Heinz v. Auto Club Ins Ass'n

In Heinz v. Auto Club Ins Ass'n, 214 Mich App 195; 543 NW2d 4 (1995), the plaintiff was appointed as guardian and conservator for William Bannister who was incapacitated as a result of an automobile accident. Two years after the accident, Bannister died. The plaintiff then became the personal representative of Bannister's estate. The plaintiff sought to recover fees and expenses associated with the guardianship during Bannister's period of incapacity. The defendant argued that 3107 was limited to recovery of medical care expenses. The Court held that "if a person is so seriously injured in an automobile accident that it is necessary to appoint a guardian and conservator for that person, the services performed by the guardian and conservator are reasonably necessary to provide for the person's care." Id. at 198.