Michigan Laws > Chapter 700 > Act 386 of 1998 > Article V – Protection of an Individual Under Disability and His or Her Property


Part 1	General Provisions
Part 2	Guardians of Minors
Part 3	Guardians of Incapacitated Individuals
Part 4	Protection of Property of an Individual Under Disability or of a Minor
Part 5	Durable Power of Attorney and Designation of Patient Advocate

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Terms Used In Michigan Laws > Chapter 700 > Act 386 of 1998 > Article V - Protection of an Individual Under Disability and His or Her Property

Accommodations: means the room or other space provided for sleeping, including furnishings and other accessories therein. See Michigan Laws 141.861
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administrative admission: means the admission of an individual with a developmental disability to a facility under section 509. See Michigan Laws 330.1500
Administrator: means the official designated by the county to collect the tax and to administer and enforce the ordinance. See Michigan Laws 141.861
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliate: means a person or group of persons that directly or indirectly through 1 or more intermediaries controls, is controlled by, or is under common control with another person and engaged in a business or transaction regulated by this act. See Michigan Laws 445.1651a
Agent: includes , but is not limited to, an attorney-in-fact under a durable or nondurable power of attorney and an individual authorized to make decisions as a patient advocate concerning another's health care. See Michigan Laws 700.1103
Alternative program of care and treatment: means an outpatient program of care and treatment suitable to the individual's needs under the supervision of a psychiatrist that is developed in accordance with person-centered planning under section 712. See Michigan Laws 330.1500
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Application: means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III. See Michigan Laws 700.1103
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Assessment: means the amount levied against an owner of a transient facility within an assessment district, computed by application of the applicable percentage against aggregate room charges with respect to that transient facility during the applicable assessment period. See Michigan Laws 141.872
Assessment: means the amount levied against an owner of a transient facility within an assessment district computed by application of the applicable percentage against aggregate room charges with respect to that transient facility during the applicable assessment period. See Michigan Laws 141.882
Assessment: means the amount levied against an owner under this act. See Michigan Laws 141.892
Assessment district: means a municipality or combination of municipalities as described in a marketing program. See Michigan Laws 141.872
Assessment district: means a county having a population of more than 1,500,000 and, if so designated by the bureau in the marketing program notice, any county or counties contiguous with it. See Michigan Laws 141.882
Assessment revenues: means the money derived from the assessment, including any interest and penalties on the assessment, imposed by this act. See Michigan Laws 141.872
Assessment revenues: means the money derived from the assessment, including any interest and penalties on the assessment, imposed by this act. See Michigan Laws 141.882
Assessment revenues: means the money collected by a regional marketing organization from the assessment, including any interest and penalties on the assessment, imposed under this act. See Michigan Laws 141.892
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attended terminal: means a terminal, other than a remote control terminal, where an individual knowledgeable in the aboveground liquid storage tank filling operation is physically in attendance and control during the entire delivery of a flammable liquid and has as his or her primary responsibility supervising the storage tank filling operation. See Michigan Laws 29.1
Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Beneficiary: includes , but is not limited to, the following:

(i) In relation to a trust, a person that is a trust beneficiary as defined in section 7103. See Michigan Laws 700.1103

Board: means the board of directors elected by the members of a bureau. See Michigan Laws 141.872

Board: means the board of directors of a bureau. See Michigan Laws 141.882

Board: means the board of directors elected by the members of a regional marketing organization. See Michigan Laws 141.892

Board: means the state fire safety board created in section 3b. See Michigan Laws 29.1

Building: means a structure, framework, or place for housing 1 or more persons or a tank, receptacle, or container for the storage of commodities or other materials. See Michigan Laws 29.1

Bureau: means a nonprofit corporation existing to promote convention business or tourism within this state or a portion of this state. See Michigan Laws 141.872

Bureau: means a nonprofit corporation incorporated under the laws of this state existing solely to promote convention business and tourism within this state or a portion of this state, and which complies with all of the following:

(i) Has not less than 400 dues paying members, of which not less than 50 are owners of transient facilities. See Michigan Laws 141.882

Bureau: means the bureau of fire services created in section 1b. See Michigan Laws 29.1

Care or care placement services: means the provision of care, treatment, education, training, instruction, supervision, or recreation to a child, an elderly individual, or an individual with a disability. See Michigan Laws 28.832

Chambers: A judge's office.

Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.

Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.

chief of an organized fire department: means the chief operating officer of an organized fire department. See Michigan Laws 29.1

Child: means an individual less than 14 years of age. See Michigan Laws 330.1260

Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103

Child: means an individual who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722. See Michigan Laws 28.832

Claim: includes , but is not limited to, in respect to a decedent's or protected individual's estate, a liability of the decedent or protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the decedent's death or after a conservator's appointment, including funeral and burial expenses and costs and expenses of administration. See Michigan Laws 700.1103

Clinical certificate: means the written conclusion and statements of a physician or a licensed psychologist that an individual is a person requiring treatment, together with the information and opinions, in reasonable detail, that underlie the conclusion, on the form prescribed by the department or on a substantially similar form. See Michigan Laws 330.1400

Combustible liquid: means a liquid with a flash point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit. See Michigan Laws 29.1

Commission: means the Michigan law enforcement officers memorial monument fund commission created in section 4. See Michigan Laws 28.782

Commission: means the school safety commission created in section 5. See Michigan Laws 28.803

Commissioner: means the commissioner of the office of financial and insurance regulation of the department of licensing and regulatory affairs or his or her authorized agent. See Michigan Laws 445.1651a

Competent clinical opinion: means the clinical judgment of a physician, psychiatrist, or licensed psychologist. See Michigan Laws 330.1400

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103

Construction loan: means a mortgage loan to construct a 1-to-4 family dwelling, that is approved and closed before completion of the construction of the improvement on the real property. See Michigan Laws 445.1651a

Continuance: Putting off of a hearing ot trial until a later time.

Contract: A legal written agreement that becomes binding when signed.

Convention and entertainment facilities: means all or any part, or any combination of convention halls, auditoriums, stadiums, music halls, arenas, meeting rooms, exhibit areas, and related public areas. See Michigan Laws 141.861

Conviction: A judgement of guilt against a criminal defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Court: means the probate court for the county in which an individual, for whom a request for substance use disorder treatment and rehabilitation services has been made or a petition for involuntary treatment has been filed, either resides or is found. See Michigan Laws 330.1260

Court: means the probate court or the court with responsibility with regard to mental health services for the county in which a minor who has requested hospitalization, for whom a request for hospitalization has been made, or who has been hospitalized pursuant to this chapter either resides or was found. See Michigan Laws 330.1498b

Court: means the probate court or the court with responsibility with regard to mental health services for the county of residence of an individual with developmental disability, or for the county in which the individual was found if a county of residence cannot be determined. See Michigan Laws 330.1600

Court: means the probate court or the court with responsibility with regard to mental health services for the county of residence of the subject of a petition, or for the county in which the subject of a petition was found. See Michigan Laws 330.1400

Court: means the probate court or the court with responsibility with regard to mental health matters for the county in which an individual with a developmental disability resides or was found. See Michigan Laws 330.1500

Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103

Covered individual: means an individual who meets any of the following requirements:

(i) Is employed by a qualified entity and has, seeks to have, or may have supervised or unsupervised access to a child, an elderly individual, or individual with a disability for whom the qualified entity provides care or care placement services. See Michigan Laws 28.832

Criminal history record information: means that term as defined in section 1a of 1925 PA 289, MCL 28. See Michigan Laws 28.832

Criteria for treatment: means the criteria specified in section 515 for admission of an adult with an intellectual disability to a facility, private facility, or alternative program of care and treatment under section 518. See Michigan Laws 330.1500

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Decedent: A deceased person.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the department of state police. See Michigan Laws 28.803

Department: means the department of state police. See Michigan Laws 28.832

Department: means the department of labor and economic growth. See Michigan Laws 29.1

Dependent: A person dependent for support upon another.

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Depository library: means a depository library designated under section 10 of the library of Michigan act, 1982 PA 540, MCL 397. See Michigan Laws 141.422d

Descendant: means , in relation to an individual, all of his or her descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this act. See Michigan Laws 700.1103

Devisee: means a person designated in a will to receive a devise. See Michigan Laws 700.1103

Director: means the president of the Michigan strategic fund or his or her designee. See Michigan Laws 141.872

Director: means the president of the Michigan strategic fund or his or her designee. See Michigan Laws 141.882

Director: means the president of the Michigan strategic fund or his or her designee. See Michigan Laws 141.892

Director: means the director of the department of labor and economic growth. See Michigan Laws 29.1

Disability: means cause for a protective order as described in section 5401. See Michigan Laws 700.1103

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Distributee: means a person that receives a decedent's property from the decedent's personal representative or trust property from the trustee other than as a creditor or purchaser. See Michigan Laws 700.1103

Distribution: means the amount of money a county receives under section 4 and 5. See Michigan Laws 141.472

Do-not-resuscitate order: means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333. See Michigan Laws 700.1103

Donee: The recipient of a gift.

Donor: The person who makes a gift.

Elderly individual: means an individual who is 65 years of age or older. See Michigan Laws 28.832

Elector: means an individual who has the qualifications of an elector under section 492 of the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 61.1a

Eligible entity: means a law enforcement agency or organized fire department that is prescribed auto-injectable epinephrine. See Michigan Laws 28.821

Employee: means an individual who meets both of the following:

(i) Has an employment relationship acknowledged by that individual and the licensee or registrant that engages that individual to originate mortgage loans. See Michigan Laws 445.1651a

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

Environmental law: means a federal, state, or local law, rule, regulation, or ordinance that relates to the protection of the environment or human health. See Michigan Laws 700.1104

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

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

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Ex officio: Literally, by virtue of one's office.

Facility: means all of the following that regularly admit individuals with developmental disability and provide residential and other services:

(i) A facility as defined in section 100b. See Michigan Laws 330.1600

Fiduciary: A trustee, executor, or administrator.

Fiduciary: includes , but is not limited to, a personal representative, funeral representative, guardian, conservator, trustee, plenary guardian, partial guardian, and successor fiduciary. See Michigan Laws 700.1104

Financial institution: means an organization authorized to do business under state or federal laws relating to a financial institution and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union, insurance company, and entity that offers mutual fund, securities brokerage, money market, or retail investment accounts. See Michigan Laws 700.1104

Fire alarm system: means an assemblage of components that indicates or provides a warning of a fire emergency, installation of which is required by the bureau under rules promulgated under section 3c. See Michigan Laws 29.1

Fire hazard: means a building, premises, place, or thing that, because of its nature, location, occupancy, condition, or use, may cause loss, damage, or injury to persons or property by fire, explosion, or action of the elements. See Michigan Laws 29.1

Fire suppression system: means an integrated combination of a fire alarm system and fire suppression equipment that, as a result of predetermined temperature, rate of temperature rise, products of combustion, flame, or human intervention, will discharge a fire extinguishing substance over a fire area, installation of which is required by the bureau under rules promulgated under section 3c. See Michigan Laws 29.1

Firefighter: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.821

Firefighter: means a member of an organized fire department, including a volunteer member or a member paid on call, who is responsible for, or is in a capacity that includes responsibility for, the extinguishment of fires, the directing of the extinguishment of fires, the prevention and detection of fires, and the enforcement of the general fire laws of this state. See Michigan Laws 29.1

Firm: means a sole proprietorship, partnership, association, or corporation. See Michigan Laws 29.1

Firm commitment: means an underwriting in which a broker-dealer commits to buy the mortgage loan or the entire issue of securities based upon or backed by 1 or more mortgage loans and assumes all financial responsibility for any unsold securities. See Michigan Laws 445.1651a

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Flammable liquid: means a liquid with a flash point below 100 degrees Fahrenheit and a vapor pressure that does not exceed 40 pounds per square inch absolute at 100 degrees Fahrenheit. See Michigan Laws 29.1

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Formal voluntary hospitalization: means hospitalization of an individual based on both of the following:

(i) The execution of an application for voluntary hospitalization by the individual or by a patient advocate designated under the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 330.1400

Fraud: Intentional deception resulting in injury to another.

Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}

Fund: means a budget stabilization fund. See Michigan Laws 141.441

Fund: means the health and safety fund created in section 3. See Michigan Laws 141.472

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

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

Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Hazardous material: means explosives, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, combustible liquid, oxidizing material, poisonous gas, poisonous liquid, irritating material, etiologic material, radioactive material, corrosive material, or liquefied petroleum gas. See Michigan Laws 29.1

Hazardous substance: means a substance defined as hazardous or toxic or otherwise regulated by an environmental law. See Michigan Laws 700.1104

Health professional: means an individual licensed or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 330.1260

Heir: means , except as controlled by section 2720, a person, including the surviving spouse or the state, that is entitled under the statutes of intestate succession to a decedent's property. See Michigan Laws 700.1104

Hospital: means a hospital licensed under part 215 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 330.1260

Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.

in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q

Incapacitated individual: means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. See Michigan Laws 700.1105

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Individual investor: means a person that resides in this state or has its principal place of business in this state. See Michigan Laws 445.1651a

Individual with a disability: means an individual with a mental or physical impairment who requires assistance to perform 1 or more daily living tasks. See Michigan Laws 28.832

inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Inter vivos: Transfer of property from one living person to another living person.

Interested person or entity: means an adult relative or friend of the respondent, an official or representative of a public or private agency, corporation, or association concerned with the individual's welfare, or any other person found suitable by the court. See Michigan Laws 330.1600

Intestate: Dying without leaving a will.

Involuntary mental health treatment: means court-ordered hospitalization, assisted outpatient treatment, or combined hospitalization and assisted outpatient treatment as described in section 468. See Michigan Laws 330.1400

Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.

Issue: means an individual's descendant. See Michigan Laws 700.1105

Jail facility: means a jail, holding cell, holding center, or lockup as those terms are defined in section 62 of Act No. See Michigan Laws 141.472

Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.

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.

Juror: A person who is on the jury.

Juvenile facility: means a county facility or an institution operated as an agency of the county or the juvenile division of the probate court for the housing or detention of juveniles. See Michigan Laws 141.472

Law enforcement agency: means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.821

Law enforcement officer: means that term as defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.782

Law enforcement officer: means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.821

Lawyer-guardian ad litem: means an attorney appointed under section 5213 or 5219 who has the powers and duties referenced by and provided in section 5213. See Michigan Laws 700.1105

Lease: includes , but is not limited to, an oil, gas, or other mineral lease. See Michigan Laws 700.1105

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legally incapacitated individual: means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual. See Michigan Laws 700.1105

Legislative body: means any of the following:

(a) The council, commission, or other entity vested with the legislative power of a village. See Michigan Laws 141.422d

Letters: includes , but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Michigan Laws 700.1105

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

License: means a license issued under this act. See Michigan Laws 445.1651a

Licensed loan officer: means a loan officer who is licensed as a mortgage loan originator under the mortgage loan originator licensing act. See Michigan Laws 445.1651a

Licensee: means a person licensed or required to be licensed under this act. See Michigan Laws 445.1651a

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Loan officer: means an individual who is an employee or agent of a mortgage broker, mortgage lender, or mortgage servicer; who originates mortgage loans; and who is not an employee or agent of a depository financial institution or a subsidiary or affiliate of a depository financial institution. See Michigan Laws 445.1651a

Local health department: means that term as defined in section 1105 of the public health code, Act No. See Michigan Laws 141.472

Majority leader: see Floor Leaders

Marketing program: means a program established by a bureau to develop, encourage, solicit, and promote convention business or tourism within this state or a portion of this state within which the bureau operates. See Michigan Laws 141.872

Marketing program: means a program established by a bureau to develop, encourage, solicit, and promote convention business and tourism within this state or a portion of this state within which the bureau operates. See Michigan Laws 141.882

Marketing program notice: means the notice described in section 3. See Michigan Laws 141.872

Marketing program notice: means the notice described in section 3. See Michigan Laws 141.882

Master plan: means the comprehensive, long-range master plan developed by the Michigan travel commission and the travel bureau under section 2c of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.872

Mental health professional: means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:

(i) A physician who is licensed to practice medicine or osteopathic medicine and surgery in this state under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106

Mental illness: means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. See Michigan Laws 330.1400

Michigan prudent investor rule: means the fiduciary investment and management rule prescribed by part 5 of this article. See Michigan Laws 700.1106

Minor: means an individual 14 or more years of age and less than 18 years of age. See Michigan Laws 330.1260

Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106

Minor requiring treatment: means either of the following:

(i) A minor with a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. See Michigan Laws 330.1498b

Minor ward: means a minor for whom a guardian is appointed solely because of minority. See Michigan Laws 700.1106

Minority leader: See Floor Leaders

Missing senior or vulnerable adult: means a resident of this state who is 1 of the following:

(i) At least 60 years of age and is believed to be incapable of returning to his or her residence without assistance and is reported missing by a person familiar with that individual. See Michigan Laws 28.712

Money: means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card. See Michigan Laws 700.1106

month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j

Monument fund: means the Michigan police officers memorial monument fund created in section 3. See Michigan Laws 28.782

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mortgage: means a conveyance, agreement, or arrangement in which property is encumbered or used as security. See Michigan Laws 700.1106

Mortgage lender: means a person that, directly or indirectly, makes or offers to make mortgage loans. See Michigan Laws 445.1651a

Mortgage loan: means a loan secured by a first mortgage on real property located in this state and used, or improved for use, as a dwelling and designed for occupancy by 4 or fewer families or a land contract covering real property located in this state used, or improved for use, as a dwelling and designed for occupancy by 4 or fewer families. See Michigan Laws 445.1651a

Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}

Mortgage servicer: means a person that, directly or indirectly, services or offers to service mortgage loans. See Michigan Laws 445.1651a

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

Municipality: means a county, city, village, or township. See Michigan Laws 141.441

Municipality: means a county with a population of less than 650,000 or a city, village, or township within a county with a population of less than 650,000. See Michigan Laws 141.872

Noncommercial transportation: means the occasional transportation of personal property by an individual not for compensation or in the furtherance of a commercial enterprise, and transportation not regulated under the motor carrier safety act of 1963, 1963 PA 181, MCL 480. See Michigan Laws 29.1

Nonopioid directive form: means that term as defined in section 9145 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106

Oath: A promise to tell the truth.

oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a

Organization: means a corporation, business trust, estate, trust, partnership, limited liability company, association, or joint venture; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity. See Michigan Laws 700.1106

Organized fire department: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.821

Organized fire department: means a department, authority, or other governmental entity that safeguards life and property from damage from explosion, fire, or disaster and that provides fire suppression and other related services in this state. See Michigan Laws 29.1

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means the owner of a transient facility to be served by the bureau or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.872

Owner: means the owner of a transient facility located within the assessment district or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.882

Owner: means the owner of a transient facility that is located within the regional assessment district or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.892

Owner: means a person with an ownership interest in property, and includes a trustee, a board of trustees of property, and a person with a freehold interest in property. See Michigan Laws 29.1

Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106

Partial guardian: means a guardian who possesses fewer than all of the legal rights and powers of a plenary guardian, and whose rights, powers, and duties have been specifically enumerated by court order. See Michigan Laws 330.1600

Partial guardian: means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 700.1106

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Patient advocate: means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506. See Michigan Laws 700.1106

Patient advocate designation: means the written document executed and with the effect as described in section 5506 to 5515. See Michigan Laws 700.1106

Person: means a natural person, partnership, fiduciary, association, corporation, or other entity. See Michigan Laws 141.861

Person: means an individual, partnership, corporation, or voluntary association. See Michigan Laws 29.1

Person: means an individual, corporation, limited liability company, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.1651a

Person: means an individual or an organization. See Michigan Laws 700.1106

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Person familiar with the missing senior or vulnerable adult: means a missing senior's or vulnerable adult's guardian, custodian, or guardian ad litem or an individual who provides the missing senior or vulnerable adult with home health aid services, possesses a health care power of attorney for the missing senior or vulnerable adult, has proof that the missing senior or vulnerable adult has a medical condition, or otherwise has information regarding the missing senior or vulnerable adult. See Michigan Laws 28.712

Person in loco parentis: means an individual who is not the parent or guardian of a child or minor but who has legal custody of the child or minor and is providing support and care for the child or minor. See Michigan Laws 330.1260

Person in loco parentis: means a person who is not the parent or guardian of a minor, but who has either legal custody of a minor or physical custody of a minor and is providing support and care for the minor. See Michigan Laws 330.1498c

person requiring treatment: means (a), (b), or (c):

(a) An individual who has mental illness, and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation. See Michigan Laws 330.1401

Personal property: All property that is not real property.

Personal representative: includes , but is not limited to, an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII, who performs substantially the same function under the law governing that person's status. See Michigan Laws 700.1106

Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106

Petitioner: means a person that institutes a proceeding under section 281a. See Michigan Laws 330.1260

Physician orders for scope of treatment form: means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106

Pipeline: means a pipeline that conveys a flammable liquid from a crude petroleum wellhead collection site to a refinery or terminal or from a refinery to a terminal. See Michigan Laws 29.1

Place of public assemblage: means a room or other space in a building if the room or other space can accommodate 50 or more individuals, including connected rooms and spaces that share a common means of entrance and egress. See Michigan Laws 29.1

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Plenary guardian: means a guardian who possesses the legal rights and powers of a full guardian of the person, or of the estate, or both. See Michigan Laws 330.1600

Plenary guardian: means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 700.1106

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Preadmission screening unit: means a service component of a community mental health services program established under section 409. See Michigan Laws 330.1400

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Premises: means a lot or parcel of land, exclusive of buildings, and includes a parking lot, tourist camp, trailer camp, airport, stockyard, junkyard, wharf, pier, and any other place or enclosure. See Michigan Laws 29.1

President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Private facility: means an adult foster care facility operated under contract with a community mental health services program or on a private pay basis that agrees to do both of the following:

(i) Accept the admission of an individual with developmental disability. See Michigan Laws 330.1500

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106

Professional conservator: means a person that provides conservatorship services for a fee. See Michigan Laws 700.1106

Professional guardian: means a person that provides guardianship services for a fee. See Michigan Laws 700.1106

Program: means a hospital, clinic, organization, or health professional licensed under part 62 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 330.1260

Program: means the volunteer employee criminal history system program created in section 3. See Michigan Laws 28.832

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

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Protected individual: means a minor or other individual for whom a conservator has been appointed or other protective order has been made as provided in part 4 of article V. See Michigan Laws 700.1106

Protective proceeding: means a proceeding under the provisions of part 4 of article V. See Michigan Laws 700.1106

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Qualified entity: means a business or organization, whether public, private, operated for profit, or operated not for profit that provides care or care placement services. See Michigan Laws 28.832

Quorum: means , except as otherwise defined, 1 of the following:

(i) Three council members, if the village has adopted an ordinance reducing the number of trustees under chapter II. See Michigan Laws 61.1a

Quorum: The number of legislators that must be present to do business.

Rap back program: means a state or federal record of arrest and prosecution background program that enables qualified entities to receive ongoing status notifications of any criminal history reported on covered individuals whose fingerprints are registered in the system thereby eliminating the need for repeated background checks on covered individuals by qualified entities. See Michigan Laws 28.832

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recess: A temporary interruption of the legislative business.

Regional assessment district: means a region of this state composed of a number of counties in which a regional marketing organization operates. See Michigan Laws 141.892

Regional marketing organization: means a nonprofit corporation that promotes tourism within a region of this state. See Michigan Laws 141.892

Registrant: means a person that is registered under section 6 or required to register under section 6. See Michigan Laws 445.1651a

Release: means the transfer of an individual who is subject to an order of combined hospitalization and assisted outpatient treatment from 1 treatment program to another in accordance with his or her individual plan of services. See Michigan Laws 330.1400

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remote control terminal: means a terminal where filling an aboveground liquid storage tank with a flammable liquid is controlled at a remote location by the individual who conveyed the flammable liquid to the terminal. See Michigan Laws 29.1

Respondent: means an individual alleged in a petition filed under section 281a to be an individual who has a substance use disorder and who may be ordered under section 281b or 281c to undergo involuntary treatment. See Michigan Laws 330.1260

Respondent: means the individual who is the subject of a petition for guardianship filed under this chapter. See Michigan Laws 330.1600

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Revenue: means an addition to the assets of a fund that does not increase a liability, does not represent the recovery of an expenditure, does not represent the cancellation of a liability without a corresponding increase in any other liability or a decrease in assets, and does not represent a contribution of fund capital in enterprise or in internal service funds. See Michigan Laws 141.422d

Revenues: means the income derived from the tax, plus interest and penalties imposed by this act, levied and assessed under an ordinance adopted pursuant to this act. See Michigan Laws 141.861

Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).

Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.

Room: means a room or other space provided for sleeping that can be rented independently, including the furnishings and other accessories in the room. See Michigan Laws 141.872

Room: means a room or other space provided for sleeping, including the furnishings and other accessories in the room. See Michigan Laws 141.882

Room: means a room or other space provided for sleeping that can be rented independently, including the furnishings and other accessories in the room. See Michigan Laws 141.892

Room charge: means the charge imposed for the use or occupancy of a room, excluding charges for food, beverages, state use tax, telephone service, or like services paid in connection with the charge, and excluding reimbursement of the assessment imposed by this act. See Michigan Laws 141.872

Room charge: means the charge imposed for the use or occupancy of a room, excluding charges for food, beverages, state use tax, telephone service or like services paid in connection with the charge, and reimbursement of the assessment imposed by this act. See Michigan Laws 141.882

Room charge: means the charge imposed for the use or occupancy of a room, excluding charges for food, beverages, state use tax, telephone service, or like services paid in connection with the room charge, and reimbursement of the assessment as allowed in section 6. See Michigan Laws 141.892

School: means a public school, nonpublic school, or public school academy as those terms are defined in section 5 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 28.803

Security: includes , but is not limited to, a note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or interest in a regulated investment company or other entity generally referred to as a mutual fund or, in general, an interest or instrument commonly known as a security, or a certificate of interest or participation for, a temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the items listed in this subdivision. See Michigan Laws 700.1107

Service: means the collection or remittance, or the right or obligation to collect or remit, for a lender, noteowner, noteholder, mortgage servicer, or the licensee's or registrant's own account of 4 or more installment payments of the principal, interest, or an amount placed in escrow under a mortgage loan, mortgage servicing agreement, or an agreement with the mortgagor. See Michigan Laws 445.1651a

Service of process: The service of writs or summonses to the appropriate party.

shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c

state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o

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

State fire marshal: means the individual appointed by the director under section 1b. See Michigan Laws 29.1

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Subject of a petition: means an individual regarding whom a petition has been filed with the court asserting that the individual is or is not a person requiring treatment or for whom an objection to involuntary mental health treatment has been made under section 484. See Michigan Laws 330.1400

Subpoena: A command to a witness to appear and give testimony.

Successor: means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act. See Michigan Laws 700.1107

Suitable for hospitalization: means a determination concerning a minor that all of the following criteria are met:

(i) The minor is a minor requiring treatment. See Michigan Laws 330.1498c

Summons: Another word for subpoena used by the criminal justice system.

Surplus: means an excess of the assets of a fund over its liabilities and reserves. See Michigan Laws 141.422d

Survivor: means any of the following:

(i) A spouse of a law enforcement officer killed on duty. See Michigan Laws 28.782

Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.

Terminal: means a location where an aboveground liquid storage tank containing a flammable liquid is located. See Michigan Laws 29.1

Testate: To die leaving a will.

Testator: A male person who leaves a will at death.

Testator: includes an individual of either gender. See Michigan Laws 700.1107

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Tourism marketing program: means a program established by a regional marketing organization to develop, encourage, solicit, and promote tourism within a region of this state. See Michigan Laws 141.892

Tourism marketing program notice: means the notice described in section 3. See Michigan Laws 141.892

Transient facility: means a building or combination of buildings under common ownership, operation, or management that contains 10 or more rooms used in the business of providing dwelling, lodging, or sleeping to transient guests, whether or not membership is required for the use of the rooms. See Michigan Laws 141.872

Transient facility: means a building which contains 35 or more rooms used in the business of providing dwelling, lodging, or sleeping to transient guests, whether or not membership is required for the use of the rooms. See Michigan Laws 141.882

Transient guest: means a natural person who occupies a room in a transient facility for less than 30 consecutive days regardless of who pays the room charge. See Michigan Laws 141.872

Transient guest: means a natural person who occupies a room in a transient facility for less than 30 consecutive days regardless of who pays the room charge. See Michigan Laws 141.882

Transient guest: means a natural person who occupies a room in a transient facility for less than 30 consecutive days regardless of who pays the room charge. See Michigan Laws 141.892

Travel bureau: means the Michigan travel bureau created under section 2a of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.872

Travel bureau: means the Michigan travel bureau created under section 2a of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.882

Travel bureau: means the Michigan travel bureau created under section 2a of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.892

Treatment: means admission into an appropriate treatment facility or an outpatient program of care and treatment suitable to the individual's needs under the supervision of a psychiatrist that is developed in accordance with person-centered planning under section 712. See Michigan Laws 330.1500

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107

Trustee: A person or institution holding and administering property in trust.

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Vehicle: means a tank vehicle or bulk transportation vehicle, excluding the tractor of a tank vehicle or bulk transportation vehicle. See Michigan Laws 29.1

Venue: The geographical location in which a case is tried.

Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108

Writ: A formal written command, issued from the court, requiring the performance of a specific act.