MENTAL HEALTH CODE
Act 258 of 1974
330.1618 Hearing; powers and duties of court.
Sec. 618.
(1) The court, at a hearing convened under this chapter for the appointment of a guardian, shall do all of the following:
(a) Inquire into the nature and extent of the general intellectual functioning of the respondent asserted to need a guardian.
(b) Determine the extent of the impairment in the respondent's adaptive behavior.
(c) Determine the respondent's capacity to care for himself or herself by making and communicating responsible decisions concerning his or her person.
(d) Determine the capacity of the respondent to manage his or her estate and financial affairs.
(e) Determine the appropriateness of the proposed living arrangements of the respondent and determine whether or not it is the least restrictive setting suited to the respondent's condition.
(f) If the respondent is residing in a facility, the court shall specifically determine the appropriateness of the living arrangement and determine whether or not it is the least restrictive suited to the respondent's condition.
(2) The court shall make findings of fact on the record regarding the matters specified in subsection (1).
(3) If it is determined that the respondent possesses the capacity to care for himself or herself and the respondent's estate, the court shall dismiss the petition.
(4) If it is found by clear and convincing evidence that the respondent is developmentally disabled and lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or the respondent's estate, the court may appoint a partial guardian to provide guardianship services to the respondent, but the court shall not appoint a plenary guardian.
(5) If it is found by clear and convincing evidence that the respondent is developmentally disabled and is totally without capacity to care for himself or herself or the respondent's estate, the court shall specify that finding of fact in any order and may appoint a plenary guardian of the person or of the estate or both for the respondent.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978
Notes of Decisions
Cited in
9
cases (
5 in the last 5 years), 1977–2025 · leading case:
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
· cites it 12× “Under Const 1963, art 6, § 15, the probate court's jurisdiction, powers, and duties are confined to those provided by law.”
Michigan Ass'n for Retarded Citizens v. Wayne Cnty. Prob. Judge, 261 N.W.2d 60 (Mich. Ct. App. 1977).
· cites it 4× “Section 618, MCLA 330.1618(1); MSA 14.800(618)(1) imposes certain duties on the probate judge: "The court, at a hearing convened under this chapter for the appointment of a guardian, shall: (a) Inquire into the nature and extent of the general intellectual functioning of the…”
In Re Neal, 584 N.W.2d 654 (Mich. Ct. App. 1998).
· cites it 2× “MCL 330.1618; MSA 14.800(618). The Revised Probate Code contains no such requirement.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993).
· cites it 2× “” MCL 330.1618(4); MSA 14.800(618X4) (emphasis added).”
In Re Guardianship of Br (Mich. Ct. App. 2025).
· cites it 4× “-4- MCL 330.1618 provides that the trial court must make certain factual findings on the record: (1) The court, at a hearing convened under this chapter for the appointment of a guardian, shall do all of the following: (a) Inquire into the nature and extent of the general…”
In Re Guardianship of Ammb (Mich. Ct. App. 2024).
· cites it 3× “210 (concerning the record on appeal), which she argues support her argument regarding the applicability of HRC.”
In Re Guardianship of Is (Mich. Ct. App. 2025).
· cites it 3× “In its opinion and order, the trial court first determined, “a partial guardianship over financial, medical/mental health, legal, and contractual areas is appropriate, with [IS] acting independently with the support from others as needed in the areas of placement, vocation, and…”
20240125_C367266_32_367266.Opn.Pdf (Mich. Ct. App. 2024).
“” MCL 330.1618(4). In its order appointing a partial guardian, the court “shall define the powers and duties of the partial guardian so as to permit the individual with a developmental disability to care for himself or herself and his or her property commensurate with his or her…”
— Mich. Comp. Laws § 330.1618(1) — 3 cases
Michigan Ass'n for Retarded Citizens v. Wayne Cnty. Prob. Judge, 261 N.W.2d 60 (Mich. Ct. App. 1977).
“Section 618, MCLA 330.1618(1); MSA 14.800(618)(1) imposes certain duties on the probate judge: "The court, at a hearing convened under this chapter for the appointment of a guardian, shall: (a) Inquire into the nature and extent of the general intellectual functioning of the…”
In Re Guardianship of Ammb (Mich. Ct. App. 2024).
“210 (concerning the record on appeal), which she argues support her argument regarding the applicability of HRC.”
In Re Guardianship of Br (Mich. Ct. App. 2025).
“-4- MCL 330.1618 provides that the trial court must make certain factual findings on the record: (1) The court, at a hearing convened under this chapter for the appointment of a guardian, shall do all of the following: (a) Inquire into the nature and extent of the general…”
— Mich. Comp. Laws § 330.1618(1)(e) — 1 case
— Mich. Comp. Laws § 330.1618(4) — 4 cases
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
“Under Const 1963, art 6, § 15, the probate court's jurisdiction, powers, and duties are confined to those provided by law.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993).
“” MCL 330.1618(4); MSA 14.800(618X4) (emphasis added).”
20240125_C367266_32_367266.Opn.Pdf (Mich. Ct. App. 2024).
“” MCL 330.1618(4). In its order appointing a partial guardian, the court “shall define the powers and duties of the partial guardian so as to permit the individual with a developmental disability to care for himself or herself and his or her property commensurate with his or her…”
In Re Guardianship of Is (Mich. Ct. App. 2025).
“In its opinion and order, the trial court first determined, “a partial guardianship over financial, medical/mental health, legal, and contractual areas is appropriate, with [IS] acting independently with the support from others as needed in the areas of placement, vocation, and…”
— Mich. Comp. Laws § 330.1618(5) — 2 cases
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995).
“Under Const 1963, art 6, § 15, the probate court's jurisdiction, powers, and duties are confined to those provided by law.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993).
“” MCL 330.1618(4); MSA 14.800(618X4) (emphasis added).”
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