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Michigan Compiled Laws, Chapter 700. Estates and Protected Individuals Code § 700.5311

Current as of February 09, 2022 | Updated by FindLaw Staff

Sec. 5311. (1) In a proceeding for the appointment or removal of an incapacitated individual's guardian, other than the appointment of a temporary guardian or temporary suspension of a guardian, or to designate a standby guardian or change the designated standby guardian, notice of hearing must be given to each of the following:

(a) The ward or the individual alleged to be incapacitated and that individual's spouse, parents, and adult children.

(b) A person who is serving as the guardian or conservator or who has the individual's care and custody.

(c) If known, a person named as attorney in fact under a durable power of attorney.

(d) The standby guardian or the person nominated to be designated as standby guardian.

(e) If no other person is notified under subdivision (a), (b), (c), or (d), at least 1 of the individual's closest adult relatives, if any can be found.

(2) Notice must be served personally on the alleged incapacitated individual. Notice to all other persons must be given as prescribed by court rule. Waiver of notice by the individual alleged to be incapacitated is not effective unless the individual attends the hearing or a waiver of notice is confirmed in an interview with the visitor.

(3) In a proceeding for a guardian's appointment or designation of a standby guardian under sections 5303 and 5304,  1 a copy of the petition must be attached to the hearing notice, and the notice to the alleged incapacitated individual must contain all of the following information:

(a) The nature, purpose, and legal effects of the appointment of a guardian or designation of a standby guardian.

(b) The alleged incapacitated individual's rights in the proceeding, including the right to appointed legal counsel.

1 M.C.L.A. §§ 700.5303 and 700.5304.
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Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 700. Estates and Protected Individuals Code § 700.5311 - last updated February 09, 2022 | https://codes.findlaw.com/mi/chapter-700-estates-and-protected-individuals-code/mi-comp-laws-700-5311/

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