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.