Special needs trust; Guardian removal; Temporary guardian; Estates & Protected Individuals Code (EPIC); MCL 700.5312(2); MCL 700.5311; Due process; Notice & opportunity to be heard; Trust proceeding; Guardianship proceeding; Interested persons; MCR 5.102; MCR 5.107(A); MCL 700.1105(c); In re Rhea Brody Living Trust; Signed order in the case file requirement; MCR 2.602(D)

The court held that the probate court erred by suspending appellant as incapacitated BJ’s guardian and appointing a temporary guardian during a trust-case hearing on a special fiduciary’s petition for instruction. BJ suffered a traumatic brain injury, lived in a home modified for his needs, and had a special needs trust. Appellant, who was BJ’s guardian and primary caregiver, was suspended after the special fiduciary raised concerns in the trust case about caregiver payments, alleged food insecurity, and potential conflict between appellant’s caregiver and guardian roles. On appeal, the court held that the record did not support temporary suspension under MCL 700.5312(2) because the probate court “clearly erred when it determined that [appellant] was ‘not effectively performing the guardian’s duties’ and that BJ’s ‘welfare required immediate action.’” The court also held that reversal was required because the suspension and temporary-guardian appointment occurred in the trust case, not the guardianship case, and the order’s “actual import was on the guardianship case.” Because that procedure deprived interested persons in the guardianship case of proper notice and an opportunity to be heard, the court directed that “issues pertaining to BJ’s guardianship should be heard and addressed in the probate court guardianship case.” Reversed and remanded.