Michigan Laws 700.5301b – Appointment of guardian; jurisdiction of court; conditions; connection to state; factors
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Terms Used In Michigan Laws 700.5301b
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107
(1) The court has jurisdiction over the appointment of a guardian under this part if any of the following apply:
(a) The individual for whom a guardian is sought resides in this state.
(b) The individual for whom a guardian is sought is present in this state and has a significant connection to this state.
(2) In determining if the individual for whom a guardian is sought has a significant connection to this state under subsection (1)(b), the court shall consider all of the following factors:
(a) The wishes of the individual.
(b) The location of the individual’s family and other interested persons.
(c) The length and time the individual was present in this state and the duration of any absence.
(d) The location of the individual’s property.
(e) The extent to which the individual has ties to this state, such as voting registration, state tax return filing, vehicle registration, driver license, social relationship, and receipt of services.
(f) Any other factor the court considers relevant.