Nurse Helps Sick Man … Loses License

By Doug Chalgian on March 24, 2023

  The undisputed facts seem to be that a man met a woman at a casino.  The man was 75 years-old, had cancer, and had recently lost his...

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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...

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Looking at Financial Exploitation as a Drug Deal

By Doug Chalgian on March 11, 2020

This is admittedly an offbeat post. Take it for what it’s worth. General Concept We are all dopamine addicts. We spend much of our awake lives seeking validation...

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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The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be...

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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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Peter’s Principles and Our Evolving Understanding of Exploitation

By Doug Chalgian on April 18, 2017

I heard Dr. Peter Lichtenberg speak the other day about his research on financial vulnerability in older adults, and more specifically, how and why he developed the Lichtenberg...

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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Nice analysis in this recent unpublished COA opinion.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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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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Good Guys Win Financial Exploitation Case

By Doug Chalgian on February 6, 2015

Frances and Elizabeth Stafford were sisters in the Bay City area. When Elizabeth died, her trust continued for the benefit of Frances. Frances was a vulnerable adult, physically...

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Rebutting Presumption of Undue Influence

By Doug Chalgian on December 20, 2012

It’s over – at least for now.  The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older...

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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.