By Christopher W. Smith, Chalgian & Tripp Law Offices, PLLC Special needs planners regularly encounter families who have accumulated large retirement accounts.  While the...

Finding the Law on Fiduciary Duties

By Ernscie Augustin on June 21, 2022

Clients are commonly confused about various fiduciary roles and their duties.  The job of helping them understated these roles and the obligations that with them is typically that of the elder and probate law attorney.  But lawyers, especially those who have not practiced long in the probate and elder law arena, may find explaining the rules to their client difficult…

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Understanding Adult Guardianships

By Ernscie Augustin on April 27, 2021

In everyday conversation, the word “guardian” could have many meanings.   But in elder law, and in probate court, the term is used more precisely.  It means someone who is appointed by the court to make decisions about the care needs of someone who is unable to make decisions for themselves.

Storm Clouds in Elder Law Land

By Doug Chalgian on January 8, 2018

It seems to me that we are living through what could be a case study on the way the law evolves to address a rapidly changing social environment. More people are living...

What is an Adult Guardianship?

By John Mabley on September 5, 2017

A guardian is a person appointed by the probate court to make decisions about the personal care of another person. In Michigan, there are three types of guardians: 1) Guardians...

Guardianship End of Life Authority Clarified

By Doug Chalgian on February 2, 2014

The debate is over. Guardians of adults (but not guardians appointed for persons with developmental disabilities), have authority to sign “do not resuscitate orders” (often...

Adult Guardianship: The New Divorce

By Doug Chalgian on March 5, 2013

adult guardianship the new divorce
Family conflicts have historically been the province of family law or divorce court. Now those same issues have become the meat and potatoes of the elder law practitioner and are...

Understanding the Power of Power of Attorneys

By Doug Chalgian on April 1, 2011

Understanding the power of power of attorneys

It is not uncommon to become involved in legal disputes where someone is troubled by the way a “power of attorney” is behaving…

Elder Law Litigation and the Lessons I’ve Learned

By Doug Chalgian on January 1, 2010

Elder Law Litigation and the Lessons I’ve Learned
Elder law litigation is on the rise. But little has been written about it, and from what I see in probate courts around the state, little is...