More Omni-Business

By Doug Chalgian on March 8, 2024

  The same omnibus legislation that brought us Secret Trusts also made several other notable changes to probate law, including: Standby Guardians for LII’s Courts can appoint standby...

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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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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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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.