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the county where such person shall then reside. The petition may be made by the husband or wife, or by some blood relative of the person for whom a guardian is asked, or by a supervisor or superintendent of the poor. The procedure is similar to the appointment of a guardian for an incompetent person. The judge of probate may cause the person under guardianship to be restrained in any suitable asylum or hospital for treatment.

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SALES OF LANDS OF PERSONS UNDER
GUARDIANSHIP

Secs. 9115-9126
Secs. 9141-9165

Blanks Nos. 4301 to 4319

A guardian may sell the real estate of his ward for the purpose of paying

debts, for the support and maintenance or education of the ward, or for the purpose of placing the proceeds at interest, or making other investments. The proceedings to obtain license and to make sale are similar to cases of sale of real estate of deceased persons.

The law formerly provided that no license should be granted for the sale of the real estate of a ward, excepting that of a minor, unless the superintendents of the poor of the county of which the ward was an inhabitant, certified in writing their approval of the proposed sale.

There are two sections of the statute, sections 9118 and 9149. The legislature of 1911, P. A., page 46, repealed Section 9149, but did not repeal Section 9118, so that the law as it now stands provides that where the real estate of wards, except minors, is sold for debts, such sale must be approved by the superintendents of the poor; but where it is sold for other purposes such approval is not required.

P. A. 1905, P. 387 Real estate of persons under guardianship may be sold at private sale under the same general requirements as in case of sale of land by executor or administrator.

DEEDS IN PURSUANCE OF CONTRACT

P. A. 1911, P. 396

The legislature of 1911 provided for the conveyance of land which had been contracted by the

ward before he had been determined to be mentally incompetent or a spendthrift, the same general procedure being required as in a case where land had been contracted by a deceased party.

Sec. 8733

FEES OF GUARDIAN

Every guardian shall be allowed the amount of his reasonable expenses incurred in the execution of his trust, and he shall also have such compensation for his services as the court in which his accounts are settled, shall deem to be just and reasonable.

Transfer of jurisdiction in guardianship matters
from probate court in one county in this
state to that of another

P. A. 1911, P. 329 When a guardian shall be appointed by the probate court of any county, and the ward of such guardian shall have acquired a legal domicile in another county, a guardian may be appointed over said ward by the probate court of the county of such domicile, provided that a new guardian shall not be appointed unless the first appointee shall have resigned or have been removed, and the probate court having first jurisdiction shall have consented to such transfer of jurisdiction.

ADOPTION AND CHANGE OF NAMES
OF CHILDREN

Secs. 8776-8780
P. A. 1911, P. 180
Blanks Nos. 4651 to 4653

The law for the adoption of children which stood on the statute books for many years, being Act 26 of the laws of 1861, was declared unconstitutional in the case of the People vs. Congdon, 77 Mich., page 351. Since that time there has been a series of acts whereby the legislature has endeavored to correct the errors of hasty legislation. It is necessary to refer to them at this point only for the purpose of stating

that whether an adoption of a child is valid or not depends as to when and under what statute it was made.

A reference to the different acts and amendments will be found under Chapter 236 of the Compiled Laws of 1897.

When any person shall desire to adopt any minor child, and to change the name of such child, and to bestow upon him or her the family name of the person or persons adopting such child, or to adopt any minor child after changing the name, with intent to make such child his, her or their heir, such person, together with his or her wife or husband, if any there be, must file in the probate court of the county in which they reside an instrument in writing whereby they shall declare that such child, naming him or her by the name he or she has usually borne, is adopted as the child by the person referred to, and that he or she intend to make such child his or her heir, and they shall state the full name that they desire such child to bear. And in case a change of name is desired such change of name must be given and the instrument must be signed by:

(a) In case the parents of such child, or either of them, are living, then with the consent of such parents or the survivor of them;

(b) In case such child is abandoned by one of its parents, then with the consent of the other parent;

(c) In case such child be illegitimate, then with the consent of its mother;

(d) In case such child is an orphan, or is abandoned by its parent or surviving parent, or by its mother, if it be illegitimate, then with the consent of the nearest of kin or guardian of such child, or of the principal officer of any incorporated asylum, hospital or home, of which such child may be an inmate, or of two superintendents of the poor of the county, or the director of the poor of any city or township of which such child is a resident, or of the principal officer of any institution, public or private, in this state or elsewhere, in whose care such orphan or abandoned child may be;

(e) In case the parents, or surviving parent of such child, or the mother if said child be illegitimate, or the parent who has not abandoned it, if such child has been abandoned by one of its parents, has or have surrendered and released in writing duly executed and acknowledged before an officer authorized by law to take acknowledgments, all his, her or their parental rights in and to such child, and the custody and control thereof to an incorporated asylum, hospital or home, of which such child may be an inmate, for the purpose of enabling such incorporated asylum, hospital or home to have said child adopted by some suitable person, its name changed, when a change is desired, and the child made an heir-at-law under the provisions of this act, then with the consent of the principal officer of any such incorporated asylum, hospital or home, and the aforementioned release executed by parent or parents as aforesaid to said asylum, hospital or home, shall be filed with the instrument of adoption in the probate court;

(f) In case said child is legally an inmate of the State Public School, then with the consent of the superintendent of such school, and the county agent of the State Board of Corrections and Charities for the county wherein the person adopting such child resides;

(g) In case said child shall have been cornmitted by an order of a court of competent jurisdiction, to the care of any incorporated association, embracing in its objects the purpose of caring for, or obtaining homes for dependent or neglected children, approved by the State Board of Corrections and Charities, then with the consent of the principal officer of such association;

(h) In any case heretofore described, if such child be above the age of ten years, then with the additional consent of such child;

(i) In case any person herein designated as a parent with whose consent such adoption and change of name, where such change is desired, shall be insane or mentally incompetent, then such adoption and change of name, where

change of name is desired, shall be with the consent of the general guardian of such insane or mentally incompetent parent, and such consent of the general guardian shall have the same force and effect as if made by the insane or mentally incompetent person while in sound mind.

The execution of the instrument must be acknowledged by the person signing before an officer authorized to take acknowledgments of deeds. The instrument should in all cases be accompanied by the approval of such adoption signed by the county agent of the State Board of Corrections and Charities. The judge of probate with whom such instrument is filed shall thereupon make an investigation and if satisfied as to the good moral character and ability to support and educate such child and the suitableness of the home, he shall make an order that the persons adopting stand in place of the parents to such child, and the name of the child be changed as designated in such instrument, and said child shall thereupon become an heirat-law of the person so adopting, the same as if he were in fact the child of such persons.

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CHANGE OF NAME OF ADULTS

Secs. 8781-8782

The probate court shall have the power by an order to be entered in its journal, to change the name of any adult person who has been for one year a resident of the county, who makes a written application for that purpose. The application must show a sufficient reason for such proposed change to the satisfaction of the court, and that such change is not suggested with any fraudulent or evil intent. The notice or intention to make such application must be published six weeks prior to the hearing thereof, and for three successive weeks in a newspaper published in the county where the application is to be made. The applicant is required to pay a fee of three dollars to the county treasurer.

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