Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.1106 (2026)

Definitions; M to P.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.1106 Definitions; M to P.

Sec. 1106.

    As used in this act:

    (a) "Mental health professional" means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:

    (i) A physician who is licensed to practice medicine or osteopathic medicine and surgery in this state under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

    (ii) A psychologist licensed to practice in this state under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

    (iii) A registered professional nurse licensed to practice in this state under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

    (iv) A licensed master's social worker licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

    (v) A physician's assistant licensed to practice in this state under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

    (vi) A licensed professional counselor licensed under part 181 of the public health code, 1978 PA 368, MCL 333.18101 to 333.18117.

    (b) "Michigan prudent investor rule" means the fiduciary investment and management rule prescribed by part 5 of this article.

    (c) "Minor" means an individual who is less than 18 years of age.

    (d) "Minor ward" means a minor for whom a guardian is appointed solely because of minority.

    (e) "Money" means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card.

    (f) "Mortgage" means a conveyance, agreement, or arrangement in which property is encumbered or used as security.

    (g) "Nonopioid directive form" means that term as defined in section 9145 of the public health code, 1978 PA 368, MCL 333.9145.

    (h) "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of the decedent's death.

    (i) "Organization" means a corporation, business trust, estate, trust, partnership, limited liability company, association, or joint venture; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity.

    (j) "Parent" includes, but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. Parent does not include an individual who is only a stepparent, foster parent, or grandparent.

    (k) "Partial guardian" means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330.1600.

    (l) "Patient advocate" means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506.

    (m) "Patient advocate designation" means the written document executed and with the effect as described in sections 5506 to 5515.

    (n) "Payor" means a trustee, insurer, business entity, employer, government, governmental subdivision or agency, or other person authorized or obligated by law or a governing instrument to make payments.

    (o) "Person" means an individual or an organization.

    (p) "Personal representative" includes, but is not limited to, an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII, who performs substantially the same function under the law governing that person's status.

    (q) "Petition" means a written request to the court for an order after notice.

    (r) "Physician orders for scope of treatment form" means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333.5674.

    (s) "Plenary guardian" means that term as defined in section 600 of the mental health code, 1974 PA 258, MCL 330.1600.

    (t) "Power of appointment" means that term as defined in section 2 of the powers of appointment act of 1967, 1967 PA 224, MCL 556.112.

    (u) "Proceeding" includes an application and a petition, and may be an action at law or a suit in equity. A proceeding may be denominated a civil action under court rules.

    (v) "Professional conservator" means a person that provides conservatorship services for a fee. Professional conservator does not include a person who is an individual who is related to all but 2 of the protected individuals for whom he or she is appointed as conservator.

    (w) "Professional guardian" means a person that provides guardianship services for a fee. Professional guardian does not include a person who is an individual who is related to all but 2 of the wards for whom he or she is appointed as guardian.

    (x) "Property" means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property.

    (y) "Protected individual" means a minor or other individual for whom a conservator has been appointed or other protective order has been made as provided in part 4 of article V.

    (z) "Protective proceeding" means a proceeding under part 4 of article V.

    

    

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 463, Eff. June 1, 2001 ;-- Am. 2003, Act 63, Imd. Eff. July 22, 2003 ;-- Am. 2004, Act 532, Imd. Eff. Jan. 3, 2005 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2017, Act 155, Eff. Feb. 6, 2018 ;-- Am. 2018, Act 555, Eff. Mar. 28, 2019 ;-- Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024

PopularName Notes:

EPIC
Notes of Decisions
Cited in 25 cases (12 in the last 5 years), 2004–2025 · leading case: in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
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in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). · cites it 2× “See MCL 700.1106(r) (defining a “[p]roceeding” for purposes of EPIC to include, inter alia, a petition); MCR 5.”
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “" MCL 700.1106( w ). " 'Incapacitated individual' means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking…”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). “” MCL 700.1106(u). At the relevant time, MCL 700.”
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). · cites it 3× “” MCL 700.1106(i). If a decedent dies intestate and has no surviving spouse, EPIC provides the order in which the decedent’s estate will pass to his or her surviving relatives.”
Braverman v. Garden City Hosp., 724 N.W.2d 285 (Mich. Ct. App. 2006). · cites it 2× “Rather, EPIC defines "personal representative" as "an executor, administrator, successor personal representative, and special personal representative, and any other person who performs substantially the same function under the law governing that person's status.”
Wicklund v. Wicklund, 2014 ND 64 (N.D. 2014). · cites it 2× “See Mich. Comp. Laws §§ 700.1106 (definition of personal representative); 700.”
Halton v. Fawcett, 675 N.W.2d 880 (Mich. Ct. App. 2004). “5 MCL 700.1106(n). 6 MCL 600.2922(2). 7 Roberts, supra at 66 .”
Carmichael v. Henry Ford Hosp., 742 N.W.2d 387 (Mich. Ct. App. 2007). “” MCL 700.1106(n). 4 The three-year ceiling would have been reached no earlier than January 29, 2006, five years after the earliest date that malpractice, if any, could have occurred.”
In Re Hector M Hernandez Supplemental Needs Trust (Mich. Ct. App. 2024). · cites it 5× “” MCL 700.1106(u), as amended by 2018 PA 555 .”
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). · cites it 3× “49, or read as surplusage the provisions in § 700.1106 which recognize a trust as a person.”
Gary Olszewski v. Kathy J Erdman Trust (Mich. Ct. App. 2025). · cites it 3× “This definition was previously contained in MCL 700.1106(t) before the recent amendments to the statute; the language of the definition was unchanged.”
In Re Guardianship of Mary Ann Malloy (Mich. 2024). · cites it 2× “” MCL 700.1106(c); see also MCL 700.5204. By definition, a “minor” is not an “incapacitated individual” under EPIC, see MCL 700.”
Show all 25 citing cases →
— Mich. Comp. Laws § 700.1106(c) — 2 cases
In Re Guardianship of Mary Ann Malloy (Mich. 2024). “” MCL 700.1106(c); see also MCL 700.5204. By definition, a “minor” is not an “incapacitated individual” under EPIC, see MCL 700.”
In Re Guardianship of Dana Jenkins (Mich. 2024).
— Mich. Comp. Laws § 700.1106(i) — 3 cases
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). “” MCL 700.1106(i). If a decedent dies intestate and has no surviving spouse, EPIC provides the order in which the decedent’s estate will pass to his or her surviving relatives.”
in Re Koehler Est. (Mich. Ct. App. 2016).
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). “49, or read as surplusage the provisions in § 700.1106 which recognize a trust as a person.”
— Mich. Comp. Laws § 700.1106(n) — 3 cases
Braverman v. Garden City Hosp., 724 N.W.2d 285 (Mich. Ct. App. 2006). “Rather, EPIC defines "personal representative" as "an executor, administrator, successor personal representative, and special personal representative, and any other person who performs substantially the same function under the law governing that person's status.”
Halton v. Fawcett, 675 N.W.2d 880 (Mich. Ct. App. 2004). “5 MCL 700.1106(n). 6 MCL 600.2922(2). 7 Roberts, supra at 66 .”
Carmichael v. Henry Ford Hosp., 742 N.W.2d 387 (Mich. Ct. App. 2007). “” MCL 700.1106(n). 4 The three-year ceiling would have been reached no earlier than January 29, 2006, five years after the earliest date that malpractice, if any, could have occurred.”
— Mich. Comp. Laws § 700.1106(o) — 1 case
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). “49, or read as surplusage the provisions in § 700.1106 which recognize a trust as a person.”
— Mich. Comp. Laws § 700.1106(p) — 1 case
Est. of Christopher P Eversole v. Janelle Nash (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 700.1106(q) — 1 case
In Re Weingrad Est. (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 700.1106(r) — 1 case
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “See MCL 700.1106(r) (defining a “[p]roceeding” for purposes of EPIC to include, inter alia, a petition); MCR 5.”
— Mich. Comp. Laws § 700.1106(t) — 3 cases
In Re Alondra Eddins (Mich. Ct. App. 2022).
In Re Ralph a Siddell Living Trust (Mich. Ct. App. 2023).
Gary Olszewski v. Kathy J Erdman Trust (Mich. Ct. App. 2025). “This definition was previously contained in MCL 700.1106(t) before the recent amendments to the statute; the language of the definition was unchanged.”
— Mich. Comp. Laws § 700.1106(u) — 3 cases
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). “” MCL 700.1106(u). At the relevant time, MCL 700.”
Gary Olszewski v. Kathy J Erdman Trust (Mich. Ct. App. 2025). “This definition was previously contained in MCL 700.1106(t) before the recent amendments to the statute; the language of the definition was unchanged.”
In Re Hector M Hernandez Supplemental Needs Trust (Mich. Ct. App. 2024). “” MCL 700.1106(u), as amended by 2018 PA 555 .”
— Mich. Comp. Laws § 700.1106(v) — 1 case
in Re Conservatorship of Stephen Michalak (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 700.1106(w) — 5 cases
in Re Joseph Vansach Jr (Mich. Ct. App. 2018).
in Re Joseph Vansach Jr (Mich. Ct. App. 2018).
Brent D Jarman v. Bryan S Jarman (Mich. Ct. App. 2024).
In Re Guardianship of Mary Ann Malloy (Mich. 2024). “” MCL 700.1106(c); see also MCL 700.5204. By definition, a “minor” is not an “incapacitated individual” under EPIC, see MCL 700.”
In Re Guardianship of Dana Jenkins (Mich. 2024).
— Mich. Comp. Laws § 700.1106(x) — 4 cases
In Re Hector M Hernandez Supplemental Needs Trust (Mich. Ct. App. 2024). “” MCL 700.1106(u), as amended by 2018 PA 555 .”
B a Tyler v. David M Findling (Mich. 2021).
B a Tyler v. David M Findling (Mich. 2021).
In Re Guardianship of Ronald William Layton (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 700.1106(y) — 1 case
In Re Hector M Hernandez Supplemental Needs Trust (Mich. Ct. App. 2024). “” MCL 700.1106(u), as amended by 2018 PA 555 .”
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