Bill Text: MI SB0926 | 2015-2016 | 98th Legislature | Engrossed

---

Bill Title: Probate; powers of attorney; use of parental power of attorney to permanently transfer custody of a child; prohibit. Amends sec. 5103 of 1998 PA 386 (MCL 700.5103). TIE BAR WITH: SB 0923'16

Spectrum: Moderate Partisan Bill (Republican 19-3)

Status: (Engrossed - Dead) 2016-11-09 - Referred To Committee On Judiciary [SB0926 Detail]

Download: Michigan-2015-SB0926-Engrossed.html

---

SB-0926, As Passed Senate, October 20, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 926

 

 

April 28, 2016, Introduced by Senator JONES and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5103. (1) By a properly executed power of attorney, a

 

parent or guardian of a minor or a guardian of a legally

 

incapacitated individual may delegate to another person, for a

 

period not exceeding 6 months, 180 days, any of the parent's or

 

guardian's powers regarding care, custody, or property of the minor

 

child or ward, except the power to consent to marriage or adoption

 

of a minor ward or to release of a minor ward for adoption.

 

     (2) A parent shall not knowingly and intentionally delegate

 

his or her powers under this section regarding care and custody of

 

the parent's minor child for longer than 180 days for the purpose

 

of permanently transferring custody of the child in violation of

 

section 136c(3) of the Michigan penal code, 1931 PA 328, MCL

 

750.136c.

 

     (3) (2) If a parent or guardian is serving in the armed forces

 

of the United States and is deployed to a foreign nation, and if

 

the power of attorney so provides, a delegation under this section

 

is effective until the thirty-first day after the end of the

 

deployment.

 

     (4) (3) If a guardian for a minor or legally incapacitated

 

individual delegates any power under this section, the guardian

 

shall notify the court within 7 days after execution of the power

 

of attorney and provide the court the name, address, and telephone

 

number of the attorney-in-fact.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 923.                                      

 

          of the 98th Legislature is enacted into law.