Published Opinion Clarifies Burden of Proof for Breach
By Doug Chalgian on March 5, 2021
The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in...
Two from the Asplund Clan
By Doug Chalgian on November 26, 2020
Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall. Roberta is subject to both a guardianship and conservatorship. At...
Reflections from a Costly Goose Chase
By Doug Chalgian on March 3, 2019
The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be...
Capacity to Nominate
By Doug Chalgian on December 16, 2018
The question is this: When a person who is the subject of a petition for guardianship or conservatorship nominates an individual they want to serve in those capacities,...
COA Sets the Record Straight on Priorities
By Doug Chalgian on June 8, 2018
This new published Court of Appeals opinion shouldn’t surprise anyone. The COA holds that where a professional guardian/conservator resigns, and the only adult child of the ward petitions...
Better Than Nothing?
By Doug Chalgian on May 22, 2018
The Michigan Supreme Court has issued an Order denying leave in In Re Conservatorship of Rhea Brody. However, this same Order “further notes” that the Opinion of the...
The Imperfect Bandage of Undue Influence
By Doug Chalgian on April 29, 2018
A rant this morning. Something to think about over your Sunday morning coffee (or tea). Our firm starts lawsuits involving vulnerable adult exploitation as much as anyone I suppose....
Storm Clouds in Elder Law Land
By Doug Chalgian on January 7, 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....
Meritless is Good. Frivolous would have been Better.
By Doug Chalgian on October 13, 2017
This is a Chalgian and Tripp case just handed down from the Court of Appeals. Unpublished. Click here to read In Re Conservatorship of Ueal E. Patrick. Ueal...
Seeing Redd
By Doug Chalgian on September 21, 2017
Here’s another important published opinion on the topic of adult guardianships. The case is about the removal of a guardian of an adult ward appointed under EPIC. The case deals...
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About The Author: Doug ChalgianI 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. |