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...
Nurse Helps Sick Man … Loses License
By Doug Chalgian on March 24, 2023
The undisputed facts seem to be that a man met a woman at a casino. The man was 75 years-old, had cancer, and had recently lost his...
COA Affirms Conservator’s Ladybird Deed
By Doug Chalgian on January 20, 2023
The important holding in this case is that a conservator can execute a ladybird deed without first asking for court permission. The facts and other nuances of...
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...
Deed Case Feels Like Law School Question
By Doug Chalgian on October 18, 2022
This is one of those law school question cases, mostly real property law but with a probate twist. Here we go: The Deeds A and B own...
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...
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...
Michipremes Do Right in Kermath
By Doug Chalgian on June 17, 2022
I previously posted (even wrote an article) about this case. The story is that Virginia Kermath, a demented elder, got locked out of a care home and froze...
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In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...
Moose Lodge Marriage Buries Litigants
By Doug Chalgian on November 7, 2021
In the last few weeks of Lynden’s life, he was heavily medicated and receiving hospice care. Notwithstanding, he showed up for his marriage at the Moose Lodge...
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