Clinton Twp. woman questions probate court’s decisions for sister’s care

Woman is caregiver but denied guardianship by judge

Kim Edwards, left, and Melissa Edwards in their Clinton Township home. JAMESON COOK — THE MACOMB DAILY

By Jameson Cook

A Clinton Township woman who takes care of her cognitively impaired sister says she has been locked out of the decision-making process by the Wayne County Probate judge, and the trustee of her sister’s estate is not providing sufficient funds.

Melissa Edwards, 40, who takes care of Kim Edwards, 46, says the trustee of Kim Edwards’ $1.4 million estate won’t provide funds to purchase a needed new vehicle, new computer and other items, including home repairs, and a Wayne County Probate judge denies her challenges to his and officials’ decisions.

Melissa Edwards says it’s what she believes is part of long-term mistreatment of her family by the court and its officers.

“My sister Kim Marie Edwards and my family’s rights have been getting violated for years by officers of the Wayne County Probate Court,” Melissa Edwards said.

Kim Edwards has cognitive issues resulting from going without oxygen for nearly 15 minutes in 2004 when she had a cardiac arrest during childbirth. She gained a $3 million settlement with the hospital.

Melissa Edwards, who is a paralegal, was denied guardianship over her sister by Judge David Braxton after their mother, who was the guardian, died in 2018. The current guardian is Joya Garland of Michigan Guardian Services in Taylor.

The judge also denied Edwards’ attempt to move the case to Macomb County.

Melissa is her sister’s caregiver, earning a salary of $18 per hour for 40 hours per week although she says the job is around the clock. The sisters reside with Kim Edwards’ 18-year-old daughter, Taylor, in the 2,500-foot single-family home off Clinton River Road. The house was bought by the Kim Edwards trust in 2011 for $330,000, according to township records.

Braxton indicated appointing Melissa Edwards would be a conflict of interest, according to Edwards’ retained attorney Phillip Strehle, who says Braxton should have appointed Melissa to the post.

“There is no other person who understands Kim’s needs better than Melissa,” Strehle said. “There is no conflict of interest. The court can only appoint a (non-relative) guardian when no one else is available.”

He said Melissa was denied guardianship and lost other court rulings because she is outspoken and “challenges everything the guardian and trustee does.”

“The sole job of all of the people appointed to the case and the judge is to protect Kim, and none of that is happening,” he said.

James McCann, the guardian ad litem for Kim Edwards, defended the court and officials, saying that after the sisters’ mother died, officials discovered poor conditions at the house, where Melissa Edwards was residing and had influence. He said there was a cockroach infestation, holes in walls, and a lack of dressers to store clothes in the bedrooms. “Conditions were impossible,” he said.

“There have been numerous issues that have come up over the years regarding the care by Melissa,” he said. “That is why, in my opinion, the court has not acted to appoint her.”

But Edwards disputes those claims, saying there was a delay by the trustee in hiring a pet-control company to eliminated the roach infestation in 2011 or 2012; the company was successful. She said dressers were situated in large closets.

She said she disputes other information McCann has included in his reports.

She said the estate’s trustee, Mark Haywood, has responded slowly to needed repairs at the house, causing some things to go into disrepair, in addition to not providing funds to buy a new car, furniture, TV and computer.

She said she has dipped into her own funds for some repairs, and to purchase a couch-loveseat set and a preowned Jeep, which carries a $15,000 loan. She said she bought the car because Haywood has not allowed for repair of the transmission of Kim Edwards’ Kia Sorrento, which stopped running last July. The Sorrento was used to transport Kim Edwards, who can’t drive. Edwards said she also has an old Ford Taurus that is broken down.

She questioned other decisions by Haywood over the years and a drop of nearly $300,000 drop in the estate’s value during a recent period. McCann said Haywood accurately reported the loss, which was a result of the March 2020 stock market crash.

Haywood declined to comment to The Macomb Daily on Monday, saying he does not comment on ongoing cases.

Attorney Bruce Rice, representing Michigan Guardian Services, said Melissa Edwards has been uncooperative. His client recently withheld Kim Edwards’ $1,100 monthly Social Security payment because Melissa Edwards has not allowed the guardian a personal visit.

“We want to find out where she is and her living conditions,” Rice said.

Melissa Edwards earns $37,400 per year for her caregiver duties.

Braxton also has ruled that Edwards does not have “standing” to object to his decisions since she is merely her sister’s caregiver. After he denied a motion by Edwards, he ruled that she must post a $2,000 bond to file future motions, according to Edwards.

Strehle said his client should have standing.

“She is greatly affected by everything that’s done with the trust,” he said. “She’s out $18,000 as a consequence of these decisions.”

Strehle criticized the fact that Braxton on Monday approved Haywood’s “12th accounting” of the estate for the year ending February 2022 without conducting a hearing.

A court official merely told onlookers at the Zoom hearing that the accounting was “approved.”

Strehle did not get a chance to speak; Braxton recently ruled that Strehle also does not have standing, Strehle said.

The accounting was reviewed and OK’d by McCann. The only part questioned by McCann was $10,000 spent for electricity. Edwards she has no explanation for it because they do not overuse electricity.

The report says the trust gained a net value of $2,000, with $104,000 in income and $102,000 in expenses.

Strehle, who was hired by Edwards less than a year ago, said the lack of input allowed for the report is an example of “strange” and improper court procedures since he joined in the case.

“I’ve been an attorney for over 30 years and never have seen this before,” he said. “It’s just bizarre.”

Wayne County Probate Court remains closed to the public due to COVID-19 protocols so the use of Zoom and online access are required for hearings and to access documents, though Strehle said he has been unable to access documents that are over a half-year old.

Now that Taylor Edwards is an adult at 18, the Chippewa Valley High School senior is seeking to become her mother’s guardian. A hearing is scheduled for March 9.

“I have to step up,” Taylor Edwards said. “Being the only child, I think legally I should be the next one up to take care of her.”

Rice said Michigan Guardian Services does not object to a qualified person taking over as guardian. Michigan Guardian will support Taylor Edwards’ request if she is qualified. The guardian would oppose Melissa Edwards as the new guardian.

“My client has no problem resigning as long as someone suitable takes over,” he said. “We don’t think Melissa Edwards is suitable.”

Melissa Edwards, right, is joined by her sister, Kim, and Kim’s daughter, Taylor, on their living room couch in their Clinton Township home.JAMESON COOK — THE MACOMB DAILY

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Clinton Twp. woman questions probate court’s decisions for sister’s care