September 27, 2017, Introduced by Rep. Lucido and referred to the Committee on Judiciary.


     A bill to amend 1998 PA 386, entitled


"Estates and protected individuals code,"


by amending section 5314 (MCL 700.5314), as amended by 2013 PA 157.




     Sec. 5314. Whenever If meaningful communication is possible, a


legally incapacitated individual's guardian shall consult with the


legally incapacitated individual before making a major decision


affecting the legally incapacitated individual. To the extent a


guardian of a legally incapacitated individual is granted powers by


the court under section 5306, the guardian is responsible for the


ward's care, custody, and control, but is not liable to third


persons by reason because of that responsibility for the ward's


acts. In particular and without qualifying the previous sentences,


a guardian has all of the following powers and duties, to the


extent granted by court order:

     (a) The custody of the person of the ward and the power to


establish the ward's place of residence within in or without


outside this state. The guardian shall visit the ward within 3


months after the guardian's appointment and not less than once


within 3 months after each previous visit. The guardian shall


notify the court within 14 days of a change in the ward's place of


residence or a change in the guardian's place of residence.


     (b) If entitled to custody of the ward, the duty to make


provision for the ward's care, comfort, and maintenance and, when


appropriate, arrange for the ward's training and education. The


guardian shall secure services to restore the ward to the best


possible state of mental and physical well-being so that the ward


can return to self-management at the earliest possible time.


Without regard to custodial rights of the ward's person, the


guardian shall take reasonable care of the ward's clothing,


furniture, vehicles, and other personal effects and commence a


protective proceeding if the ward's other property needs


protection. If a guardian commences a protective proceeding because


the guardian believes that it is in the ward's best interest to


sell or otherwise dispose of the ward's real property or interest


in real property, the court may appoint the guardian as special


conservator and authorize the special conservator to proceed under


section 5423(3). A guardian shall not otherwise sell the ward's


real property or interest in real property.


     (c) The power to give the consent or approval that is


necessary to enable the ward to receive medical or other


professional care, counsel, treatment, or service. The power of a

guardian to execute a do-not-resuscitate order under subdivision


(d) does not affect or limit the power of a guardian to consent to


a physician's order to withhold resuscitative measures in a




     (d) The power of a guardian to execute, reaffirm, and revoke a


do-not-resuscitate order on behalf of a ward. is subject to this


subdivision. A However, a guardian shall not execute a do-not-


resuscitate order unless the guardian does all of the following:


     (i) Not more than 14 days before executing the do-not-


resuscitate order, the guardian visits the ward and, if meaningful


communication is possible, consults with the ward about executing


the do-not-resuscitate order.


     (ii) The guardian consults Consults directly with the ward's


attending physician as to the specific medical indications that


warrant the do-not-resuscitate order.


     (e) If a guardian executes a do-not-resuscitate order under


subdivision (d), not less than annually after the do-not-


resuscitate order is first executed, the guardian shall duty to do


all of the following:


     (i) Visit the ward and, if meaningful communication is


possible, consult with the ward about reaffirming the do-not-


resuscitate order.


     (ii) Consult directly with the ward's attending physician as


to specific medical indications that may warrant reaffirming the


do-not-resuscitate order.


     (f) The power to implant a subcutaneous tracking device with


the ward. As used in this subdivision:

     (i) "Subcutaneous" means existing, performed, or introduced


under or on the skin.


     (ii) "Tracking device" means an item, application, or product


that is passively or actively capable of transmitting location.


     (g) (f) If a conservator for the ward's estate is not


appointed, the power to do any of the following:


     (i) Institute a proceeding to compel a person under a duty to


support the ward or to pay money for the ward's welfare to perform


that duty.


     (ii) Receive money and tangible property deliverable to the


ward and apply the money and property for the ward's support, care,


and education. The guardian shall not use money from the ward's


estate for room and board that the guardian or the guardian's


spouse, parent, or child have furnished the ward unless a charge


for the service is approved by court order made upon on notice to


at least 1 of the ward's next of kin, if notice is possible. The


guardian shall exercise care to conserve any excess for the ward's




     (h) (g) The guardian shall duty to report the condition of the


ward and the ward's estate that is subject to the guardian's


possession or control, as required by the court, but not less often


than annually. The guardian shall also serve the report required


under this subdivision on the ward and interested persons as


specified in the Michigan court rules. A report under this


subdivision shall must contain all of the following:


     (i) The ward's current mental, physical, and social condition.


     (ii) Improvement or deterioration in the ward's mental,

physical, and social condition that occurred during the past year.


     (iii) The ward's present living arrangement and changes in his


or her living arrangement that occurred during the past year.


     (iv) Whether the guardian recommends a more suitable living


arrangement for the ward.


     (v) Medical treatment received by the ward.


     (vi) Whether the guardian has executed, reaffirmed, or revoked


a do-not-resuscitate order on behalf of the ward during the past




     (vii) Services received by the ward.


     (viii) A list of the guardian's visits with, and activities on


behalf of, the ward.


     (ix) A recommendation as to the need for continued




     (i) (h) If a conservator is appointed, the duty to pay to the


conservator, for management as provided in this act, the amount of


the ward's estate received by the guardian in excess of the amount


the guardian expends for the ward's current support, care, and


education. The guardian shall account to the conservator for the


amount expended.


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.