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 700.5419 - Conservators; Title by Appointment.

Sec. 5419.
(1) Appointment of a conservator vests in the conservator title as trustee to all of the protected individual's property, or to the part of that property specified in the order, held at the time of or acquired after the order, including title to property held for the protected individual by a custodian or attorney-in-fact. An order specifying that only a part of the protected individual's property vests in the conservator creates a limited conservatorship.
(2) Except as otherwise provided in this act, the protected individual's interest in property vested in a conservator by this section is not transferable or assignable by the protected individual. Though ineffective to affect property rights, an attempted transfer or assignment by the protected individual may generate a claim for restitution or damages that, subject to presentation and allowance, may be satisfied as provided in section 5429.
(3) Property vested in a conservator by this section and the protected individual's interest in that property is not subject to levy, garnishment, or similar process other than an order issued in the protective proceeding made as provided in section 5429.
History: 1998, Act 386, Eff. Apr. 1, 2000 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.