MENTAL HEALTH CODE
Act 258 of 1974
330.1600 Definitions.
Sec. 600.
As used in this chapter, unless the context requires otherwise:
(a) "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.
(ii) A child caring institution, a boarding school, a convalescent home, a nursing home or home for the aged, or a community residential program.
(b) "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.
(c) "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.
(d) "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.
(e) "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.
(f) "Respondent" means the individual who is the subject of a petition for guardianship filed under this chapter.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1993–2025 · leading case:
In Re Wirsing, 573 N.W.2d 51 (Mich. 1998).
In Re Wirsing, 573 N.W.2d 51 (Mich. 1998).
· cites it 3× “Wirsing as plenary guardian of her daughter, Lora Faye Wirsing, under the Mental Health Code, MCL 330.1600 et seq.; MSA 14.800(600) el seq.”
in Re guardianship/conservatorship of Harold William Gerstler, 922 N.W.2d 168 (Mich. Ct. App. 2018).
“MCL 330.1600. (2) The court shall only appoint a professional guardian or professional conservator as authorized under subsection (1) if the court finds on the record all of the following : (a) The appointment of the professional guardian or professional conservator is in the…”
In Re Geror, 779 N.W.2d 316 (Mich. Ct. App. 2009).
““[T]he Mental Health Code provides that, except in the case of minors, a guardian for a developmentally disabled person may be made pursuant only to chapter 6 of the Mental Health Code, [MCL 330.1600 et seq.].” In re Neal, 230 Mich App 723, 727 ; 584 NW2d 654 (1998), citing MCL…”
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
· cites it 10× “Wirsing, was appointed as her plenary guardian under the Mental Health Code, MCL 330.1600 et seq. ; MSA 14.800(600) et seq.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993).
· cites it 2× “MCL 330.1600(e); MSA 14.800(600)(e). A "plenary guardian” is "a guardian who possesses the legal rights and powers of a full guardian of the person, or of the estate, or both.”
In Re Neal, 584 N.W.2d 654 (Mich. Ct. App. 1998).
“Richard insists that he is, and continues to be, a person with a developmental disability; therefore, any guardianship proceedings should have been conducted according to chapter 6 of the Mental Health Code, MCL 330.1600 et seq.; MSA 14.800(600) et seq.”
in Re guardianship/conservatorship of Harold William Gerstler (Mich. Ct. App. 2018).
“MCL 330.1600. (2) The court shall only appoint a professional guardian or professional conservator as authorized under subsection (1) if the court finds on the record all of the following: (a) The appointment of the professional guardian or professional conservator is in the…”
In Re Guardianship of Ammb (Mich. Ct. App. 2024).
“MCL 330.1600 to 330.1644. The trial court properly considered the matter pursuant to MCL 330.”
20250123_C370552_28_370552.Opn.Pdf (Mich. Ct. App. 2025).
“The Mental Health Code, MCL 330.1600 et seq., provides that “[a]ny individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.”
— Mich. Comp. Laws § 330.1600(e) — 2 cases
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
“Wirsing, was appointed as her plenary guardian under the Mental Health Code, MCL 330.1600 et seq. ; MSA 14.800(600) et seq.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993).
“MCL 330.1600(e); MSA 14.800(600)(e). A "plenary guardian” is "a guardian who possesses the legal rights and powers of a full guardian of the person, or of the estate, or both.”
— Mich. Comp. Laws § 330.1600(i) — 2 cases
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
“Wirsing, was appointed as her plenary guardian under the Mental Health Code, MCL 330.1600 et seq. ; MSA 14.800(600) et seq.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993).
“MCL 330.1600(e); MSA 14.800(600)(e). A "plenary guardian” is "a guardian who possesses the legal rights and powers of a full guardian of the person, or of the estate, or both.”
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