Guardianships Blog
Three Rivers Estate Planning - Guardianships Law Blog

Guardian and Durable Power of Attorney for Healthcare

Posted December 3, 2018

The EPIC now provides in sections 5506 to 5513 for the designation of a patient advocate. This is accomplished by a special type of power of attorney. The patient advocate is authorized to make medical decisions concerning the principal when the principal is unable to do so. This section contains numerous protections against the patient advocate abusing this authority. If properly appointed, the patient advocate can do such things as tell the doctors not to use artificial life support or to disconnect the principal from such supports. An attorney should be consulted when this document is drafted.

 

Guardian under EPIC

Posted November 14, 2018

Section 5103 of the Estates and Protected Individuals Code (EPIC) provides for the delegation of power by a parent or guardian. This section may be used by the parent of a minor, guardian of a minor, or the guardian of a legally incapacitated individual. It is very useful in situations when a parent or guardian is temporarily absent from the ward. For example, this method may be used when a child goes away to camp or on a trip or where the guardian of an adult goes on vacation and the disabled person remains in the home community. The power regarding care, custody or property of a minor child or disabled person may be delegated by a properly executed power of attorney. The duration of such delegation cannot exceed 6 months. 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.

 

Minor Children

Posted October 6, 2018

A full guardian has the same powers and responsibilities to a minor child as does a custodial parent, except that a guardian is not obligated to support the minor with personal funds and is not liable to third parties for the minor’s acts.  A limited guardian has all the powers and duties of a full guardian enumerated in MCL 700.5215 except that a limited guardian may not consent to the minor’s adoption, the minor’s release for adoption, or the marriage of a minor. MCL 700.5206(4).

A guardian must take reasonable care of the minor’s personal effects and start protective proceedings if necessary to protect the minor’s property. The guardian may not sell the minor’s interest in real property without court authorization.  Any money received for the minor’s support must be spent on the minor’s current needs for support, care and education.  The money is not to be used to reimburse the guardian for services rendered unless approved by court order or as determined by a duly appointed conservator other than the guardian.  The guardian is to assist with the minor’s education and social activities and authorize medical or other professional care.  A full guardian may give consent to the minor’s; marriage, adoption or release for adoption.  The guardian must file timely reports with the court.  These reports must detail the minor’s condition, including any medical treatment given to the minor; the assets in the guardian’s control; and reasons for continuing the guardianship. The guardian must serve the report on the interested persons.

The probate court has exclusive legal and equitable jurisdiction over guardianships, conservatorships, and protective proceedings, except to the extent the Revised Judicature Act confers jurisdiction on the family division of circuit court. MCL 600.841, 700.1302(c). The family division of circuit court has ancillary jurisdiction over cases involving guardians and conservators that are commenced on or after January 1, 1998. MCL 600.1021(2)(a). However, the ability of a court to exercise ancillary jurisdiction is extremely proscribed under Michigan law and can be done only under extraordinary circumstances.


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