In Re Guardianship of Dana Jenkins

Summary

The Michigan Supreme Court held that a professional guardian must comply with MCL 700.5103 before delegating to employees final decision-making authority over a guardianship power expressly listed in MCL 700.5314 or over a task that alters or impairs the ward’s rights, duties, liabilities, or legal relations. Employees may otherwise assist with guardianship powers or perform guardianship duties without a formal power of attorney, although the appointed guardian retains ultimate responsibility. The Court vacated the lower courts’ summary-disposition rulings and remanded for fact-specific proceedings because the record and discovery were insufficient to determine which services involved delegated decision-making authority.