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In this recently released unpublished opinion, Spouse A is conservator over Spouse B.  Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...

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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...

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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...

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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...

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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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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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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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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Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision.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...

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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...

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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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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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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.