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In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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...
Another Stop at the Last Resort
By Doug Chalgian on May 18, 2020
Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision. To read In Re Guardianship and Conservatorship...
Legislature Creates New Process for Disputes over Visiting Vulnerable Adults
By Doug Chalgian on January 11, 2020
Michigan guardianship law has been amended to allow probate courts to appoint limited guardians to supervise visitations with incapacitated adults. Specifically, a new section MCL 700.5306(6) provides grounds...
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The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be...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,...
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