Michigan Compiled Laws
Mich. Comp. Laws § 330.1604 (2026)
Jurisdiction; provisions applicable to appointment of guardian.
✓ current as of July 2026
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MENTAL HEALTH CODE
Act 258 of 1974
330.1604 Jurisdiction; provisions applicable to appointment of guardian.
Sec. 604.
(1) The court has jurisdiction over guardianship proceedings for developmentally disabled persons.
(2) An appointment of a guardian for a developmentally disabled person shall be made only under this chapter, except that a guardian may be appointed for a minor where appropriate under sections 5201 to 5219 of the estates and protected individuals code, 1998 PA 386, MCL 700.5201 to 700.5219.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 2000, Act 57, Eff. Apr. 1, 2000
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1995–2025 · leading case: In Re Geror, 779 N.W.2d 316 (Mich. Ct. App. 2009).
In Re Geror, 779 N.W.2d 316 (Mich. Ct. App. 2009). “” In re Neal, 230 Mich App 723, 727 ; 584 NW2d 654 (1998), citing MCL 330.1604(2). Respondent argues that MCL 330.”
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995). “These powers of the probate court are specifically provided by law. Under Const 1963, art 6, § 15, the probate court's jurisdiction, powers, and duties are confined to those provided by law.”
In Re Neal, 584 N.W.2d 654 (Mich. Ct. App. 1998). “MCL 330.1604(2); MSA 14.800(604)(2). Accordingly, if Richard was a developmentally disabled person at the time of the guardianship proceedings, then only chapter 6 of the Mental Health Code could be used to appoint a guardian for him, regardless of whether Richard also satisfied…”
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 .”
In Re Guardianship of Is (Mich. Ct. App. 2025). “See also MCL 330.1604(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.”
— Mich. Comp. Laws § 330.1604(1) — 1 case
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995). “These powers of the probate court are specifically provided by law. Under Const 1963, art 6, § 15, the probate court's jurisdiction, powers, and duties are confined to those provided by law.”
— Mich. Comp. Laws § 330.1604(2) — 4 cases
In Re Geror, 779 N.W.2d 316 (Mich. Ct. App. 2009). “” In re Neal, 230 Mich App 723, 727 ; 584 NW2d 654 (1998), citing MCL 330.1604(2). Respondent argues that MCL 330.”
In Re Neal, 584 N.W.2d 654 (Mich. Ct. App. 1998). “MCL 330.1604(2); MSA 14.800(604)(2). Accordingly, if Richard was a developmentally disabled person at the time of the guardianship proceedings, then only chapter 6 of the Mental Health Code could be used to appoint a guardian for him, regardless of whether Richard also satisfied…”
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 .”
In Re Guardianship of Is (Mich. Ct. App. 2025). “See also MCL 330.1604(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.”
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