IN RE GUARDIANSHIP OF MALLOY

No. 165018, No. 165020.

15 N.W.3d 142 (2024)

513 Mich. 148

IN RE GUARDIANSHIP OF Mary Ann MALLOY. Darren Findling, Coguardian of Mary Ann Malloy, a legally protected person, and Darren Findling Law Firm, PLC, Plaintiffs-Appellees, and Patrick Malloy, Coguardian of Mary Ann Malloy, a legally protected person, and Kathern Malloy, Plaintiffs, v. Auto-Owners Insurance Company, Defendant-Appellant. In re Guardianship of Dana Jenkins. Darren Findling, Guardian of Dana Jenkins, a legally protected person, and Darren Findling Law Firm, PLC, Plaintiffs-Appellees, v. Auto-Owners Insurance Company, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 28, 2024.


Attorney(s) appearing for the Case

Speaker Law Firm, PLLC (by Liisa R. Speaker, Kalamazoo and Jordan M. Ahlers) for Darren Findling and the Darren Findling Law Firm, PLC.

Collins Einhorn Farrell PC, Southfield (by Erin J. Rodenhouse) for Auto-Owners Insurance Company.

Barron, Rosenberg, Mayoras & Mayoras, PC, Troy (by Andrew W. Mayoras) for the Probate and Estate Planning Section of the State Bar of Michigan, amicus curiae.

Richard E. Shaw, Detroit, for the Michigan Guardianship Association, amicus curiae.

Nicole Shannon and Allie Corcoran (under MCR 8.120(D)(3)) for the Michigan Elder Justice Initiative, amicus curiae.

BEFORE THE ENTIRE BENCH


OPINION

This case raises the important questions of whether and when professional guardians may use employees to perform guardianship tasks on their behalf. While these specific cases are billing disputes between a professional guardian and a no-fault insurer, the issue presented has significant practical implications for...

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