Michigan Court of Appeals; Docket No. 02-794-NF; Written
Honorable William E. Collette
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 written Opinion, Judge Collette held that plaintiff was entitled to recover “conservator fees and other conservator expenses” pursuant to MCL 500.3107(1)(a) of the No-Fault Act.
The court ruled that the case of Heinz v Auto Club Insurance Association, 214 Mich App 195 (1995) is controlling. In that case, the Court of Appeals held that if a person is so seriously injured in an automobile accident that it is necessary to appoint a guardian and conservator for that person, the services performed by the guardian and conservator are reasonably necessary to provide for the person’s care. Therefore, they are allowable expenses under section 3107.
Judge Collette rejected Allstate’s argument that Heinz can only be read to indicate that guardian and conservatorship services are only reimbursable when those services are related to medical decision making and life care decisions. Judge Collette found that Heinz was the proper law to follow under the agreed facts of this case and that conservatorship fees and expenses were payable under section 3107 pursuant to Heinz.
