Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1631 (2026)

Guardian; duties; filing, contents, and review of report.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1631 Guardian; duties; filing, contents, and review of report.

Sec. 631.

    (1) To the extent ordered by the court, the plenary guardian of the person shall have and a partial guardian of the person may have among others the following duties:

    (a) Custody of the ward.

    (b) The duty to make provision from the ward's estate or other sources, for the ward's care, comfort, and maintenance.

    (c) The duty to make a reasonable effort to secure for the ward training, education, medical, and psychological services, and social and vocational opportunity as are appropriate and as will assist the ward in the development of maximum self-reliance and independence.

    (2) The guardian of the person, plenary or partial, shall file with the court at intervals indicated by the court, but not less often than annually, a report which shall contain statements indicating:

    (a) The individual's current mental, physical, and social condition.

    (b) The individual's present living arrangement and a description and the address of every residence where the individual lived during the reporting period and the length of stay at each residence.

    (c) An assessment of the adequacy and appropriateness for the ward of treatment and residential programs in the ward's current residence and a statement on whether the ward will continue to live at the current residence or whether the guardian recommends a more suitable alternative residence.

    (d) A summary of the medical, educational, vocational, and other professional services given to the individual.

    (e) A resume of the guardian's visits with and activities on behalf of the individual.

    (f) A recommendation as to the need for continued guardianship.

    (g) A statement signed by the standby guardian, if any have been appointed, that the standby guardian continues to be willing to serve in the event of the death, incapacity, or resignation of the guardian.

    (h) An accounting of all financial transactions made by the guardian involving the ward's estate.

    (i) Other information requested by the court or useful in the opinion of the guardian.

    (3) For the purpose of filing this report pursuant to subsection (2), the guardian shall be given access to information, reports and records from facilities, a community mental health board or agency, court staff, a public or private entity or agency, or a suitable person that are necessary for the guardian to perform his or her duties.

    (4) The court shall review the report required in subsection (2) and take whatever action it considers necessary.

History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2024 · leading case: In re the Guardianship of Mark C.H., 28 Misc. 3d 765 (N.Y. Sur. Ct. 2010).
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In re the Guardianship of Mark C.H., 28 Misc. 3d 765 (N.Y. Sur. Ct. 2010). · cites it 2× “670), and Michigan (Mich Comp Laws § 330.1631 [2]). California requires guardians to report one year after the appointment and biennially thereafter (Cal Prob Code § 1850.”
In Re Wirsing, 573 N.W.2d 51 (Mich. 1998). “The duties of a plenary guardian are defined by MCL 330.1631; MSA 14.800(631). Subsection 1 of that section defines the relevant duties in this matter: To the extent ordered by the court, the plenary guardian of the person shall have and a partial guardian of the person may have…”
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995). · cites it 8× “800(629), read in conjunction with MCL 330.1631; MSA 14.800(631), gives the probate court the power to authorize the guardian of a developmentally disabled ward to allow surgical sterilization of the ward.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993). “” MCL 330.1631(1); MSA 14.800(631)(1). We agree with petitioner that, given that respondent mother has apparently been shown, 2 by clear and convincing evidence, to be "totally without capacity to care for .”
In Re Guardianship of Ammb (Mich. Ct. App. 2024). “Bomba cites MCL 330.1631(1), which lists the duties of a guardian; it is not a list of factors for the court to consider when removing a guardian.”
— Mich. Comp. Laws § 330.1631(1) — 3 cases
In Re Wirsing, 542 N.W.2d 594 (Mich. Ct. App. 1995). “800(629), read in conjunction with MCL 330.1631; MSA 14.800(631), gives the probate court the power to authorize the guardian of a developmentally disabled ward to allow surgical sterilization of the ward.”
In Re Middleton, 497 N.W.2d 214 (Mich. Ct. App. 1993). “” MCL 330.1631(1); MSA 14.800(631)(1). We agree with petitioner that, given that respondent mother has apparently been shown, 2 by clear and convincing evidence, to be "totally without capacity to care for .”
In Re Guardianship of Ammb (Mich. Ct. App. 2024). “Bomba cites MCL 330.1631(1), which lists the duties of a guardian; it is not a list of factors for the court to consider when removing a guardian.”
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