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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Important Guardianship Case Going Up

By Doug Chalgian on May 6, 2023

  I posted about In Re Guardianship of Mary Ann Malloy when the Court of Appeals issued a published opinion last fall.  The question in the case is...

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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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Federal Preemption Limits Probate Court’s Authority over Social Security Benefits

By Doug Chalgian on June 27, 2022

  This post is about a published opinion which looks whether, and to what extent, a probate court can exercise authority over Social Security benefits paid to a...

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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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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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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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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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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.