Legal Opinion

in Re guardianship/conservatorship of Harold William Gerstler

Michigan Court of Appeals

Decided June 5, 2018No. 338935PublishedCited by 2 opinions

1Opinion of the CourtGleicher, P.J.

*497 The issue presented is whether the probate court erred by appointing a public guardian and conservator for Harold Gerstler, bypassing Gerstler's daughter, Angelee Gerstler. The Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq ., establishes an order of priority that must be followed when a probate court selects a guardian and conservator for a protected person. MCL 700.5313 ; MCL 700.5409. Angelee was at the top of the list, and no evidence suggests that she was incompetent to serve or otherwise unsuitable for the position. The probate court failed to make any factual…

2Cases cited1 opinion

  1. Redd v. Carney (In re Redd)Michigan Court of Appeals · 2017

3Cited by2 opinions

  1. In Re Guardianship of Dana JenkinsMichigan Supreme Court · 2024
  2. In Re Guardianship of Mary Ann MalloyMichigan Supreme Court · 2024

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