IN RE GUARDIANSHIP OF Lisa BROSAMER. Patricia Brosamer, Guardian of Lisa Brosamer, a legally protected person, Petitioner-Appellee,
Lenawee Community Mental Health Authority, Respondent-Appellant.
May 8, 2019, at Detroit.
[Copyrighted Material Omitted]
Lenawee Probate Court, LC No. 79-033680-DD, Gregg P. Iddings,
L. Stringer for petitioner.
Nicholson, PC (by John R. McGlinchey and Kristen L. Baiardi)
Redford, P.J., and Markey and K. F. Kelly, JJ.
guardianship case, respondent, the Lenawee Community Mental
Health Authority, appeals as of right the probate courts
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.
is severely intellectually disabled and unable to care for
herself or manage her estate. Her mother was Lisas
predecessor guardian and cared for Lisa in her home from
Lisas birth on February 22, 1961, through October 3, 2006,
when, because of her mothers 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.
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