HOUSE BILL No. 6093


     September 17, 1998, Introduced by Rep. Baird and referred to the Committee on Judiciary.


        A bill to amend 1978 PA 642, entitled

   "Revised probate code,"

   by amending section 444 (MCL 700.444), as amended by 1988 PA

   398.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 444.  (1) The court may appoint a guardian if  it is

 2     satisfied  THE COURT FINDS by clear and convincing evidence BOTH

 3    that the person for whom a guardian is sought is a legally inca-

 4    pacitated person  ,  and that the appointment is necessary as a

 5    means of providing continuing care and supervision of the person

 6    of the legally incapacitated person, WITH EACH FINDING SUPPORTED

 7    SEPARATELY ON THE RECORD.  Alternately, the court may dismiss the

 8    proceeding  ,  or may enter  any other  ANOTHER appropriate

 9    order, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, AN ORDER

10    AUTHORIZING A PARTICULAR MEDICAL TREATMENT OR PROCEDURE OR AN


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 1    ORDER DETERMINING THAT AN ADVANCE DIRECTIVE IS VALID, IS BINDING,

 2    OR HAS TAKEN EFFECT.

 3         (2)  A guardian shall be granted  THE COURT SHALL GRANT A

 4    GUARDIAN only those powers and only for that period of time as is

 5    necessary to provide for the demonstrated need of the legally

 6    incapacitated person.  , and the guardianship shall be designed 

 7    THE COURT SHALL DESIGN THE GUARDIANSHIP to encourage the develop-

 8    ment of maximum self-reliance and independence in the person.  A

 9    COURT SHALL NOT GRANT A GUARDIAN THE SAME POWERS THAT ARE HELD BY

10    A PATIENT ADVOCATE UNDER A DESIGNATION UNDER SECTION 496, UNLESS

11    IT IS DEMONSTRATED THAT THE PATIENT ADVOCATE IS NOT COMPLYING

12    WITH THE DESIGNATION OR SECTION 496, OR THAT THE PATIENT

13    ADVOCATE'S POWERS ARE NOT BEING RECOGNIZED. A court order estab-

14    lishing a guardianship shall specify any limitations on the

15    guardian's powers and any time limits on the guardianship.

16         (3) If  it is found  THE COURT FINDS by clear and convincing

17    evidence that  the  A person is legally incapacitated and lacks

18    the capacity to do some, but not all, of the tasks necessary to

19    care for himself or herself, the court may appoint a limited

20    guardian to provide guardianship services to the person, but the

21    court shall not appoint a full guardian.

22         (4) If  it is found  THE COURT FINDS by clear and convincing

23    evidence that  the  A person is legally incapacitated and is

24    totally without capacity to care for himself or herself, the

25    court shall specify that finding of fact in any order and may

26    appoint a full guardian.





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