The Court of Appeals affirmed the Trial Court’s award of treble damages as to the documented pecuniary losses, reversed the award of trebled investigatory expenses, vacated the awards for investigatory expenses and attorney fees, and remanded for further proceedings.

The Court reversed and remanded the Trial Court’s finding that GM was an incapacitated individual subject to a guardianship and conservatorship because DHHS did not prove by clear and convincing evidence that both MCL 700.5306 and MCL 700.5401 were met.

The Trial Court erred when it effectively changed physical custody based solely on an in camera interview with the children without making findings regarding whether the change would alter the established custodial environment and applying the appropriate burden of proof, whether modification was in the children’s best interests.

A referring attorney must have an attorney-client relationship with the individual being referred in order for a fee-splitting agreement to be valid.

The COA held in a published opinion that the trial court does not have to find that termination is in the best interests of the child by clear and convincing evidence but only by a preponderance of the evidence.