Michigan Court of Appeals; Docket #283527; Published
Judges Saad, Sawyer, and Borrello; Unanimous; per curiam
Official Michigan Reporter Citation: 286 Mich. App. 132, Link to Opinion 
STATUTORY INDEXING:
Allowable expenses for conservatorships and guardianships [3107(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous per curiam opinion, which was decided on August 6, 2009 and approved for publication on November 3, 2009, the Court of Appeals held that the insurer was required to pay attorney fees to petitioner’s attorney, under MCL 500.3107(1)(a), finding that the attorney’s legal services were necessary to determine whether the petitioner was receiving necessary care, as well as to represent the petitioner’s interests in a dispute regarding her future care.
In this case, petitioner’s father filed three emergency petitions claiming that petitioner’s health had been negatively affected by the actions of her guardian. An attorney visited petitioner’s home and determined that a medical professional should assess the situation. A nurse assigned to the case produced reports which the attorney reviewed. The attorney also attended depositions where medical professionals testified regarding whether the petitioner’s needs were being met. Therefore, the court found that because the attorney’s ultimate task was to determine whether the petitioner was receiving the care she required, and to represent her interests in a dispute over who would provide her future care, the attorney’s services were directly related to the petitioner’s care and, therefore, the attorney’s fees were an allowable expense under MCL 500.3107(1)(a). In this regard, the court stated:
“Wright’s ultimate task was to investigate the facts and determine whether petitioner was receiving the necessary care, as well as represent her interests in a dispute over who, ultimately, would provide her future care. Wright’s legal services were directly related to petitioner’s care, and therefore, Wright’s attorney fees are allowable expenses pursuant to MCL 500.3107(1)(a).”
