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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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...

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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...

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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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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...

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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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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...

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In this recently released unpublished opinion, Spouse A is conservator over Spouse B.  Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...

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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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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.