May 10, 2005, Introduced by Reps. Sheltrown, Lemmons, III, Nitz, Taub, Hansen, Lemmons, Jr., Vander Veen, Gosselin, Acciavatti, Kooiman, Kehrl, Moolenaar and Hummel and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 5310 (MCL 700.5310), as amended by 2000 PA 54.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5310. (1) On petition of the guardian and subject to the
filing and approval of a report prepared as required by section
5314, the court shall accept the guardian's resignation and make
any other order that is appropriate.
(2) The ward or a person interested in the ward's welfare may
petition for an order removing the guardian, appointing a successor
guardian, modifying the guardianship's terms, or terminating the
guardianship. A request for this order may be made by informal
letter to the court or judge. A person who knowingly interferes
with
the transmission of this kind of such a request to the court
or judge is subject to a finding of contempt of court.
(3) Except as otherwise provided in the order finding
incapacity, upon receiving a petition or request under this
section, the court shall set a date for a hearing to be held within
28 days after the receipt of the petition or request. An order
finding incapacity may specify a minimum period, not exceeding 182
days, during which a petition or request for a finding that a ward
is no longer an incapacitated individual, or for an order removing
the guardian, modifying the guardianship's terms, or terminating
the guardianship, shall not be filed without special leave of the
court. A restriction on filing a petition or request shall not
restrict the filing of a request described in subsection (5).
(4) Before removing a guardian, appointing a successor
guardian, modifying the guardianship's terms, or terminating a
guardianship, and following the same procedures to safeguard the
ward's rights as apply to a petition for a guardian's appointment,
the court may send a visitor to the present guardian's residence
and to the place where the ward resides or is detained to observe
conditions and report in writing to the court.
(5) If the guardian is the ward's spouse and if the guardian
has been granted the power to consent to or approve medical
treatment for the ward, a request under subsection (2) may be made
because the guardian has a marital conflict of interest. If the
court determines that the guardian has a marital conflict of
interest, the court shall modify the guardianship's terms to
prohibit the guardian from making a medical treatment decision to
withhold or withdraw treatment, nourishment, or hydration from the
ward that would result in the ward's death.
(6) As used in this section, "marital conflict of interest"
means that either of the following circumstances exists:
(a) The guardian has commenced an action for a divorce from
the ward.
(b) The guardian is engaged in a current, commonly known or
openly acknowledged, adulterous relationship.