HOUSE BILL No. 4752

 

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.