MENTAL HEALTH CODE
Act 258 of 1974
330.1620 Contents of court order establishing partial guardianship; legal and civil rights; effect of appointment of partial guardian.
Sec. 620.
(1) A court order establishing partial guardianship shall contain findings of fact, 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 ability to do so, and shall specify all legal disabilities to which the individual is subject.
(2) An individual with a developmental disability for whom a partial guardian has been appointed retains all legal and civil rights except those that have by court order been designated as legal disabilities or that have been specifically granted to the partial guardian by the court.
(3) The appointment of a partial guardian under this chapter does not constitute a finding of legal incompetence or incapacity except in those areas specified by the court.
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 (
3 in the last 5 years), 1995–2025 · 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 4× “800(631), and to adjudicate petitions for the discharge of a guardian or modification *140 of an existing order of guardianship, MCL 330.”
In Re Neal, 584 N.W.2d 654 (Mich. Ct. App. 1998).
“800(618) and MCL 330.1620; MSA 14.800(620). Other provisions contained in chapter 6 of the Mental Health Code are arguably less stringent than article 4 of the Revised Probate Code.”
In Re Guardianship of Zachary Harley Davidson Imbirowicz (Mich. Ct. App. 2022).
· cites it 2× “Next, Imbirowicz argues that the court’s order was improperly broad and in violation of MCL 330.1620. Under MCL 330.1620(1), the trial court must “define the powers and duties of the partial guardian so as to permit the individual with a developmental disability to care for…”
In Re Guardianship of Is (Mich. Ct. App. 2025).
· cites it 2× “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 § 330.1620(1) — 3 cases
In Re Guardianship of Zachary Harley Davidson Imbirowicz (Mich. Ct. App. 2022).
“Next, Imbirowicz argues that the court’s order was improperly broad and in violation of MCL 330.1620. Under MCL 330.1620(1), the trial court must “define the powers and duties of the partial guardian so as to permit the individual with a developmental disability to care for…”
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…”
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