UGH! HABEAS CORPUS IN PROBATE

UGH!  HABEAS CORPUS IN PROBATE

The Probate Pro was recently retained to represent a guardian and conservator of an out of state matter in which the person under protection was placed by the guardian in a rehabilitation facility in Michigan.  A non-family member, allegedly on behalf of the person under protection, filed a Writ of Habeas Corpus seeking to release him from the facility.

As a probate practitioner, the first thing I had to do was remember to go back to the books to re-learn my habeas corpus course from law school!  The petitioner’s strategy was unique because habeas corpus is a proceeding used in criminal proceedings to release an inmate from a government entity.  The Probate Pro argued that the petitioner lacked standing to bring the matter on behalf of the person under protection, lacked jurisdiction, and that a writ of habeas corpus was not an appropriate remedy in these circumstances.  On summary disposition, the Oakland County Circuit Court ruled on behalf of my client.

If you have a bizarre fact pattern or an ugly mess, The Probate Pro is interested.  Ugly messes are our passion.