Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1454 (2026)

Legal counsel; appointment; waiver; preferred counsel; compensation; system for providing representation; consultation with subject of petition before court hearing; certificate.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1454 Legal counsel; appointment; waiver; preferred counsel; compensation; system for providing representation; consultation with subject of petition before court hearing; certificate.

Sec. 454.

    (1) Every individual who is the subject of a petition is entitled to be represented by legal counsel.

    (2) Unless an appearance has been entered on behalf of the subject of a petition, the court shall, within 48 hours after its receipt of any petition together with the other documents required by section 452, appoint counsel to represent the subject of the petition, except that if an individual has been hospitalized, counsel shall be appointed within 24 hours after the hospitalization.

    (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.

    (4) If the subject of a petition prefers counsel other than the initially appointed counsel, the preferred counsel agrees to accept the appointment, and the court is notified of the preference by the subject of the petition or the preferred counsel, the court shall replace the initially appointed counsel with the preferred counsel.

    (5) If the subject of a petition is indigent, the court shall compensate appointed counsel from court funds in an amount that is reasonable and based upon time and expenses.

    (6) The supreme court may, by court rule, establish the compensation to be paid for counsel of indigents and may require that counsel be appointed from a system or organization established for the purpose of providing representation in proceedings governed by this chapter.

    (7) Legal counsel shall consult in person with the subject of a petition at least 24 hours before the time set for a court hearing.

    (8) Legal counsel for the subject of a petition under section 452(1)(a) who is hospitalized pending the court hearing shall consult in person with the individual for the first time not more than 72 hours after the petition and 2 clinical certificates have been filed with the court.

    (9) After the consultation required in subsection (7) or (8), counsel promptly shall file with the court a certificate stating that he or she personally has seen and has consulted with the subject of a petition as required by this section.

History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 178, Imd. Eff. June 14, 1982 ;-- Am. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017

Notes of Decisions
Cited in 10 cases (9 in the last 5 years), 2018–2026 · leading case: United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018).
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United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018). “LAWS § 330.1454. Section 1458, in turn, provides that an individual may demand that a jury decide whether the individual requires treatment, or is legally incompetent.”
In Re Bsp (Mich. Ct. App. 2025). · cites it 9× “MCL 330.1454 provides, in relevant part: (7) Legal counsel shall consult in person with the subject of a petition at least 24 hours before the time set for a court hearing.”
In Re Chadd Londowski (Mich. Ct. App. 2022). · cites it 7× “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
In Re Chadd Londowski (Mich. Ct. App. 2022). · cites it 7× “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
In Re Tnt (Mich. Ct. App. 2024). · cites it 6× “4 Second, respondent argues that, although his attorney complied with the requirements of MCL 330.1454, respondent’s son testified that respondent did not have a clear memory of meeting with his attorney and, did not have his documents that respondent kept at home; therefore,…”
In Re Mm (Mich. Ct. App. 2025). · cites it 6× “BACKGROUND AND FACTS On or about February 1, 2025, respondent arrived at the emergency department of Trinity Health hospital in Ann Arbor, complaining of a headache that she reported was caused by a microchip implanted by Bill Gates.”
In Re Ecd (Mich. Ct. App. 2025). · cites it 4× “” Londowski, 340 Mich App at 504; see also MCL 330.1454(1) (stating that that “[e]very individual who is the subject of a petition is entitled to be represented by legal counsel”).”
In Re Rp (Mich. Ct. App. 2024). · cites it 3× “” In re Londowski, 340 Mich App 495 , 504; 986 NW2d 659 (2022); see also MCL 330.1454(1) (every “individual who is the subject of a petition is entitled to be represented by counsel.”
In Re Mt (Mich. Ct. App. 2023). · cites it 2× “MCL 330.1454 states, in relevant part: (8) Legal counsel for the subject of a petition under section 452(1)(A) who is hospitalized pending the court hearing shall consult in person with the individual for the first time not more than 72 hours after the petition and 2 clinical…”
In Re Teb (Mich. Ct. App. 2026). · cites it 2× “Respondent further asserts that trial counsel rendered ineffective assistance by failing to consult in person with respondent at least 24 hours prior to the hearing on the petition for continuing mental-health treatment, as required by MCL 330.1454(7). The statutory scheme…”
— Mich. Comp. Laws § 330.1454(1) — 6 cases
In Re Chadd Londowski (Mich. Ct. App. 2022). “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
In Re Chadd Londowski (Mich. Ct. App. 2022). “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
In Re Rp (Mich. Ct. App. 2024). “” In re Londowski, 340 Mich App 495 , 504; 986 NW2d 659 (2022); see also MCL 330.1454(1) (every “individual who is the subject of a petition is entitled to be represented by counsel.”
In Re Tnt (Mich. Ct. App. 2024). “4 Second, respondent argues that, although his attorney complied with the requirements of MCL 330.1454, respondent’s son testified that respondent did not have a clear memory of meeting with his attorney and, did not have his documents that respondent kept at home; therefore,…”
In Re Ecd (Mich. Ct. App. 2025). “” Londowski, 340 Mich App at 504; see also MCL 330.1454(1) (stating that that “[e]very individual who is the subject of a petition is entitled to be represented by legal counsel”).”
— Mich. Comp. Laws § 330.1454(2) — 2 cases
In Re Chadd Londowski (Mich. Ct. App. 2022). “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
In Re Chadd Londowski (Mich. Ct. App. 2022). “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
— Mich. Comp. Laws § 330.1454(3) — 1 case
In Re Ecd (Mich. Ct. App. 2025). “” Londowski, 340 Mich App at 504; see also MCL 330.1454(1) (stating that that “[e]very individual who is the subject of a petition is entitled to be represented by legal counsel”).”
— Mich. Comp. Laws § 330.1454(4) — 1 case
In Re Rp (Mich. Ct. App. 2024). “” In re Londowski, 340 Mich App 495 , 504; 986 NW2d 659 (2022); see also MCL 330.1454(1) (every “individual who is the subject of a petition is entitled to be represented by counsel.”
— Mich. Comp. Laws § 330.1454(7) — 5 cases
In Re Bsp (Mich. Ct. App. 2025). “MCL 330.1454 provides, in relevant part: (7) Legal counsel shall consult in person with the subject of a petition at least 24 hours before the time set for a court hearing.”
In Re Chadd Londowski (Mich. Ct. App. 2022). “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
In Re Chadd Londowski (Mich. Ct. App. 2022). “Additionally, MCL 330.1454 provides in relevant part: (3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.”
In Re Tnt (Mich. Ct. App. 2024). “4 Second, respondent argues that, although his attorney complied with the requirements of MCL 330.1454, respondent’s son testified that respondent did not have a clear memory of meeting with his attorney and, did not have his documents that respondent kept at home; therefore,…”
In Re Teb (Mich. Ct. App. 2026). “Respondent further asserts that trial counsel rendered ineffective assistance by failing to consult in person with respondent at least 24 hours prior to the hearing on the petition for continuing mental-health treatment, as required by MCL 330.1454(7). The statutory scheme…”
— Mich. Comp. Laws § 330.1454(8) — 2 cases
In Re Bsp (Mich. Ct. App. 2025). “MCL 330.1454 provides, in relevant part: (7) Legal counsel shall consult in person with the subject of a petition at least 24 hours before the time set for a court hearing.”
In Re Tnt (Mich. Ct. App. 2024). “4 Second, respondent argues that, although his attorney complied with the requirements of MCL 330.1454, respondent’s son testified that respondent did not have a clear memory of meeting with his attorney and, did not have his documents that respondent kept at home; therefore,…”
— Mich. Comp. Laws § 330.1454(9) — 3 cases
In Re Bsp (Mich. Ct. App. 2025). “MCL 330.1454 provides, in relevant part: (7) Legal counsel shall consult in person with the subject of a petition at least 24 hours before the time set for a court hearing.”
In Re Mt (Mich. Ct. App. 2023). “MCL 330.1454 states, in relevant part: (8) Legal counsel for the subject of a petition under section 452(1)(A) who is hospitalized pending the court hearing shall consult in person with the individual for the first time not more than 72 hours after the petition and 2 clinical…”
In Re Teb (Mich. Ct. App. 2026). “Respondent further asserts that trial counsel rendered ineffective assistance by failing to consult in person with respondent at least 24 hours prior to the hearing on the petition for continuing mental-health treatment, as required by MCL 330.1454(7). The statutory scheme…”
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