Michigan Court of Appeals; Docket #230631; Unpublished
Judges Talbot, Neff and Fitzgerald; unanimous; per curiam
Official Michigan Reporter Citation: Not Applicable, Link to Opinion 
STATUTORY INDEXING:
Allowable Expenses for Conservatorships and Guardianships [3107(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in which the trial court granted plaintiff $24,391.75 on his claim for reimbursement of fiduciary fees and expenses related to the guardianship of plaintiff’s ward, Jimmy Duncan, who sustained serious brain and other injuries as a result of a truck accident, which injuries necessitated the appointment of a guardian.
The fees for the fiduciary were approved in the probate court and paid from the assets of the estate. Plaintiff thereafter commenced action against AAA, Duncan’s no-fault insurer, alleging that AAA was liable for the fiduciary fees associated with the guardianship. The trial court relied on Heinz v Auto Club Insurance Association, 214 Mich App 195; 543 NW2d 4 (1995), in upholding the fees.
On appeal, the Court of Appeals rejected defendant’s argument that the plain meaning of section 3107(1)(a) provided only for medical care. The court held that Heinz is directly on point with regard to the issue of such fees and is binding authority under MCR 7.215(I).
