ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT)
Act 386 of 1998
700.2802 Definitions relating to effect of certain criminal acts.
As used in this section and sections 2803 and 2804:
(a) "Abuse, neglect, or exploitation" means an act, the commission of which is a felony, under any of the following:
(i) An act that constitutes child abuse under section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.
(ii) A criminal act that is an offense under chapter XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A violation of section 174a of the Michigan penal code, 1931 PA 328, MCL 750.174a.
(iv) A criminal act that is an offense involving domestic violence as that term is defined in section 27b of chapter VIII of the code of criminal procedure, 1927 PA 175, MCL 768.27b.
(v) A criminal act that constitutes abuse, neglect, or exploitation as those terms are defined in section 11 of the social welfare act, 1939 PA 280, MCL 400.11.
(b) "Disposition or appointment of property" includes, but is not limited to, a transfer of an item of property or another benefit to a beneficiary designated in a governing instrument.
(c) "Felon" means the individual who was convicted of committing the abuse, neglect, or exploitation.
(d) "Governing instrument" means a governing instrument executed by the decedent.
(e) "Revocable" means, with respect to a disposition, appointment, provision, or nomination, one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer or felon, whether or not the decedent was then empowered to designate himself or herself in place of his or her killer or felon and whether or not the decedent then had the capacity to exercise the power.
History: 1998, Act 386, Eff. Apr. 1, 2000
Am. 2012, Act 173, Eff. Oct. 1, 2012
Popular Name: EPIC
© 2009 Legislative Council, State of Michigan