Utica couple's family regains guardianship to end legal dispute

By Jameson Cook

Marcie Mitchell, left, smiles at her cousin, Gretchen Sommers, who was instrumental in helping Mitchell regain guardianship over her father, Robert Mitchell of Utica, on Wednesday in a hallway of the Macomb County courthouse in Mount Clemens.
JAMESON COOK--THE MACOMB DAILY

The family of a Utica husband and wife in declining health regained guardianship over them Wednesday in a settlement of a legal dispute over their care.

Marcie Mitchell was granted guardianship over her father, Robert, 73, and Anita Little gained guardianship over her sister, Barbara Delbridge, 70, in an agreement approved by Judge James Biernat Jr., serving as a substitute Macomb County Probate Court jurist.

Mitchell and Little were elated with the outcome in light of last November's rejection of Mitchell's request to be named permanent guardian. Macomb County Probate Judge Kathryn George instead named a Clinton Township company as guardian, a ruling that prompted a state investigation into her rulings in this and other cases.

Anita Little listens to her attorney, Frank Cusumano, on Wednesday in Macomb County Probate Court where Little gained guardianship over her sister, Barbara Delbridge, as temporary guardian Terry Gilsenan, second from right, and temporary conservator Martin Brosnan observe.
JAMESON COOK--THE MACOMB DAILY

“It’s been a long road but justice was served today,” Marcie Mitchell said outside the courtroom surrounded by about 20 supporters. “Amazing.

“Emotionally, it’s been very difficult. I don’t think without the support of our friends and family, we would’ve been able to do it. I don’t think I can thank everybody enough for the support they’ve given us.”

The dispute became well-publicized in May when Marcie Mitchell of Clarkston complained to WXYZ-TV (Channel 7), prompting the state Attorney General’s office to initiate an investigation.

Mitchell complained George unnecessarily appointed a for-profit company, Caring Hearts Michigan in Clinton Township, which hired Executive Services to perform care taking work.  The two companies are owned by the same person.

Mitchell and other family members complained their visits were limited, including not seeing the couple for a month. The caregivers installed a 6-foot fence around the property near Hall Road and Van Dyke Avenue that blocks the vision of family members who reside next door, and the couple was not allowed to leave, family members said.

The families raised questions about care-taking spending from the couple's more than $2.5 million in assets.

In making her Nov. 28 ruling, George said she had “grave concerns” that Robert Mitchell was allowed to drive alone to northern Michigan to go hunting.

E. Philip Adamaszek, who served as the couple’s attorney, told Biernat during a June 17 court hearing he had concerns about prior care that was provided by Marcie Mitchell and other family members. He said after the hearing the couple was neglected.

However, the family refuted most of his concerns and noted that Adamaszek learned of them second-hand from Executive Services care givers.

Barbara Delbridge and Robert Mitchell

Caring Hearts and Executive Services in early June withdrew from serving as guardian and caretaker. Attorney Terry Gilsenan was named temporary guardian, and attorney Martin Brosnan was name temporary conservator.

Biernat at the June 17 hearing scheduled an evidentiary hearing for Wednesday where some of the care givers and Mitchell and Little could have testified.

But it was averted after lawyers had negotiated prior to the hearing and spent more than an hour Wednesday drafting a two-page order that was signed by the judge and interested parties, including Marcie Mitchell’s brother, Corey Mitchell. In the order, Marcie Mitchell and Little were not only named guardianship but in about two months will take over as the couples’ conservator, overseeing finances.

Adamaszek attended Wednesday's hearing but did not participate in the settlement process.

“It’s a good day for Lady Justice,” Little’s attorney, Frank Cusumano, remarked afterward. “It shows these decisions are best left to the family who acts out of love, not for profit.”

Marcie Mitchell said the condition of her father has declined over the last eight months of the dispute.

“My dad’s gone downhill pretty bad, and I can’t get that time back,” Mitchell said. “Enjoy the time we have.”

Mitchell said she and Little have already arranged for care givers to work for the couple, who will be placed in a care facility.

“We’re already looking at nursing homes in Grand Blanc that we can now move forward with and get on a waiting list," Mitchell said.

Marcie Mitchell listens to her attorney, Tim Flynn, on Wednesday in Macomb County Probate Court in Mount Clemens.
JAMESON COOK--THE MACOMB DAILY

Little added: "There should be enough (money) left to be able to provide them with excellent care they're going to get."

Mitchell and Little said their concerns about any potential unnecessary spending could be addressed in an upcoming conservator report.

Brosnan will remain conservator until those duties are transferred to Mitchell and Little.

George was subject of scrutiny by state officials and removed as chief probate judge more than 10 years ago for her relationship with a now-defunct guardianship company, conflict with the second probate judge and dysfunction at the court.

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Utica couple's family regains guardianship to end legal dispute