Mich. Admin. Code R. 330.6019 - Facility or program rule in guardianship proceedings
Rule 6019.
( 1)
When guardianship is deemed necessary, a facility or program director shall
endeavor to cause the petitioner to be an appropriate family member, friend, or
public or private agency or association, other than an agency or association
directly providing services to the person. The person may also be the
petitioner.
( 2) When the facility
or program director or an authorized staff member petitions for appointment of
a guardian, the petition shall not request, and a report provided by a
department facility or a county program shall not recommend a greater scope or
duration of guardianship powers and duties than is absolutely necessary to meet
the needs presented by the person's actual mental and adaptive limitations and
for which an informed consent board evaluated the ability of the person to
consent or for which a minor approaching the age of 18 has been evaluated by an
informed consent board as needing protective services of a guardian.
( 3) A guardianship request shall be designed
to encourage development of maximum self-reliance and independence in the
person.
( 4) If a petition
previously filed on behalf of a facility or program resulted in appointment of
a plenary guardian of the estate or a partial guardian or a refusal by a court
to appoint any guardian, a facility or program director shall not authorize a
subsequent petition unless there has been a significant deterioration in the
persons condition or other compelling change in circumstances. This requirement
does not prevent action for emergency guardianship.
( 5) Only when it is necessary for a court to
summarily appoint a temporary guardian and then only when another person,
agency, or association is not available to serve as guardian, shall a facility
or program providing services to a person offer to serve as guardian.
( 6) When a facility or program petitions for
appointment of a guardian, a facility or program director shall cause, wherever
possible, that an appropriate family member, friend, or public or private
agency or association be considered by the probate court for appointment as
guardian.
( 7) Only on the request
of a probate court and after all other possibilities have been exhausted may a
department facility agree, on behalf of the department, to serve as a plenary
or partial guardian.
( 8) The
department shall decline to serve as guardian for a person not receiving
services from a department facility.
(
9) A county community mental health program may accept an
appointment as guardian for a person receiving services in a department
facility, pursuant to these rules.
(
10) Staff members of the department and of a community mental
health program shall not personally act as guardians.
( 11) Each facility director and community
mental health director shall establish relationships with local associations
for developmentally and/or intellectually disabled citizens and other
appropriate public or private agencies or associations which can conduct an
active guardianship program for a developmentally and/or intellectually
disabled person to assist in obtaining individual or group guardians in cases
where a family member or friends are not available.
( 12) When a department facility or county
community program staff member petitions for appointment of a guardian, on
behalf of the facility or program, a facility shall provide, and a program
shall provide or contract for, a report required by law. This report shall
contain all of the following:
(a) Evaluations
of the persons mental, physical, social, and educational condition made not
more than the 30 days prior to filing a petition.
(b) A recommendation proposing the type and
scope of guardianship services needed.
(c) A judgment as to the most appropriate
living arrangement.
(d) Signatures
of all persons,
1 of whom shall
be a physician or a psychologist, who performed evaluations upon which the
report is based. Any number of evaluations by persons not on the staff of the
facility or program may be utilized.
( 13) If suitable, a facility
may use a report of an informed consent board as part of a required
report.
( 14) When facility or
program staff petition for appointment of a guardian, a petition shall be filed
in the probate court for the county of residence or county in which a
developmentally and/or intellectually disabled person was found as determined
by any of the following factors:
(a) The
county from which a person was admitted on the basis of a judicial admission or
ordered to undergo a program of alternative care and treatment.
(b) The county from which a person was
referred to a facility or program by a county community mental health program
or other public or private agency.
(c) The county in which a person resides, if
a parent has agreed to an appointment as guardian.
(d) The county in which a person owns real
estate suitable for residential use.
(e) The county with which a person has
substantial service contacts as evidenced by such factors as recent or current
enrollment in a public education system, recent or current employment, current
voter or automobile registration, valid drivers license, bank accounts, or
ownership of substantial tangible personal property.
(f) A person's present residence if he or she
resides outside a facility.
(
15) If the county of residence or the county in which a person was
found cannot be determined, a petition may be filed by facility or program
staff in the probate court for the county in which the facility is located. If
both the county of residence or in which the person was found are outside the
facilitys or program's service area, a petition may be filed in the probate
court for the county in which the facility or program is located with the
permission of the probate court.
(
16) Whenever a facility or program staff petitions for appointment
of a guardian and there has previously been a guardian appointed for a person,
the petition shall, where possible, be filed in the same probate court which
previously appointed a guardian for the person, and in all cases the court
shall be alerted by the petitioner to previous current or expired guardianship
of which the petitioner has notice.
(
17) Whenever the department is appointed guardian, a facility
shall request that the court order that the report to the court be at intervals
which coincide with periodic reviews scheduled for the resident.
( 18) The guardians report to a court shall
contain statements indicating all the following:
(a) The persons current mental, physical,
social, and educational condition.
(b) The person's present living
arrangement.
(c) The need for
continued guardianship services.
(d) Other information requested by the court
or necessary in the opinion of a guardian.
Notes
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