a bond, unless 1 or more of the following apply:
(a) The estate contains no property readily convertible to cash and the cash is in a restricted account with a financial institution.
(b) The conservator has been granted trust powers under section 4401 of the banking code of 1999, 1999 PA 276, MCL 487.14401.
(c) The court determines that requiring a bond would impose a financial hardship on the estate.
(d) The court states on the record the reasons why a bond is not necessary.
(2) A bond furnished under this section shall be conditioned upon faithful discharge of all duties of the conservator's trust according to law, with sureties as the court specifies. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the estate property in the conservator's control plus 1 year's estimated income minus the value of securities deposited under arrangements requiring a court order for their removal and the value of land that the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. Instead of sureties on a bond, the court may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2012, Act 173, Eff. Oct. 1, 2012 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.