No such proceeding

Generally

The provisions governing adult protective proceedings in Michigan are found within the state’s Social Welfare Act, Mich. Comp. Laws Ann. §§ 400.11-400.11f.

The provisions do not cover individuals residing in state funded and operated facilities or institutions, such as correctional institutions, mental hospitals, psychiatric hospitals, psychiatric units, or developmental disability regional centers. Mich. Comp. Laws Ann. § 400.11f(1).

Services must seemingly be provided by consent, but the department may pursue action in probate court if needed.

As to the provision of services, Section 400.11b states in part, “The county department shall make available to the adult the appropriate and least restrictive protective services, directly or through the purchase of services from other agencies and professions, and shall take necessary action to safeguard and enhance the adult’s welfare, if possible.”  The “make available” language seems to imply that consent is required. 

But the section goes on to authorize the department to pursue temporary guardianship, guardianship, and conservatorship through the estates and protected individuals code. See Mich. Comp. Laws Ann. § 400.11b(6).

For more information on the right to counsel in guardianship and conservatorship matters, please visit Legislation, Guardianship/Conservatorship of Adults – Protected Person.