MENTAL HEALTH CODE
Act 258 of 1974
330.1602 Guardianship; use; design; limitation; partial guardianship.
Sec. 602.
(1) Guardianship for individuals with developmental disability shall be utilized only as is necessary to promote and protect the well-being of the individual, including protection from neglect, exploitation, and abuse; shall take into account the individual's abilities; shall be designed to encourage the development of maximum self-reliance and independence in the individual; and shall be ordered only to the extent necessitated by the individual's actual mental and adaptive limitations.
(2) If the court determines that some form of guardianship is necessary, partial guardianship is the preferred form of guardianship for an individual with a developmental disability.
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
5
cases (
2 in the last 5 years), 1995–2025 · leading case:
Brown v. Rudy, 922 N.W.2d 915 (Mich. Ct. App. 2018).
Brown v. Rudy, 922 N.W.2d 915 (Mich. Ct. App. 2018).
“…being exploited or manipulated. See In re Redd Guardianship , 321 Mich. App. 398 , 406-407, 909 N.W.2d 289 (2017) ; MCL 330.1602(1).”
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
· cites it 6× “[MCL 330.1602(1); MSA 14.800(602)(1).] To encourage the development of maximum self-reliance and independence in developmentally disabled citizens, partial guardianships are preferred.”
In Re Guardianship of Is (Mich. Ct. App. 2025).
· cites it 3× “However, the trial court solely cited Redd 1 Appellant cites In re Guardianship of Bazakis, 342 Mich App 144 , 162; 992 NW2d 673 (2022), vacated in part on other grounds 513 Mich 1006 (2024), for the proposition that MCL 330.1602, MCL 330.1618, and MCL 330.1628 were only…”
In Re Neal, 584 N.W.2d 654 (Mich. Ct. App. 1998).
“MCL 330.1602; MSA 14.800(602). To this end, the probate court must specifically define the powers and duties of the guardian.”
20240125_C367266_32_367266.Opn.Pdf (Mich. Ct. App. 2024).
“The court may appoint a partial guardian for an individual with a developmental disability who “lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself . . . .” MCL 330.”
— Mich. Comp. Laws § 330.1602(1) — 2 cases
Brown v. Rudy, 922 N.W.2d 915 (Mich. Ct. App. 2018).
“…being exploited or manipulated. See In re Redd Guardianship , 321 Mich. App. 398 , 406-407, 909 N.W.2d 289 (2017) ; MCL 330.1602(1).”
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
“[MCL 330.1602(1); MSA 14.800(602)(1).] To encourage the development of maximum self-reliance and independence in developmentally disabled citizens, partial guardianships are preferred.”
— Mich. Comp. Laws § 330.1602(2) — 3 cases
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
“[MCL 330.1602(1); MSA 14.800(602)(1).] To encourage the development of maximum self-reliance and independence in developmentally disabled citizens, partial guardianships are preferred.”
20240125_C367266_32_367266.Opn.Pdf (Mich. Ct. App. 2024).
“The court may appoint a partial guardian for an individual with a developmental disability who “lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself . . . .” MCL 330.”
In Re Guardianship of Is (Mich. Ct. App. 2025).
“However, the trial court solely cited Redd 1 Appellant cites In re Guardianship of Bazakis, 342 Mich App 144 , 162; 992 NW2d 673 (2022), vacated in part on other grounds 513 Mich 1006 (2024), for the proposition that MCL 330.1602, MCL 330.1618, and MCL 330.1628 were only…”
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