SENATE BILL No. 1389

September 27, 2000, Introduced by Senators JOHNSON, HAMMERSTROM, STEIL,

BULLARD, GOSCHKA, HART and SHUGARS and referred to the Committee on

Families, Mental Health and Human Services.

A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending section 5303 (MCL 700.5303).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 5303. (1) An individual in his or her own behalf, or

2 any person interested in the individual's welfare, may petition

3 for a finding of incapacity and appointment of a guardian. The

4 petition shall contain specific facts about the individual's con-

5 dition and specific examples of the individual's recent conduct

6 that demonstrate the need for a guardian's appointment.

7 (2) AT THE TIME A PETITION IS FILED UNDER THIS SECTION, THE

8 COURT SHALL PROVIDE THE PETITIONER WITH WRITTEN INFORMATION THAT

9 SETS FORTH ALTERNATIVES TO APPOINTMENT OF A FULL GUARDIAN,

10 INCLUDING, BUT NOT LIMITED TO, A LIMITED GUARDIAN, CONSERVATOR,

11 COURT ORDER GIVING ANOTHER PERSON AUTHORITY TO ACCOMPLISH A

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1 SPECIFIED PURPOSE, PATIENT ADVOCATE DESIGNATION, LIVING WILL,

2 DO-NOT-RESUSCITATE DECLARATION, OR DURABLE POWER OF ATTORNEY WITH

3 OR WITHOUT LIMITATIONS ON PURPOSE, AUTHORITY, OR TIME PERIOD, AND

4 AN EXPLANATION OF EACH ALTERNATIVE. IF THE PETITIONER CHOOSES AN

5 ALTERNATIVE, THE GUARDIANSHIP PETITION FILING FEE SHALL BE

6 APPLIED TO A PETITION FILED SEEKING THE ALTERNATIVE AND ANY

7 EXCESS AMOUNT SHALL BE REFUNDED TO THE PETITIONER.

8 (3) (2) Upon the filing of a petition under subsection

9 (1), the court shall set a date for hearing on the issue of

10 incapacity. Unless the allegedly incapacitated individual has

11 legal counsel of his or her own choice, the court shall appoint a

12 guardian ad litem to represent the person in the proceeding.

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