The Fortress: Profiting From Protection

By Gretchen Rachel Hammond
Part three of five

It was December 18, 2018, and in the lockdown Alzheimer’s unit of Lahser Hills Care Center in Southfield, Michigan, 64-year-old Virgil sat at a rectangular, plastic lunch table with a small and untouched plate of food in front of him.

The lockdown unit is on the second floor of the facility and only accessible from the main entrance via a code-restricted elevator, the doors of which open into a common area that looks like a hybrid of a hospital ward and prison dayroom.

Legally deaf, Virgil (whose last name is omitted for privacy reasons) stared directly ahead. He made no eye contact, but his expression was one of despair. His only answer to questions from this investigation was given through a single, cinematic tear that ran down his cheek, which he made no attempt to wipe away.

For 40 years, Virgil had lived in his childhood home in Pontiac under the care of his mother Beth. After she passed away and left the home to Virgil, the neighbors, with whom both mother and son were close, stepped in and helped wherever they could. Virgil was not a wealthy man. He had no savings to speak of, and his only income came via a Social Security check.

However, he did have property.

Jennifer Carney

In late 2016, Oakland County Public Administrator Jennifer Carney was given control over that property alongside Virgil’s income, identity, possessions, and future after he was placed under her guardianship by Oakland County Probate Court Chief Judge Kathleen Ryan. It all began when a petition for guardianship was filed in the court by Michigan Adult Protective Services (APS). The reasons for the guardianship began “[Virgil] is deaf.”

Virgil was adamant that he did not want to leave his childhood home, something he was able to express to his Guardian ad Litem (GAL), a probate attorney assigned by the court to investigate the allegations, inform Virgil about his rights, note his objections and make recommendations as to whether guardianship is warranted. Virgil’s feelings were echoed by his neighbors in letters to Ryan.

On August 11, 2017, Carney met with Virgil at his home. In his subsequent report, the GAL noted that, “Ms. Carney indicated a willingness to allow for a temporary move, while determining if MORC [Macomb Oakland Regional Center] services are available to allow [Virgil] to remain in his home.”'

Losing a Home (Twice)
Carney’s accounting shows that, from her point of view, Virgil’s forced relocation was far from temporary.

On September 25, 2017, Carney’s office told Lahser Hills that “the plan is for Virgil to be there long-term.” By November, Carney was billing Virgil $10.50 per-call for back-and-forth calls between her office and a property preservation services company called Wolverine Securing, which was disposing of “[Forty] yards of debris” from inside Virgil’s home. It was not explained, in the line item, whether this included any of personal belongings. However, on November 27, Carney’s accounts note that Virgil’s sister called to inform the Public Administrator that that she had taken “some photos etc. out of the house.”

According to those same accounts, the sale of Virgil’s “Property-auto/personal” netted a total of $842. It is unknown whether Carney took a car or if Virgil even owned one. However, what is clear is that she paid Wolverine Securing $1,969. The Better Business Bureau (BBB) lists the Wolverine Securing headquarters with the same Clawson Tank Drive, Clarkston, address as the law firm of former Oakland County Public Administrator Jon Munger. Carney was employed by Munger before forming her own practice in 2017.

Virgil’s home was listed on February 20, 2018, for $44,900 and was taken off the market one day later. A line-item in Carney’s accounting shows that the realtor called her office one week before the home was listed with information about a potential buyer.
On February 23, 2018, Carney filed a petition with Ryan to sell Virgil’s home for $41,400.

The only evidence of the home’s value, attached to the petition, was an Oakland County tax assessment, which was not dated. In the document, Carney noted a total of $6,172.35 in unpaid taxes and mortgage on the property.

On November 8, 2018, Earnest Inc. signed a Quit Claim Deed ( a document transferring interest in property from one individual/company to another) for the property to a Florida company, Evergreen Mortgage Notes, for $10.

Today, Virgil’s former home is listed for sale at $89,500 (reduced from the original list price of $104,900).

Accounting Questions
In 2018, Carney applied for and received Medicaid on behalf of Virgil, with a $1,123-per-month patient pay amount, paid to a facility outside of the bills covered by Virgil’s Medicaid or insurance benefits. She indicated that Virgil also received Medicare.

A February 16, 2018, line item shows that Carney’s office contacted an attorney and limited-license psychologist, who is on the Oakland County Probate Court’s list of individuals conducting Independent Medical Examinations (IMEs) for the developmentally disabled. She advised him that “the house is up for sale. Once we have those funds, we will be able to pay the bill.”

According to her account, filed one year later, Virgil’s annual income was $16,821.04. However, his expenses totaled $50,851.55.

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The Fortress: Part Three of Five: Profiting From Protection