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 Unpublished.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...
Another Brody Bombshell
By Doug Chalgian on September 21, 2017
UPDATE: This decision was subsequently revised. Some of the problematic aspects of the COA opinion were corrected. See Better Than Nothing? for details. This is a published...
Attorney-Fiduciary Relationships
By Doug Chalgian on January 27, 2017
A new published circuit court case addresses the often confused issue of who an attorney hired by a fiduciary represents and is accountable to. This is technical stuff,...
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Nice analysis in this recent unpublished COA opinion.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...
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...
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. ...
Striking the Balance between Dignity and Safety of a Vulnerable Adult
By Doug Chalgian on July 28, 2013
I realized the other day there are a handful of things I never tire of watching. One of those is probate court proceedings. Admittedly I watch probate court...
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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. |