Exploring Digitization of Health and Medical Data and Records Part Two
A financial power of attorney (POA) can be a critical component of your estate plan. It appoints a trusted representative (often called an agent) to make financial decisions on your behalf in the event you’re unable to do so....more
A conservator is an individual who manages the finances of an incapacitated individual, and a conservator cannot sell real estate owned by the incapacitated person without prior probate court approval. MCL 700.5423(3)....more
Michael Oher, retired NFL star, filed a petition in probate court on Monday asserting that he was tricked into consenting to a conservatorship (in Florida we refer to this as guardianship) which he believed was an adoption by...more
In Michigan, the Estates and Protected Individuals Code (EPIC) authorizes the probate court to appoint a guardian for a person who is unable to make informed medical decisions, after the court takes evidence and ensures that...more
On February 21, 2023, the Michigan Court of Appeals rendered its decision in In re Nicholson Trust, Docket No 360862 (Mich Ct App Feb 21, 2023) (unpublished). The court addresses a unique and powerful procedural tool that can...more
In December 2022, the Michigan Court of Appeals issued two important opinions regarding guardianships in Michigan. The first case, In re Guardianship of Roberta More Asplund, had to do with guardianship of an incapacitated...more
Under Michigan law, there are two alternate roles for making medical decisions for an incapacitated person. A patient advocate is a medical decision-maker who is appointed by an individual when planning for potential future...more
Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more