New Article on Exploitation Cases

By Doug Chalgian on February 21, 2019

I mentioned this article in a prior post.  Something I wrote that was published in this month's Michigan Bar Journal.  If you haven't seen it, and want to...

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Capacity Case Illustrates Witness Weight

By Doug Chalgian on February 18, 2019

This unpublished opinion provides an opportunity to discuss the types of witnesses that are often involved in lack of capacity and undue influence cases, and how they are...

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Test of Capacity is a Function of Complexity

By Doug Chalgian on December 1, 2018

Party A argued that because a person executed a financial power of attorney and patient advocate designation in June of 2013, the trial court should have found that...

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Medical Experts Carry Conservatorship Case

By Doug Chalgian on December 2, 2016

Nice analysis in this recent unpublished COA opinion. Click here to read In Re Conservatorship of Stephen Michalak.  Congrats to my colleague Valerie Kutz-Otway for her successful advocacy...

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Litigation Strategies Part VII: The Hands that Rock the Cradle

By Doug Chalgian on March 12, 2016

Petitions, motions, discovery. It all matters.  But when it comes to winning the guardianship/conservatorship case, there is an additional element – managing the court-appointed players.  Specifically, the guardian...

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Playing with Knives

By Doug Chalgian on December 6, 2015

There’s a saying among litigators. It goes like this: Lawyers play with knives but never get cut. The idea (or image) is two lawyers facing each other holding...

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This Could Get Interesting

By Doug Chalgian on September 28, 2015

The Michigan Supreme Court is considering a case involving the issue of a medical provider and Michigan law regarding surrogate decision-making. Specifically, Margaret Roush was a resident of...

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Bittner’s Bite

By Doug Chalgian on September 13, 2015

So we have a new published opinion on a probate court case – something unusual these days.  In Re Conservatorship of Shirley Bittner was published September 8, 2015. ...

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Only in Ann Arbor?

By Doug Chalgian on August 22, 2015

The first time I met my client was early one morning at the Starbucks on Main St. in Ann Arbor. He had flown in the night before, and...

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Why the “Lucid Moment” Needs to End

By Doug Chalgian on May 19, 2013

There’s a case I read a couple years ago that bothers me and that I’ve been wanting to comment on it since.  It is an unpublished decision in...

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Doug Chalgian

About The Author: Doug Chalgian

I am an estate planning, probate litigating, elder law attorney. This is a blog for clients and professional colleagues. In it I offer my ideas about the state of the law and the practice of law. I believe we are living through a unique period during which the law (which is traditionally slow to change) and society are attempting to evolve to address the explosion of people living long lives. I find these developments fascinating and enjoy being involved in this evolution.