Marquette Circuit Court; Docket No. 90-24588-CZ;
Judge Edward A. Quinnell; Unpublished
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 decision of apparent first impression, Judge Quinnell held that the fees of the guardian ad litem and the guardian's attorney fees were recoverable under §3107 as no-fault benefits necessary for the "reasonable care" of the injured person.
The injured person was comatose following the automobile accident and required the appointment of a guardian (his mother) and a guardian ad litem for purposes of the probate court proceedings. The guardian ad litem (an attorney) and the guardian's attorney submitted bills in the probate court guardianship proceeding, which were approved by the probate court. When the no-fault carrier refused to pay these bills, action was brought and the circuit court ruled that these were reasonable expenses necessary for the care of the injured person under §3107.