Bones to Advocates in MSC Guardianship Case

By Doug Chalgian on May 30, 2024

  The Michigan Supreme Court has issued a decision in two guardianship matters: In Re Molloy and In Re Jenkins. Click on the names to read the combined...

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More Omni-Business

By Doug Chalgian on March 8, 2024

  The same omnibus legislation that brought us Secret Trusts also made several other notable changes to probate law, including: Standby Guardians for LII’s Courts can appoint standby...

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Guardian has Right to Proper Removal

By Doug Chalgian on February 3, 2024

  Appellant is appointed co-plenary guardian over her developmentally disabled child. During a review hearing at which Appellant was not present, the Court heard from various witnesses, as...

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Trigger Cases

By Doug Chalgian on August 26, 2023

  This is a case in which the probate court determined the validity of an older person’s estate plan in the context of a guardianship and conservatorship proceeding....

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Be Still My Beating Heart

By Doug Chalgian on July 30, 2023

  In a truly amazing (albeit unpublished) opinion from the Michigan Court of Appeals, two members of one COA panel jump all over a trial judge for engaging...

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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...

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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...

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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...

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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...

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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...

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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.