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...
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,...
COA Sets the Record Straight on Priorities
By Doug Chalgian on June 8, 2018
This new published Court of Appeals opinion shouldn’t surprise anyone. The COA holds that where a professional guardian/conservator resigns, and the only adult child of the ward petitions...
The Imperfect Bandage of Undue Influence
By Doug Chalgian on April 29, 2018
A rant this morning. Something to think about over your Sunday morning coffee (or tea). Our firm starts lawsuits involving vulnerable adult exploitation as much as anyone I suppose....
Storm Clouds in Elder Law Land
By Doug Chalgian on January 7, 2018
It seems to me that we are living through what could be a case study on the way the law evolves to address a rapidly changing social environment....
Seeing Redd
By Doug Chalgian on September 21, 2017
Here’s another important published opinion on the topic of adult guardianships. The case is about the removal of a guardian of an adult ward appointed under EPIC. The case deals...
Roush II: The Plot Thickens
By Doug Chalgian on February 12, 2016
A little drama is stewing in the elder law world. I wrote about the Roush case when it came out. Click here to read that post appropriately titled...
Capacity to Gender Identify
By Doug Chalgian on November 8, 2015
Talk about cutting edge cases… How about this one out of Jackson County: 60 year-old biological male with history of developmental disabilities and psychiatric events, decides he wants...
This Could Get Interesting
By Doug Chalgian on September 28, 2015
The Michigan Supreme Court is considering a case involving the issue of a medical provider and Michigan law regarding surrogate decision-making. Specifically, Margaret Roush was a resident of...
Striking the Balance between Dignity and Safety of a Vulnerable Adult
By Doug Chalgian on July 28, 2013
I realized the other day there are a handful of things I never tire of watching. One of those is probate court proceedings. Admittedly I watch probate court...
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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. |