Taylor, MI asked in Business Law, Gov & Administrative Law and Municipal Law for Michigan

Q: Does an heir fit the legal definition as successor in the FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 of 1976?

(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or their successors, if the request meets all of the following requirements:

1 Lawyer Answer
James L. Arrasmith
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  • Municipal Law Lawyer
  • Sacramento, CA

A: In the context of the Freedom of Information Act (FOIA) and the specific excerpt you're referring to, the term "successor" generally relates to an entity or organization that takes over the roles or functions of another, rather than an individual heir in the traditional sense of inheriting property or titles.

The excerpt you've mentioned pertains to nonprofit organizations designated by the state for certain activities under federal laws related to developmental disabilities and mental illness. Here, a "successor" would typically mean another nonprofit organization that has been officially designated to continue the work or assume the responsibilities of the original organization mentioned in the legislation.

In legal terms, an "heir" usually refers to a person who inherits assets or liabilities of a deceased individual. This concept is distinct from that of a "successor" in the context of the FOIA, which is more about the continuity of roles, responsibilities, or functions of organizations or entities.

Therefore, an heir does not fit the legal definition of a "successor" as used in this part of the Freedom of Information Act. If you're dealing with a situation involving the interpretation of "successor" under FOIA, it's important to consider the specific context and the intended continuity of roles or functions, rather than individual inheritance. For precise guidance, especially if this interpretation affects a legal strategy or rights, consulting with an attorney experienced in FOIA matters is recommended. They can provide advice that is specific to the nuances of your particular situation.

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