e-Journal Summary

e-Journal Number : 79094
Opinion Date : 03/09/2023
e-Journal Date : 03/24/2023
Court : Michigan Court of Appeals
Case Name : In re Conservatorship of Pobanz
Practice Area(s) : Litigation Probate
Judge(s) : Per Curiam – Cavanagh, Servitto, and Garrett
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Issues:

Fees paid to the lawyer-guardian ad litem (L-GAL); Effect of discharge of a conservator on appeals; Mootness

Summary

In these consolidated appeals regarding a conservatorship and guardianship, the court held that appellant’s discharge as Larry’s (the then legally incapacitated person) conservator rendered these appeals moot, and appellant had no further relief he could actually obtain from the court. Thus, it dismissed the appeals. The court noted “it was appellant who moved the trial court to terminate the conservatorship.” It concluded that “appellant being discharged as the conservator for Larry provided all the relief appellant could possibly hope to obtain in this case—he is no longer required to make the payment on behalf of Larry.” Instead, the court concluded that “presumably, Larry will be required to make the payment himself.” It noted that this entire dispute was about “fees paid to the L-GAL who was appointed by the trial court to investigate a guardianship and conservatorship and to prepare a report.” There was no public significance, and “the issue is not likely to evade judicial review going forward.” Presumably, in future cases, “the actual person being ordered to pay the contested fees would file the appeal, which would avoid the mootness issue.” In fact, in the previous appeal decided by the court, “many of these same issues were raised and decided without being rendered moot.”

Full PDF Opinion