Michigan Laws 700.5402a – Appointment of conservator or issuance of protection order; conditions; connection of individual to state; factors
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Terms Used In Michigan Laws 700.5402a
- Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. 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 conservator or the issuance of a protective order in relation to an individual’s estate and affairs under this part if any of the following apply:
(a) The individual for whom a conservator or protective order is sought resides in this state.
(b) The individual for whom a conservator or protective order is sought is present in this state and has a significant connection to this state.
(2) In determining if the individual for whom a conservator or protective order 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.