National Association to Stop Guardian Abuse: Utica guardianship dispute remains unresolved following court hearing

Tuesday, June 18, 2019

Utica guardianship dispute remains unresolved following court hearing

Marcie Mitchell at guardianship hearing for her father & step-mother.

The permanent guardianship over a Utica couple remains unresolved Monday following a court hearing at which the couple’s attorney raised questions about their family taking over the role.

Judge James Biernat Jr. scheduled a June 26 evidentiary hearing on the matter after attorney E. Philip Adamaszek said he opposed Marcie Mitchell, the daughter of Robert Mitchell, 73, taking over the guardianship of him and his wife, Barbara Delbridge, 70.

The couple are not capable of caring for themselves.

The case has prompted Attorney General Dana Nessel to begin an investigation into Macomb County Probate Judge Kathryn George’s handling of this and possibly other cases. An assistant attorney general attended Monday’s hearing to observe.

Adamszek, who is serving as “guardian ad litem,” told Biernat during a hearing in the Macomb County courthouse he has concerns about prior care provided by Marcie Mitchell of Clarkston and other family members, before Caring Hearts Michigan was appointed guardian and conservator by George last November. He said after the hearing the couple was neglected.

Attorney Earl Philip Adamszek, guardian ad litem for Robert Mitchell and Barbara Delbridge, at the hearing Monday in Macomb County Probate Court.
JAMESON COOK--THE MACOMB DAILY

But Marcie Mitchell’s attorney, Tim Flynn, said at the hearing Marcie Mitchell and other family members refute many of Adamszek’s allegations. They added the report differs from conclusions by the couple’s prior attorney, who said they were being cared for properly.

A button worn by a supporter of the Mitchell family on Monday at a hearing at Macomb County Probate Court in Mount Clemens.
MACOMB DAILY PHOTO

The disagreement prompted Biernat to schedule a hearing on whether to appoint Marcie Mitchell as the guardian for her father and Delbridge, and whether Delbridge’s sister, Anita Little, should be appointed co-guardian for Delbridge.

The case drew attention last month after Marcie Mitchell and other family members complained about Caring Hearts’ treatment of the couple, saying the company was isolating them by having a 6-foot wooden fence constructed around the perimeter of the property, using the couple's funds, and that family members were being prevented from visiting for a month.

The couple's assets are valued at more than $2.5 million.

Tim Flynn, attorney for Marcie Mitchell and her family, appears at the hearing Monday in Macomb County Probate Court.
JAMESON COOK--THE MACOMB DAILY

The family also raised concerns about Caring Hearts serving as guardian and conservator after it hired Executive Services because both companies are owned by the same person, Cathy Kirk. Caring Hearts was represented by attorney Michael Taylor, also the mayor of Sterling Heights, who practices at Kirk, Huth, Lange & Badalamenti. Cathy Kirk’s husband, Robert, is a partner in the Clinton Township firm.

After state court officials and the attorney general’s office got involved, Biernat, who is the chief judge of the county courts, removed the case from George. Biernat, who typically presides over criminal and civil cases, is now hearing it.

Caring Hearts two weeks ago withdrew from the case, and its withdrawal was formally accepted Monday. Attorney Terry Gilsenan was named temporary guardian, and Freedom Health was hired to provided care for the couple.

Gilsenan said at the hearing he does not wish to be appointed permanent guardian.

Attorney Frank Cusumano attends the hearing over the guardianship and conservatorship on Monday in Macomb County Probate Court.
JAMESON COOK--THE MACOMB DAILY