Act No. 93

Public Acts of 2004

Approved by the Governor

May7,2004

Filed with the Secretary of State

May7,2004

EFFECTIVE DATE: May7,2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Reps. Emmons, Milosch, Vander Veen, Garfield, LaJoy, Robertson, Amos, Tabor, Steil, Hune, Walker, Stakoe, Nofs, Tobocman, Ruth Johnson, Middaugh, Farrah, Woronchak, Pumford, Meyer, Shackleton, Plakas, Mortimer, Pappageorge, Bisbee, Kooiman, Huizenga, Sheen, Newell, Rocca, Nitz, Caswell, Brandenburg, Bradstreet, Drolet, Hummel, Acciavatti, Farhat, Pastor, Shulman, Moolenaar, Ward, Gleason, Vagnozzi, Voorhees, Stewart, Koetje, Hager, Julian, Taub, Accavitti and Gillard

ENROLLED HOUSE BILL No. 5466

AN ACT to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending section 5103 (MCL 700.5103), as amended by 2000 PA 54.

The People of the State of Michigan enact:

Sec. 5103. (1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 6 months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward or to release of a minor ward for adoption.

(2) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides, a delegation under this section is effective until the thirty-first day after the end of the deployment.

(3) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor