Mich. Admin. Code R. 330.6011 - Determination of need for guardianship proceedings

Rule 6011.

(1) The facility or program director shall presume a person of the age of 18 or over legally competent to make an application or give a consent, or to refuse to do so, except that:

(a) This presumption shall be conclusively rebutted when a plenary guardian of the person, or of the estate and of the person, or a partial guardian has been appointed for a person and a duration of the term of guardianship indicated in the court order has not expired.

(b) When a partial guardian has been appointed, a person shall be presumed legally competent except for:

(i) Areas designated as legal disabilities in the court order appointing a partial guardian.

(ii) Powers or duties granted to the guardian as specified in the court order appointing a partial guardian.

(2) The manner of determining need for guardianship proceedings required by these rules shall be part of the procedure followed by facilities in conducting evaluations of minor residents 6 months prior to an eighteenth birthday to determine whether a resident is competent to execute an application for administrative admission or otherwise requires the protective services of a guardian. An evaluation of need for other protective services of a guardian shall be made even if a decision has been made to discharge a resident by his eighteenth birthday.

(3) A staff member responsible for taking action concerning a person or for arranging for a person of the age of 18 or over to make application or give consent may decline to do so on the ground that the person is not capable of giving or refusing to give an informed consent in 1 or more of the following areas:

(a) Admission to a facility or participation in a program.

(b) Nonemergency surgery or other medical procedures not related to care and treatment for a person's mental condition.

(c) Nonemergency use of electro-convulsive therapy or other procedure intended to produce convulsion or coma for a resident or psychosurgery or other treatment of an experimental or extra hazardous nature for a voluntary resident.

(d) Consent to chemotherapy prior to final adjudication of a petition for involuntary admission.

(e) Financial matters, including payment for services and securing insurance and governmental benefits.

(f) Fingerprinting or photographing of a recipient.

(g) Disclosure of confidential information which requires consent.

(h) Resident labor or other employment which requires consent.

(i) Abortion procedures, surgical sterilization, and chemical or mechanical contraceptive measures.

(j) Other developments relating to a person's residence in a facility or participation in a mental health services program, other than care and treatment, training programs or services ordered by a probate court.

(4) A staff member declining to take action or make arrangements shall give to the facility or program director, in writing, reasons for a conclusion that a person is not capable of giving or refusing to give an informed consent.

Notes

Mich. Admin. Code R. 330.6011

1979 AC