Published Opinion Clarifies Burden of Proof for Breach
By Doug Chalgian on March 5, 2021
The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in...
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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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...
AFCs Not Protected by Med Mal Law
By Doug Chalgian on October 24, 2020
In a published opinion, the Michigan Court of Appeals announced that the law that shields many types of care facilities from ordinary negligence actions, by deeming them subject...
The Cautionary Tale and Tragic Death of Virginia Kermath
By Doug Chalgian on September 17, 2020
For those of you whose lives are so dull that you neither subscribe to the Chalgian and Tripp newsletter nor read the Michigan Funeral Directors Journal, following is...
MDHHS Gets Busy
By Doug Chalgian on April 22, 2020
If, and only if, you are interested in more information on how Michigan's Department of Health and Human Services is addressing the COVID Crisis in LTC, click here...
Nursing Homes to Segregate COVID-19 Population
By Doug Chalgian on March 26, 2020
State and Federal entities are taking steps to address the COVID-19 Crisis. Long Term Care Facilities offer some of the most difficult challenges with respect to managing the...
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...
Reflections from a Costly Goose Chase
By Doug Chalgian on March 3, 2019
The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be...
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,...
COA Sets the Record Straight on Priorities
By Doug Chalgian on June 8, 2018
This new published Court of Appeals opinion shouldn’t surprise anyone. The COA holds that where a professional guardian/conservator resigns, and the only adult child of the ward petitions...
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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. |