Implied Consent Hearings

Under Michigan law, your use of roads and highways is held to show your implied consent to provide breath alcohol testing. MCLA §257.625c. Thus, there are consequences for your refusal to submit to the testing, that you have “impliedly consented” to giving. If you have refused breath alcohol testing, you have 14 days from the…

Preliminary Breath Tests – PBT’s

PBT’s are administered by officers out in the field, to help verify if the motorist has been driving under the influence. Because PBT’s are not as accurate as the in-station DataMaster machines, the results are typically not admissible, although there are exceptions to that rule (e.g., to help defend against a challenge to the arrest;…

Decedents’ Estates

The next area of Probate Court jurisdiction, is that of decedents’ estates. These estates are handled differently, depending on how much, and what kind of assets are involved, whether Court supervision is required or desired, whether there is a will or not, and on other factors too numerous, and case-specific to list out here.

Conservatorships

A Conservatorship is the same as a Guardianship, in that it is authority granted by the Probate Court, to act for another.  It is different, because a Conservatorship authorizes one person to handle another’s business affairs.   Conservatorships can be helpful to protect the assets of a person, whose mental incapacity, or youth, might render them vulnerable to…

Guardianships

Most of us are able to make our own decisions on matters of housing, medical care, education and the like.  Some of us are not.  A person appointed by a Probate Court, to make decisions in such matters (as opposed to business/property matters) is called a Guardian.  There are many situations in which a Guardianship can be…

Guardians Ad Litem – Powers of Attorney

You will not likely be hiring me as a “Guardians Ad Litem”, but you might have to deal with one, after we file our Petition for Guardianship, Conservatorship, or other Probate Court petition.  Guardians Ad Litem, or GAL’s are local attorneys, appointed by the Probate Judge, to help investigate and report to the Judge on the merits…