Michigan Supreme Court

In Re Guardianship of Mary Ann Malloy

May 28, 2024

Summary

The Court held that a professional guardian must comply with MCL 700.5103 to delegate final decision-making authority over a guardianship power listed in MCL 700.5314 or over a task that alters or impairs the ward's rights, duties, liabilities, or legal relations. The statute does not require formal delegation for employees who assist the guardian in making or carrying out such decisions or who perform other guardianship duties, although the guardian retains ultimate responsibility. The Court vacated the lower courts' summary-disposition rulings because the undeveloped record did not permit classifying the employees' specific services.