ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT)
Act 386 of 1998
700.5303 Court appointment of guardian of incapacitated person; petition; alternatives to appointment of full guardian; hearing.
(1) An individual in his or her own behalf, or any person interested in the individual's welfare, may petition for a finding of incapacity and appointment of a guardian. The petition must contain specific facts about the individual's condition and specific examples of the individual's recent conduct that demonstrate the need for a guardian's appointment.
(2) Before a petition is filed under this section, the court shall provide the person intending to file the petition with written information that sets forth alternatives to appointment of a full guardian, including, but not limited to, a limited guardian, conservator, patient advocate designation, do-not-resuscitate order, physician orders for scope of treatment form, or durable power of attorney with or without limitations on purpose, authority, or time period, and an explanation of each alternative.
(3) Upon the filing of a petition under subsection (1), the court shall set a date for hearing on the issue of incapacity. Unless the allegedly incapacitated individual has legal counsel of his or her own choice, the court shall appoint a guardian ad litem to represent the person in the proceeding.
History: 1998, Act 386, Eff. Apr. 1, 2000
Am. 2000, Act 468, Eff. June 1, 2001
Am. 2013, Act 157, Eff. Feb. 3, 2014
Am. 2017, Act 155, Eff. Feb. 6, 2018
Popular Name: EPIC
© 2017 Legislative Council, State of Michigan