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In re Guardianship of Brosamer

Court of Appeals of Michigan

May 16, 2019

IN RE GUARDIANSHIP OF Lisa BROSAMER. Patricia Brosamer, Guardian of Lisa Brosamer, a legally protected person, Petitioner-Appellee,
v.
Lenawee Community Mental Health Authority, Respondent-Appellant.

         Submitted May 8, 2019, at Detroit.

Page 871

[Copyrighted Material Omitted]

Page 872

          Lenawee Probate Court, LC No. 79-033680-DD, Gregg P. Iddings, J.

         Thomas L. Stringer for petitioner.

         Abbott Nicholson, PC (by John R. McGlinchey and Kristen L. Baiardi) for respondent.

         Before: Redford, P.J., and Markey and K. F. Kelly, JJ.

          OPINION

          PER CURIAM.

         In this guardianship case, respondent, the Lenawee Community Mental Health Authority, appeals as of right the probate court’s order enjoining respondent from transferring a protected individual, Lisa Brosamer (Lisa), from one community residential placement (College Avenue, where Lisa has resided since 2009) to another residential placement (Westhaven). Respondent contends on appeal that (1) the probate court erroneously applied MCL 330.1536 and effectively rewrote the statute and (2) the probate court abused its discretion by granting permanent injunctive relief. We disagree and affirm.

          I. BASIC FACTS

          Lisa is severely intellectually disabled and unable to care for herself or manage her estate. Her mother was Lisa’s predecessor guardian and cared for Lisa in her home from Lisa’s birth on February 22, 1961, through October 3, 2006, when, because of her mother’s declining health, Lisa transitioned to a residential treatment facility at 3376 Marvin Drive in Adrian. On March 7, 2008, Lisa was transferred to a different facility at 451 South Main Street in Adrian. Finally, on March 1, 2009, Lisa was transferred to her current residence at College Avenue. Petitioner, Patricia Brosamer, was appointed successor plenary guardian of Lisa on December 2, 2009.

         On September 26, 2018, petitioner filed the petition that led to this appeal. Petitioner contended that respondent was planning to transfer Lisa from College Avenue to another community placement at Westhaven and sought an ex parte order denying the transfer on the ground that it would be detrimental to Lisa pursuant to MCL 330.1536. The probate ...


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