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,...
Medicaid Planners Get Rare Win from COA
By Doug Chalgian on May 23, 2018
The Michigan Court of Appeals has issued an opinion regarding the appropriateness of using probate court protective orders to obtain spousal support orders in situations where such orders...
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...
Civil Actions versus Proceedings in Probate Court
By Doug Chalgian on August 10, 2017
When starting a new litigation matter in probate court, a threshold issue is to determine whether the matter should be characterized as a probate “proceeding” or a “civil...
Attorney-Fiduciary Relationships
By Doug Chalgian on January 27, 2017
A new published circuit court case addresses the often confused issue of who an attorney hired by a fiduciary represents and is accountable to. This is technical stuff,...
Medical Experts Carry Conservatorship Case
By Doug Chalgian on December 2, 2016
Nice analysis in this recent unpublished COA opinion. Click here to read In Re Conservatorship of Stephen Michalak. Congrats to my colleague Valerie Kutz-Otway for her successful advocacy...
Bittner’s Bite
By Doug Chalgian on September 13, 2015
So we have a new published opinion on a probate court case – something unusual these days. In Re Conservatorship of Shirley Bittner was published September 8, 2015. ...
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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. |