Sec. 5503.
(1) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, estate guardian, or other fiduciary charged with the management of all of the principal's property or all of his or her property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she were not disabled or incapacitated.
(2) By a durable power of attorney, a principal may nominate the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if a protective proceeding for the principal's person or estate is commenced after execution of the power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
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)
Section 700.5501 - Durable Power of Attorney; Definition; Attorney-in-Fact.
Section 700.5503 - Relation of Attorney in Fact to Court-Appointed Fiduciary.
Section 700.5504 - Power of Attorney Not Revoked Until Notice.
Section 700.5505 - Proof of Continuance of Durable and Other Powers of Attorney by Affidavit.
Section 700.5507 - Patient Advocate Designation; Statement; Acceptance.
Section 700.5508 - Determination of Advocate's Authority to Act.
Section 700.5509 - Authority and Responsibilities of Patient Advocate; Suspension.
Section 700.5510 - Revocation of Patient Advocate Designation.
Section 700.5511 - Binding Effect; Liability of Provider; Exception; Dispute.
Section 700.5512 - Restrictions.
Section 700.5513 - Repealed. 2004, Act 532, Imd. Eff. Jan. 3, 2005.