Mich. Admin. Code R. 28.14953

Current through Vol. 24-19, November 1, 2024
Section R. 28.14953 - Persons executing claims

Rule 3

(1) The commission shall determine who is the proper party to execute a claim as follows:
(a) The claim shall be executed by the claimant or the claimant's legally designated representative if the claimant is mentally competent and physically able to execute the claim.
(b) If the claimant is mentally incompetent or physically unable to execute the claim and is either of the following:
(i) Has a legally appointed guardian, committee, or other representative, then the claim may be executed by such guardian, committee, or other representative.
(ii) Is in the care of an institution, then the claim may be executed by the manager or principal officer of such institution.
(2) For good cause, such as the age or prolonged absence of the claimant, the commission may accept a claim executed by a person other than 1 described in subrule (1) of this rule.
(3) Where the claim is executed by a person other than the claimant, the person shall, at the time of filing the claim or within a reasonable time thereafter, file evidence of the person's authority to execute the claim on behalf of the claimant in accordance with the following:
(a) If the person executing the claim is the legally-appointed guardian, committee, or other legally-designated representative of the claimant, the evidence shall be a certificate executed by the proper official of the court of appointment.
(b) If the person executing the claim is not a legally designated representative, then the evidence shall be a statement describing the person's relationship to the claimant or the extent to which the person has the care of the claimant or the person's position as an officer of the institution of which the claimant is an inmate or patient. The commission may, at any time, require additional evidence to establish the authority of the person to file or withdraw a claim.

Mich. Admin. Code R. 28.14953

2005 AACS