MI Rules MCR 5.402
 
Michigan Compiled Laws Annotated Currentness
Michigan Court Rules of 1985
Chapter 5. Probate Court (Refs & Annos)
Subchapter 5.400. Guardianship, Conservatorship and Protective Order Proceedings
RULE 5.402 COMMON PROVISIONS

(A) Petition; Multiple Prayers.A petition for the appointment of a guardian or a conservator or for a protective order may contain multiple prayers for relief.

(B) Petition by Minor.A petition and a nomination for the appointment of a guardian or conservator of a minor may be executed and made by a minor 14 years of age or older.

(C) Responsibility for Giving Notice; Manner of Service.The petitioner is responsible for giving notice of hearing. Regardless of statutory provisions, an interested person may be served by mail, by personal service, or by publication when necessary; however, if the person who is the subject of the petition is 14 years of age or older, notice of the initial hearing must be served on the person personally unless another method of service is specifically permitted in the circumstances.

(D) Letters of Authority.On the filing of the acceptance of appointment or bond required by the order appointing a fiduciary, the court shall issue letters of authority on a form approved by the state court administrator. Any restriction or limitation of the powers of a guardian or conservator must be set forth in the letters of authority.

(E) Indian Child; Definitions, Jurisdiction, Notice, Transfer, Intervention.

(1) If an Indian child, as defined by the Indian Child Welfare Act, 25 USC 1903, is the subject of a guardianship proceeding under the Estates and Protected Individuals Code, the definitions in MCR 3.002 shall control. This does not include guardianships established under the Juvenile Code and MCR 3.979.

(2) If an Indian child is the subject of a petition to establish guardianship of a minor and an Indian tribe has exclusive jurisdiction as defined in MCR 3.002(2), the matter shall be dismissed.

(3) If an Indian child is the subject of a petition to establish guardianship of a minor and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(2), the court shall ensure that the petitioner has given notice of the proceedings to the persons prescribed in MCR 5.125(A)(8) and (C) in accordance with MCR 5.109.

(a) If either parent or the Indian custodian or the Indian child's tribe petitions the court to transfer the proceeding to the tribal court, the court shall transfer the case to the tribal court unless either parent objects to the transfer of the case to tribal court jurisdiction or the court finds good cause not to transfer. In determining whether good cause not to transfer exists, the court shall consider the Bureau of Indian Affairs, Guidelines for State Courts; Indian Child Custody Proceedings, 44 Fed Reg No 228, 67590-67592, C.2-C.4. A perceived inadequacy of the tribal court or tribal services does not constitute good cause to refuse to transfer the case.

(b) The court shall not dismiss the matter until the transfer has been accepted by the tribal court.

(c) If the tribal court declines transfer, the Indian Child Welfare Act applies, as do the provisions of these rules that pertain to an Indian child (see 25 USC 1902, 1911[b]).

(d) A petition to transfer may be made at any time in accordance with 25 USC 1911(b).

(4) The Indian custodian of the child and the Indian child's tribe have a right to intervene at any point in the proceeding pursuant to 25 USC 1911(c).

CREDIT(S)

[Adopted July 12, 2001, effective January 1, 2002, 464 Mich.; Amended February 2, 2010, effective May, 1, 2010, 485 Mich.]

Current with amendments received through January 1, 2011.


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