COA Dives into Temporary Fiduciaries
By Doug Chalgian on May 30, 2023
I would be going too far to say that this recently released Court of Appeals opinion is one of the most important cases of the year. But...
Patient Advocate Removed for Advocating
By Doug Chalgian on November 16, 2022
In In re Guardianship of Tyler J. Newland (click on the name to read the case), a patient advocate for a vulnerable adult is removed for advocating...
COA Endorses Guardian Delegation in Published Opinion
By Doug Chalgian on October 15, 2022
This published opinion arises out of a dispute between an insurance company and a professional guardian but implicates the important question of what it means to be a...
COA puts Finer Point on Probate Jurisdiction
By Doug Chalgian on August 17, 2022
In In Re Guardianship of Ronald William Layton, initial petitions for guardianship and conservatorship are filed alleging that Mr. Layton is cognitively impaired to the extent that...
COA Contorts Itself to Hold that a Conservator and Next Friend can Coexist
By Doug Chalgian on January 18, 2022
In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...
Immunity Protects Testimony in Guardianship Proceedings
By Doug Chalgian on September 25, 2021
This published case arises out of a circuit court action, but relates to the testimony and pleadings of parties to an adult guardianship case. Click here to read...
Grandparent Visitation Rules Unaltered by Minor Guardianship
By Doug Chalgian on May 17, 2021
In this published opinion, Parent 1 dies. Parent 2 has drug issues. The Department of Health and Human Services successfully petitions for a minor guardianship to be...
Published Case Addresses Terminating an Adult Guardian
By Doug Chalgian on May 17, 2021
The case of In Re Guardianship of Roderick Gordon is about an effort to terminate an adult guardianship established under EPIC. The ward petitioned to have the...
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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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...
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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. |