Mich. Admin. Code R. 330.6019

Current through Vol. 24-19, November 1, 2024

Section 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.

Mich. Admin. Code R. 330.6019

1979 AC; 2018 MR 16, Eff. 9/6/2018