By: Heather Catallo
(WXYZ) — She’s supposed to protect vulnerable adults, but a local
Adult Protective Services worker is accused of hiding a relative from
her siblings.
7 Investigator Heather Catallo first exposed this APS worker last year during a guardianship case that involved a Detroit grandmother. Now that worker is under fire again.
Family
members are accusing Tresna Tupper of taking their loved one and hiding
her away from them. They are also questioning whether Tupper should be
in a position of power with vulnerable seniors in our community.
Clyde Edmonds has a message for his sister: “We miss you and we coming for you.
“I want my sister home,” Edmonds added. He says he hasn’t seen his sister, Paula Tupper, in months – not even for the holidays.
“It
wasn’t right. We always get together during the holidays,” said Edmonds
as he held back tears. “Thanksgiving and Christmas, we [were] together.
We’re family, that’s how we were brought up.”
Clyde says after Paula had a stroke last summer, he tried to get
guardianship of his 68-year-old sister to help her make medical
decisions. But Clyde and Paula missed their hearing date in Wayne County
Probate Court, so the case was dismissed.
Last fall, Paula was hospitalized again. But this time, Clyde says
the sister of Paula’s late husband checked her out of the hospital and
he hasn’t seen Paula since.
“I’ve been so stressed out trying to
get help to locate my sister. I’ve been to the police station, I’m
telling them that she’s been missing for months, and I haven’t been able
to get no help from no one,” said Edmonds.
That sister-in-law is a woman named Tresna Tupper. Tresna is an
investigator for Adult Protective Services, or APS, which is a division
of the Michigan Department of Health and Human Services.
Last fall, the 7 Investigators first exposed the role that Tresna played in a different high-profile guardianship case.
Bessie Owens told us that Tupper, in her role as an APS Investigator, came into her home uninvited last year and then filed a petition to place the 78-year-old Detroit grandmother under guardianship: a guardianship Owens did not want or need.
“Did you have any notice that a guardianship case had been opened about you?” Catallo asked Owens.
“No,” Owens said.
“Nothing in writing?” Catallo asked.
“Nothing in writing,” Owens added.
A judge later dismissed the guardianship and questioned why Tupper filed without notifying Owens children.
Clyde
Edmonds also says he did not get any notice, as required by law, that
Tresna was petitioning the court to become his sister’s guardian.
Tresna said in her petition that Clyde and Paula’s friends were financially exploiting her.
Clyde says that’s not true, and he alleges Tresna is the one doing the exploiting.
“She wants Paula’s house and she want Paula’s money,” said Edmonds.
Edmonds
says Tresna’s name is now on Paula’s bank account. He finally got to
see his sister during a court hearing earlier this month. Her face lit
up with a huge smile when she saw Edmonds in the courtroom.
At that hearing, he learned Tresna had placed Paula into a group home in Detroit, and that’s not all.
“Upon
further inquiry, it does appear that the guardian has added her name to
the title to the home owned by the ward. It appears there is an
apparent conflict of interest,” said Renita Forrest, the court-appointed
attorney (known as a Guardian ad Litem) assigned to advise the ward
(Paula Tupper) of her rights.
About a month after Tresna was
granted guardianship of Paula, she filed a deed with Wayne County,
putting her name on Paula’s house.
So even though Tupper told the
judge Paula wanted her to continue as her guardian, the deed transfer
prompted Judge David Perkins to appoint an independent guardian.
“She asked me to stay,” said Tresna Tupper in court.
“I understand what she asked,” said Judge David Perkins. “I would like to see a third party appointed for now.”
After that hearing, while Paula’s friends and relatives enjoyed a reunion, we tried to talk to Tresna Tupper.
“Why haven’t you let Paula’s siblings talk to her?” Catallo asked Tupper.
“Have a good day ma’am,” said Tupper.
“Why haven’t you let her siblings talk to her?" asked Catallo.
“Ma’am you’re being rude,” said Tupper. “Have a good day.”
“No,
I’m not being rude, you work for the state, and we have some questions
for you about how you conduct your business. Why do you keep filing
petitions for guardianship instead of contacting family members?” asked
Catallo.
Tupper refused to answer and fled into an adjoining courtroom to further avoid our cameras.
She also refused to answer our questions about why she put her name on Paula Tupper’s home.
The
7 Investigators asked a spokesman of the Michigan Department of Health
and Human Services, which oversees Adult Protective Services, whether
they have done any additional training with their APS workers because of
what we’ve uncovered.
They would not answer specific questions
about employees, but did say that as a result of the questions raised by
the 7 Investigators in our last story that involved Tresna Tupper,
“Wayne County Adult Protective Services... reviewed the policies and
procedures staff are required to follow prior to filing petitions.”
The independent guardian is in place until a court hearing next month.
Full Article & Source:
'I want my sister home.' Family claims local Adult Protective Services worker hid their relative
Showing posts with label 7 Action News investigation. Show all posts
Showing posts with label 7 Action News investigation. Show all posts
Tuesday, February 4, 2020
Monday, December 30, 2019
Macomb County man at center of high profile guardianship case passes away
By: Heather Catallo
(WXYZ) — We have some sad news to pass along in a high-profile guardianship case first exposed by the 7 Investigators.
The guardianship nightmare involving Bob Mitchell and Barbara Delbridge sparked a social media firestorm and caught the attention of Michigan’s Supreme Court and Attorney General.
Sadly, Bob Mitchell passed away this week.
The 7 Investigators first showed you in May how family members said a professional guardian had prevented them from seeing Bob and Barb.
“I just want my parents back,” Marcie Mitchell told 7 Investigator Heather Catallo in May. At that point, Marcie said she wasn’t allowed past a six-foot-tall privacy fence to visit her dad and stepmom in their Utica home.
Marcie Mitchell had tried to get guardianship of Bob and Barb, but instead Macomb County Probate Judge Kathryn George appointed Caring Hearts Michigan Inc. as guardian and conservator. Caring Hearts is owned by Catherine Kirk.
After 7 Action News exposed how Kirk then hired her own home-care company and her husband’s law firm to bill Barb and Bob’s $2 million estate, the Macomb County Chief Judge stepped in and returned the couple to their family in June. The Attorney General also since removed Robert Kirk from his position as a State Public Administrator.
“The way they were returned to us was not the shape they were in when this happened. They went from being verbal, communicating, to enjoying eating and doing things, to when they were here [under guardianship] -- nothing. As far as we know they never even got to go outside, except for Bob trying to escape,” said niece Gretchen Sommer in a recent interview with Catallo.
Gretchen and Marcie have both told 7 Action News they believe both Bob and Barb were over-medicated while under guardianship with Caring Hearts.
“It’s not fair. It was taken away from him. He worked his whole life. He saved. He was smart. And then a 2-month span makes a person a completely different person that’s not functional,” said Marcie in a September interview.
In November, Barb suffered a stroke and died.
Then on Christmas Eve, family members say Bob passed away as well.
Now they’re hoping the Attorney General will keep investigating this case and other guardianship cases to make sure other vulnerable adults are not separated from their families.
“I hope they are going to get to the bottom of everything that’s happened, not only for my parents but for so many others this happened to,” said Marcie.
Lawyers for Caring Hearts Michigan have claimed family members were not properly caring for Bob and Barb, and they have asked a judge to approve more than 376-thousand dollars in legal and guardianship fees on this case. The 7 Investigators have asked multiple times since May to interview Catherine Kirk, but her lawyers have continuously declined that request.
The family is fighting the fees, and deny they neglected Bob and Barb. They will be back in court January 10, 2020.
To report elder abuse or guardianship fraud, contact the Michigan Attorney General’s office: https://www.michigan.gov/ag/0,4534,7-359-82917_92157---,00.html
If you need to file a complaint about a probate court, contact the Supreme Court Administrator’s Office: https://courts.michigan.gov/self-help/complaints/pages/default.aspx
Full Article & Source:
Macomb County man at center of high profile guardianship case passes away
See Also:
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
(WXYZ) — We have some sad news to pass along in a high-profile guardianship case first exposed by the 7 Investigators.
The guardianship nightmare involving Bob Mitchell and Barbara Delbridge sparked a social media firestorm and caught the attention of Michigan’s Supreme Court and Attorney General.
Sadly, Bob Mitchell passed away this week.
The 7 Investigators first showed you in May how family members said a professional guardian had prevented them from seeing Bob and Barb.
“I just want my parents back,” Marcie Mitchell told 7 Investigator Heather Catallo in May. At that point, Marcie said she wasn’t allowed past a six-foot-tall privacy fence to visit her dad and stepmom in their Utica home.
Marcie Mitchell had tried to get guardianship of Bob and Barb, but instead Macomb County Probate Judge Kathryn George appointed Caring Hearts Michigan Inc. as guardian and conservator. Caring Hearts is owned by Catherine Kirk.
After 7 Action News exposed how Kirk then hired her own home-care company and her husband’s law firm to bill Barb and Bob’s $2 million estate, the Macomb County Chief Judge stepped in and returned the couple to their family in June. The Attorney General also since removed Robert Kirk from his position as a State Public Administrator.
“The way they were returned to us was not the shape they were in when this happened. They went from being verbal, communicating, to enjoying eating and doing things, to when they were here [under guardianship] -- nothing. As far as we know they never even got to go outside, except for Bob trying to escape,” said niece Gretchen Sommer in a recent interview with Catallo.
Gretchen and Marcie have both told 7 Action News they believe both Bob and Barb were over-medicated while under guardianship with Caring Hearts.
“It’s not fair. It was taken away from him. He worked his whole life. He saved. He was smart. And then a 2-month span makes a person a completely different person that’s not functional,” said Marcie in a September interview.
In November, Barb suffered a stroke and died.
Then on Christmas Eve, family members say Bob passed away as well.
Now they’re hoping the Attorney General will keep investigating this case and other guardianship cases to make sure other vulnerable adults are not separated from their families.
“I hope they are going to get to the bottom of everything that’s happened, not only for my parents but for so many others this happened to,” said Marcie.
Lawyers for Caring Hearts Michigan have claimed family members were not properly caring for Bob and Barb, and they have asked a judge to approve more than 376-thousand dollars in legal and guardianship fees on this case. The 7 Investigators have asked multiple times since May to interview Catherine Kirk, but her lawyers have continuously declined that request.
The family is fighting the fees, and deny they neglected Bob and Barb. They will be back in court January 10, 2020.
To report elder abuse or guardianship fraud, contact the Michigan Attorney General’s office: https://www.michigan.gov/ag/0,4534,7-359-82917_92157---,00.html
If you need to file a complaint about a probate court, contact the Supreme Court Administrator’s Office: https://courts.michigan.gov/self-help/complaints/pages/default.aspx
Full Article & Source:
Macomb County man at center of high profile guardianship case passes away
See Also:
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
Tuesday, November 26, 2019
Court appointed guardianship could cost Macomb County family $376,000
MACOMB COUNTY, Mich. (WXYZ) — The six-month guardianship of a Macomb
County couple has racked up a total cost of $376,000. Now the couple's
family members want the court to deny those fees because they say the
guardianship never should have happened in the first place.
If a judge appoints a guardian and conservator, that person has the power to make all medical and financial decisions for a person. Now the bills from Caring Hearts Michigan have been revealed in the case of Barb and Bob.
They charged them for everything from $275 to research a Do Not Resuscitate order, to $13,000 to pay for the fence around their house.
The fence still stands around Barbara Delbridge and Bob Mitchell’s Utica home – a fence family members say blocked them from being with their loved ones. Lawyers for Caring Hearts said the fence was to keep Bob from running away
On the inside of the house, relatives say they found ripped furniture and what appears to be blood stains on the wall after six months of a court-appointed guardianship for the couple.
“It makes me so angry that time that we lost, we’ll never get back," said Gretchen Sommer, Delbridge’s niece. "The damage that was done is permanent.”
This all started in November 2018 when Marcie Mitchell petitioned the Macomb County Probate Court for guardianship of her dad and stepmom because they were becoming mentally incapacitated. However, Judge Kathryn George said she had “grave concerns” about the couple’s safety, and instead appointed Caring Hearts Michigan Inc. as guardian and conservator.
Caring Hearts is owned by Catherine Kirk. After the 7 Investigators exposed how Kirk then hired her own home-care company and her husband’s law firm to bill Barb and Bob for the guardianship, the Macomb County chief judge stepped in and returned the couple to their family.
The attorney general also intervened in the case, saying in court records that “there appears to be a clear violation of the statutes” about the guardian and conservator engaging in “self-dealing.”
”You’re being enriched through your work as the guardian in a way the law didn’t intend for you to be enriched,” said Nicole Shannon, Systemic Advocacy Attorney for the Michigan Elder Justice Initiative.
And now the 7 Investigators have obtained the bills for that alleged self-dealing:
Court records show Caring Hearts is asking for $46,123.41 for guardianship services.
Robert Kirk’s law firm billed $67,149.14 in legal fees.
And Cathy Kirk’s employee wrote in their accounting to the court, the total for Barb and Bob’s 24/7 home-care from Executive Care was $263,478.91.
That’s a total $376,751.46.
“There’s no way they stood by their fiduciary duty doing that because what they were doing was just draining their estate,” Sommer said.
Kirk also used at least four attorneys, including her husband, all of them billing at $275 an hour.
Marcie says the toughest thing to see was a lawyer fee of one hour of research on a guardian’s power to execute a Do Not Resuscitate Order.
“The hardest was when I read 'Do Not Resuscitate' order – and my parents have to pay for that? I’m sorry but it’s not fair,” said Marcie through tears.
When Sterling Heights Mayor Michael Taylor, who works for Robert Kirk’s law firm, showed up during our interview with family members last May, he charged Barb and Bob’s estate $1100 for his work that day.
In fact, Taylor’s fees on the case total $36,850, according to court records, and that doesn’t include the $542.50 just for others in the office to make copies for Taylor.
“These are humans that we’re doing this to," Sommer said. "But they don’t see them that way, they’re wards. They see the end game, the dollar sign, that’s it."
Caring Hearts has new lawyers now. They declined to talk to 7 Investigators on camera, but they argue in court filings that Caring Hearts “is entitled to every penny it seeks” because they performed “a multitude of good deeds.” They call Barb and Bob’s home a “house of horrors” and say family members were “taking advantage” of the couple’s $2 million estate. They argue Bob was physically and verbally abusive to the home-care aides.
Relatives deny that and say instead the so-called “house of horrors” was created by Caring Hearts, where Bob and Barb were over-medicated and mistreated.
“They were very harsh," Sommer said. "They would antagonize Bob. They would get in his face. They would tell him to hit them because if he did they would call the police and he’d go away to jail forever. We’re told they were forced to take cold showers, I don’t know why and it’s just heartbreaking. They were totally held hostage against their will."
After Bob and Barb were returned to their family members in June, they moved them to nursing homes where relatives say they improved dramatically.
Sadly, Barbara suffered a stroke and passed away earlier in November.
The family is continuing their legal fight, hoping to set some precedents in the courts in order to help other families fighting guardianships in Michigan.
Full Article & Source:
Court appointed guardianship could cost Macomb County family $376,000
See Also:
Family awarded guardianship of Macomb Co. couple after 7 Action News Investigation
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
If a judge appoints a guardian and conservator, that person has the power to make all medical and financial decisions for a person. Now the bills from Caring Hearts Michigan have been revealed in the case of Barb and Bob.
They charged them for everything from $275 to research a Do Not Resuscitate order, to $13,000 to pay for the fence around their house.
The fence still stands around Barbara Delbridge and Bob Mitchell’s Utica home – a fence family members say blocked them from being with their loved ones. Lawyers for Caring Hearts said the fence was to keep Bob from running away
On the inside of the house, relatives say they found ripped furniture and what appears to be blood stains on the wall after six months of a court-appointed guardianship for the couple.
“It makes me so angry that time that we lost, we’ll never get back," said Gretchen Sommer, Delbridge’s niece. "The damage that was done is permanent.”
This all started in November 2018 when Marcie Mitchell petitioned the Macomb County Probate Court for guardianship of her dad and stepmom because they were becoming mentally incapacitated. However, Judge Kathryn George said she had “grave concerns” about the couple’s safety, and instead appointed Caring Hearts Michigan Inc. as guardian and conservator.
Caring Hearts is owned by Catherine Kirk. After the 7 Investigators exposed how Kirk then hired her own home-care company and her husband’s law firm to bill Barb and Bob for the guardianship, the Macomb County chief judge stepped in and returned the couple to their family.
The attorney general also intervened in the case, saying in court records that “there appears to be a clear violation of the statutes” about the guardian and conservator engaging in “self-dealing.”
”You’re being enriched through your work as the guardian in a way the law didn’t intend for you to be enriched,” said Nicole Shannon, Systemic Advocacy Attorney for the Michigan Elder Justice Initiative.
And now the 7 Investigators have obtained the bills for that alleged self-dealing:
Court records show Caring Hearts is asking for $46,123.41 for guardianship services.
Robert Kirk’s law firm billed $67,149.14 in legal fees.
And Cathy Kirk’s employee wrote in their accounting to the court, the total for Barb and Bob’s 24/7 home-care from Executive Care was $263,478.91.
That’s a total $376,751.46.
“There’s no way they stood by their fiduciary duty doing that because what they were doing was just draining their estate,” Sommer said.
Within days of getting the appointment as conservator, Kirk and her employees had the power to start writing checks, and they wrote check after check from Barb and Bob’s account to Kirk’s two companies and the law firm.Months after @HeatherCatallo investigation into the guardianship of a Macomb County couple, we're getting a look at the fees that were charged.— WXYZ Detroit (@wxyzdetroit) November 25, 2019
Tonight on 7 Action News at 6, Catallo is asking how it's all justified. https://t.co/HHeNYPJWmB
Kirk also used at least four attorneys, including her husband, all of them billing at $275 an hour.
Marcie says the toughest thing to see was a lawyer fee of one hour of research on a guardian’s power to execute a Do Not Resuscitate Order.
“The hardest was when I read 'Do Not Resuscitate' order – and my parents have to pay for that? I’m sorry but it’s not fair,” said Marcie through tears.
When Sterling Heights Mayor Michael Taylor, who works for Robert Kirk’s law firm, showed up during our interview with family members last May, he charged Barb and Bob’s estate $1100 for his work that day.
In fact, Taylor’s fees on the case total $36,850, according to court records, and that doesn’t include the $542.50 just for others in the office to make copies for Taylor.
“These are humans that we’re doing this to," Sommer said. "But they don’t see them that way, they’re wards. They see the end game, the dollar sign, that’s it."
Caring Hearts has new lawyers now. They declined to talk to 7 Investigators on camera, but they argue in court filings that Caring Hearts “is entitled to every penny it seeks” because they performed “a multitude of good deeds.” They call Barb and Bob’s home a “house of horrors” and say family members were “taking advantage” of the couple’s $2 million estate. They argue Bob was physically and verbally abusive to the home-care aides.
Relatives deny that and say instead the so-called “house of horrors” was created by Caring Hearts, where Bob and Barb were over-medicated and mistreated.
“They were very harsh," Sommer said. "They would antagonize Bob. They would get in his face. They would tell him to hit them because if he did they would call the police and he’d go away to jail forever. We’re told they were forced to take cold showers, I don’t know why and it’s just heartbreaking. They were totally held hostage against their will."
After Bob and Barb were returned to their family members in June, they moved them to nursing homes where relatives say they improved dramatically.
Sadly, Barbara suffered a stroke and passed away earlier in November.
The family is continuing their legal fight, hoping to set some precedents in the courts in order to help other families fighting guardianships in Michigan.
Full Article & Source:
Court appointed guardianship could cost Macomb County family $376,000
See Also:
Family awarded guardianship of Macomb Co. couple after 7 Action News Investigation
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
Tuesday, October 1, 2019
Clinton Township guardianship company disputes Attorney General's intervention in probate case
A Clinton Township guardianship and conservatorship company accuses the state Attorney General of being "over-zealous" in trying to intervene in a high-profile Macomb County Probate Court case involving the company.
Caring Hearts Inc., represented by attorney Edward Nahhat, earlier this month filed a response to Attorney General Dana Nessel’s request to intervene in a review of the case involving wards Robert Mitchell and Barbara Delbridge, who were under the guardianship of Caring Hearts Inc.
Nessel questions Judge Kathryn George’s appointment of Caring Hearts, its expenditures and its decision to hire Executive Care to perform care-taking services for the couple who were living in Utica. Both companies are owned by Catherine Kirk, whose husband, Robert, is a partner in a law firm that represented Caring Hearts.
Nahhat also accuses Nessel’s office of making “overbroad” accusations in a politically-motivated effort in seeking to enter the case.
“The Attorney General’s objections … are overbroad, unsubstantiated by detail and inequitable,” Nahhat wrote. “It appears the Attorney General has misapplied this statute (one of the applicable laws) as well, in order to political scapegoat Catherine Kirk, Robert Kirk, and their respective services.
“Clearly, Caring Hearts Michigan In. and its contracted in-home health care provider (Executive Care) and its contracted law firm (Kirk, Huth, Lange and Badalamenti) provided valuable services to the benefit of the wards over a significant period of time, and was appointed by the court (Judge Kathryn George) without petitioning itself to be appointed for these individuals.”
Nahhat wrote that Judge George was aware of the relationship between Caring Hearts and Executive Care when she made the appointment.
The Attorney General Office says the appointment violated law.
Caring Hearts charged more than $250,000 for about six months of care.
Assistant Attorney General Michael Moody alleges the relationship between the companies makes the transactions involving the funds “voidable" in court documents.
The law in question says, the “Court shall not appoint as guard an agency, public or private, that financially benefits from directly providing housing, medical, mental health or social services to the legally incapacitated individual.”
Moody wrote, “The intention behind this provision is to prevent conflicts of interest.”
But Nahhat responds the Attorney General has “misapplied” the law because Caring Hearts or Executive Care have not provided any of those services.
“The Attorney General, in an over-zealous pleading, repeats general but inaccurate slanders about Caring Hearts Inc.,” Nahhat says. “The fact is that Caring Hearts Inc. never engaged in any behavior prohibited (by law).”
Nahhat also vehemently denies accusations of a conflict of interest due to the arrangement between the Kirks, accusing the Attorney General of a “wildly exaggerated interpretation” of the law “for political purposes.”
Nahhat notes Mitchell and Delbridge received something of value from the Caring Hearts and Executive Care.
He says that typical cases that violate the law involve a guardianship company hiring a family member to manage a ward’s investments.
“Nothing has been hidden in the work provided, and Catherine Kirk never involved her spouse in ‘investment or management transactions,’” he says.
A hearing in the case is set for Jan. 10 in front of circuit court Judge James Biernat Jr., who as chief judge is substituting for George in Probate Court.
Caring Hearts was first appointed as guardian and conservator for Mitchell and Delbridge, who are both over 70, over family members in November 2018.
In May, Mitchell’s daughter, Marcie, and other family members complained their visits were limited and that caregivers installed a 6-foot fence around the property near Hall Road and Van Dyke Avenue that blocked the vision of family members who resided next door. The said the couple were virtual prisoners in their home.
They also raised questions about the guardian and conservator company's spending from the couple's more than $2.5 million in assets.
Caring Hearts and Executive Services in early June withdrew from serving as guardian and conservator.
Biernat granted Marcie Mitchell guardianship and conservatorship over her father, Robert, and Anita Little gained guardianship and conservatorship over her sister, Delbridge. The conservatorships were named pending the posting of bonds.
Moody in the early-September intervention request says George violated the law by making the appointment.
Full Article & Source:
Clinton Township guardianship company disputes Attorney General's intervention in probate case
Friday, July 19, 2019
Oakland County Probate judges hire attorney under criminal investigation
By: Heather Catallo She was terminated from her position by the Attorney General and she
was at the center of a 7 Action News investigation. So why are taxpayers
now paying the salary of this local lawyer?
A criminal investigation was launched after we exposed how some public officials and real estate brokers were cashing in on probate estates, often leaving rightful heirs with very little.
So why is one of the public officials being investigated by Oakland County -- now working for Oakland County’s Probate Court?
The 7 Investigators first exposed probate attorney Barbara Andruccioli a year ago.
“How can the taxpayers have any confidence with you working here,” asked 7 Investigator Heather Catallo.
“Really, I think you probably need to talk to the judges,” said Andruccioli.
Andruccioli was a partner at Kemp Klein law firm. She was also an Attorney General-appointed Public Administrator: a public official with the authority to open probate estates after someone dies if there are no heirs available.
Court records show Andruccioli teamed up with real estate broker Ralph Roberts and his companies to open those estates, sell the homes, and cash in.
We uncovered court filings that show Andruccioli and one of Roberts’ companies, Probate Asset Recovery, were billing for thousands of dollars, while the actual heirs ended up with very little.
“They should be held accountable,” Joanne Zaremba told Catallo in 2017.
Until the 7 Investigators got involved, Zaremba had no idea that Andruccioli had opened an estate in her late mother’s name, even though under the law, Andruccioli had a duty to find the heirs.
After our investigation, Attorney General Bill Schuette terminated Andruccioli as a Public Administrator. And that’s not all: the FBI and Oakland County Sheriff’s detectives raided Ralph Roberts offices, and launched a criminal probe into the Public Administrators.
So why did the Oakland County Probate judges recently hire Andruccioli as the Probate Register for the county?
“How can the taxpayers have any confidence -- when you’re now under criminal investigation -- with you working in this court,” asked Catallo.
"That’s not true,” said Andruccioli.
“It struck me as the wolf guarding the hen house,” said Oakland County Treasurer Andy Meisner.
Oakland County Clerk Lisa Brown described her reaction when she first heard that the judges from the Probate Court (which Brown and Meisner do not oversee) hired Andruccioli: “Shock, absolute shock and bewilderment… So out of having a wonderful pool of applicants, why would you choose this person who has a cloud over them?”
In the wake of our reporting, Brown and Meisner successfully fought to change the state laws that allowed this probate practice to go on. Two bills sponsored by Rep. Jim Runestad (R-White Lake) and Rep. Jim Ellison (D-Royal Oak) were signed into law in February.
Neither Meisner nor Brown can understand why the four Oakland County Probate judges would hire Andruccioli.
“It’s natural that people that work together are going to get to know each other and establish relationships,” said Meisner. “The unusual part is when those relationships and friendships result in inappropriate preference, self-dealing, and lack of due process.”
The Probate Register oversees the daily operations of the Probate Courts Estates and Mental Health division.
Chief Probate Judge Kathleen Ryan would not talk to us on camera, but she did tell 7 Action News that the decision to hire Andruccioli as the Probate Register of the court was unanimous among all four judges and she said, “we’re confident in our hire.”
Judge Ryan also confirmed they hired Andruccioli at the top of the county pay scale, at $102,650. Also, in the past Andruccioli has given small campaign contributions to two of the judges who hired her (Judge Ryan and Judge Jennifer Callaghan), but Judge Ryan says that had no bearing on the hiring decision.
“I think it is a slap in the face to a lot of people,” said Brown. “It reduces confidence that justice will be served here.”
Officials from both the Oakland County Prosecutor’s office and Sheriff’s office tell the 7 Investigators that the criminal probe into the probate scheme and the Public Administrators is ongoing.
County officials such as the Clerk, the Treasurer and the County Executive do not have control over who the judges hire.
If you have a story for Heather, please email her at hcatallo@wxyz.com or call 248-827-4473.
Full Article & Source:
Oakland County Probate judges hire attorney under criminal investigation
A criminal investigation was launched after we exposed how some public officials and real estate brokers were cashing in on probate estates, often leaving rightful heirs with very little.
So why is one of the public officials being investigated by Oakland County -- now working for Oakland County’s Probate Court?
The 7 Investigators first exposed probate attorney Barbara Andruccioli a year ago.
“How can the taxpayers have any confidence with you working here,” asked 7 Investigator Heather Catallo.
“Really, I think you probably need to talk to the judges,” said Andruccioli.
Andruccioli was a partner at Kemp Klein law firm. She was also an Attorney General-appointed Public Administrator: a public official with the authority to open probate estates after someone dies if there are no heirs available.
Court records show Andruccioli teamed up with real estate broker Ralph Roberts and his companies to open those estates, sell the homes, and cash in.
We uncovered court filings that show Andruccioli and one of Roberts’ companies, Probate Asset Recovery, were billing for thousands of dollars, while the actual heirs ended up with very little.
“They should be held accountable,” Joanne Zaremba told Catallo in 2017.
Until the 7 Investigators got involved, Zaremba had no idea that Andruccioli had opened an estate in her late mother’s name, even though under the law, Andruccioli had a duty to find the heirs.
After our investigation, Attorney General Bill Schuette terminated Andruccioli as a Public Administrator. And that’s not all: the FBI and Oakland County Sheriff’s detectives raided Ralph Roberts offices, and launched a criminal probe into the Public Administrators.
So why did the Oakland County Probate judges recently hire Andruccioli as the Probate Register for the county?
“How can the taxpayers have any confidence -- when you’re now under criminal investigation -- with you working in this court,” asked Catallo.
"That’s not true,” said Andruccioli.
“It struck me as the wolf guarding the hen house,” said Oakland County Treasurer Andy Meisner.
Oakland County Clerk Lisa Brown described her reaction when she first heard that the judges from the Probate Court (which Brown and Meisner do not oversee) hired Andruccioli: “Shock, absolute shock and bewilderment… So out of having a wonderful pool of applicants, why would you choose this person who has a cloud over them?”
In the wake of our reporting, Brown and Meisner successfully fought to change the state laws that allowed this probate practice to go on. Two bills sponsored by Rep. Jim Runestad (R-White Lake) and Rep. Jim Ellison (D-Royal Oak) were signed into law in February.
Neither Meisner nor Brown can understand why the four Oakland County Probate judges would hire Andruccioli.
“It’s natural that people that work together are going to get to know each other and establish relationships,” said Meisner. “The unusual part is when those relationships and friendships result in inappropriate preference, self-dealing, and lack of due process.”
The Probate Register oversees the daily operations of the Probate Courts Estates and Mental Health division.
Chief Probate Judge Kathleen Ryan would not talk to us on camera, but she did tell 7 Action News that the decision to hire Andruccioli as the Probate Register of the court was unanimous among all four judges and she said, “we’re confident in our hire.”
Judge Ryan also confirmed they hired Andruccioli at the top of the county pay scale, at $102,650. Also, in the past Andruccioli has given small campaign contributions to two of the judges who hired her (Judge Ryan and Judge Jennifer Callaghan), but Judge Ryan says that had no bearing on the hiring decision.
“I think it is a slap in the face to a lot of people,” said Brown. “It reduces confidence that justice will be served here.”
Officials from both the Oakland County Prosecutor’s office and Sheriff’s office tell the 7 Investigators that the criminal probe into the probate scheme and the Public Administrators is ongoing.
County officials such as the Clerk, the Treasurer and the County Executive do not have control over who the judges hire.
If you have a story for Heather, please email her at hcatallo@wxyz.com or call 248-827-4473.
Full Article & Source:
Oakland County Probate judges hire attorney under criminal investigation
Thursday, June 27, 2019
Family awarded guardianship of Macomb Co. couple after 7 Action News Investigation
MOUNT CLEMENS, Mich. (WXYZ) — After 8 months, a Macomb County couple is back in the care of their relatives.
It’s a controversial guardianship case that’s caught the attention of the Supreme Court and the Attorney General.
Marcie will now be the guardian for her father. Marcie’s Aunt, Anita Little, will become the guardian for her step mother. That means relatives will be making all of their medical and legal decisions for them, instead of a guardianship company.
Both Barb and Bob are suffering from dementia and other health issues.
Macomb County Probate Judge Kathryn George refused to appoint Marcie as guardian back in November. Instead she appointed a company called Caring Hearts Michigan Inc, that’s owned by Cathy Kirk. Kirk then hired her own company called Executive Care to provide 24/7 home care to Bob and Barb, which legal experts say is not allowed under the probate laws.
Bob and Barb’s relatives say Caring Hearts stopped letting them visit and built a six-foot tall privacy fence around their Utica home. Caring Hearts said the fence was to keep Bob safe because he keeps trying to escape. Relatives believe it was to keep them from seeing Barb and Bob.
After the 7 Investigators first exposed the case, the Michigan Supreme Court stepped in and the Attorney General ramped up their investigation. A representative of the AG, the state’s Public Administrator, was in court today monitoring case.
Macomb County Chief Judge James Biernat Jr. took Judge George off the case after 7 Investigator Heather Catallo’s first story on this. On Wednesday, Judge Biernat awarded guardianship to the family members through a stipulated order between the relatives.
Family members thanks their supporters and say they can’t wait to resume care of Bob and Barb. They plan to move them to a facility that can care for them.
A court-ordered conservator will stay in place for 60 days. After that family members will take over the financial obligations of Bob and Barb.
Caring Hearts Michigan released this previous statement in May regarding the investigation:
Full Article & Source:
Family awarded guardianship of Macomb Co. couple after 7 Action News Investigation
See Also:
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
It’s a controversial guardianship case that’s caught the attention of the Supreme Court and the Attorney General.
Marcie Mitchell has been fighting for guardianship of her dad, Bob Mitchell, and her step-mom, Barbara Delbridge, since November 2018. Now she’s being reunited with them.The Mitchell family is rejoicing- after Judge James Biernat Jr. awarded them guardianship of their relatives. #probate #guardianship @wxyzdetroit pic.twitter.com/rTEoXerwgd— Heather Catallo WXYZ (@HeatherCatallo) June 26, 2019
Marcie will now be the guardian for her father. Marcie’s Aunt, Anita Little, will become the guardian for her step mother. That means relatives will be making all of their medical and legal decisions for them, instead of a guardianship company.
Both Barb and Bob are suffering from dementia and other health issues.
Macomb County Probate Judge Kathryn George refused to appoint Marcie as guardian back in November. Instead she appointed a company called Caring Hearts Michigan Inc, that’s owned by Cathy Kirk. Kirk then hired her own company called Executive Care to provide 24/7 home care to Bob and Barb, which legal experts say is not allowed under the probate laws.
Bob and Barb’s relatives say Caring Hearts stopped letting them visit and built a six-foot tall privacy fence around their Utica home. Caring Hearts said the fence was to keep Bob safe because he keeps trying to escape. Relatives believe it was to keep them from seeing Barb and Bob.
After the 7 Investigators first exposed the case, the Michigan Supreme Court stepped in and the Attorney General ramped up their investigation. A representative of the AG, the state’s Public Administrator, was in court today monitoring case.
Macomb County Chief Judge James Biernat Jr. took Judge George off the case after 7 Investigator Heather Catallo’s first story on this. On Wednesday, Judge Biernat awarded guardianship to the family members through a stipulated order between the relatives.
Family members thanks their supporters and say they can’t wait to resume care of Bob and Barb. They plan to move them to a facility that can care for them.
A court-ordered conservator will stay in place for 60 days. After that family members will take over the financial obligations of Bob and Barb.
Caring Hearts Michigan released this previous statement in May regarding the investigation:
Caring Hearts Michigan, Inc. was appointed as guardian and conservator in this case due, in part, to its relationship with Executive Care, a CHAP-Certified in-home care company. Caring Hearts does not accept guardianships or conservatorships on a large-scale basis. Prior to its appointment, Robert and Barbara were malnourished and living in dangerous and unsanitary conditions. Now, Robert and Barbara are safe and healthy living in their own home. Caring Hearts will continue to do everything in its power to provide for Robert and Barbara’s safety and wellbeing in the most cost-effective way possible without separating them or causing undue hardship. Their safety and wellbeing is our only concern.
Family awarded guardianship of Macomb Co. couple after 7 Action News Investigation
See Also:
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
Utica couple's family regains guardianship to end legal dispute
By Jameson Cook
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.
“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.
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.
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.
Full Article & Source:
Utica couple's family regains guardianship to end legal dispute
 |
JAMESON COOK--THE MACOMB DAILY |
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.
 |
JAMESON COOK--THE MACOMB DAILY |
“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 |
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.
 |
JAMESON COOK--THE MACOMB DAILY |
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.
Full Article & Source:
Utica couple's family regains guardianship to end legal dispute
Tuesday, June 18, 2019
Utica guardianship dispute remains unresolved following court hearing
 |
| Marcie Mitchell at guardianship hearing for her father & step-mother. |
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.
 |
JAMESON COOK--THE MACOMB DAILY |
 |
MACOMB DAILY PHOTO |
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.
 |
JAMESON COOK--THE MACOMB DAILY |
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.
 |
JAMESON COOK--THE MACOMB DAILY |
Adamszek's allegations include that Robert Mitchell was allowed to drive up north by himself to go hunting, there was expired food in the refrigerator and the house was being partially heated with a propane tank connected to a heater.
Little's attorney, Frank Cusumano, said some of the allegations are based on hearsay, which is why a hearing is required.
Family members said the house was properly heated with a furnace.
The event was attended by about 20 supporters of the Mitchells.
Full Article & Source:
Utica guardianship dispute remains unresolved following court hearing
See Also:
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
Wednesday, June 5, 2019
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
By:
Heather Catallo
(WXYZ) — We have another new update to a 7 Action News Investigation that’s been getting attention across the country. The guardianship company appointed to care for an elderly Utica couple is now asking to be taken off the case. This all comes after Heather Catallo’s investigation prompted the Attorney General and the State Supreme Court to step in.
The lawyer for Caring Hearts Michigan has now alerted the Mitchell family in writing that they plan to withdraw as guardian and conservator in this case, and they say they are dropping their request for a restraining order against the family.
“I just want my parents back. I want them to enjoy their retirement that they should have had, prior to this company taking over,” said Marcie Mitchell. Mitchell is hoping she will soon get her parents back.
As the 7 Investigators first showed you, Mitchell went to Macomb County Probate Court last November to get guardianship of her dad Bob Mitchell, and her step-mom Barb Delbridge. Both are suffering from dementia and other issues.
Under the law, as a family member, Marcie has what’s called “priority” to become guardian. But Judge Kathryn George said she had “grave concerns” about Bob and Barb, and appointed a private company called Caring Hearts Michigan Inc. as guardian and conservator instead for both Barb and Bob.
Please note: Caring Hearts Homecare of Southfield is not affiliated in any way with Cathy Kirk’s Caring Hearts Michigan Inc.
“When I tried to speak, I was cut off,” said Mitchell about her court hearing in front of Judge George. “I was very intimidated, extremely intimidated I guess would be the right word.”
Caring Hearts Michigan is owned by Cathy Kirk. Court records show that Kirk hired her own company called Executive Care to provide caregivers 24 hours a day to Barb and Bob.
Macomb County Probate Court officials say that business relationship was not initially disclosed, which is required by court policy.
“You’re being enriched through your work as the guardian in a way the law didn’t intend for you to be enriched,” Michigan Elder Justice Initiative attorney Nicole Shannon told 7 Investigator Heather Catallo.
Shannon says guardians are allowed to charge for their services, but the arrangement in this case raises questions.
“What isn’t permitted under the law is to directly provide those services yourself where you are also selecting yourself as a service provider, and then you are being compensated not only as the guardian but also the service provider as well,” said Shannon.
After the 7 Investigators started looking into this case, Caring Hearts attorney Michael C. Taylor (who also happens to be the mayor of Sterling Heights) tried to get a restraining order against Marcie and her other relatives. Taylor works for the law firm that belongs to Cathy Kirk’s husband, Robert Kirk. Kirk is a Macomb County Public Administrator working in the probate courts.
“The court specifically told Executive-- excuse me Caring Hearts -- that these folks are not being protected. We need somebody who can be hands on, get here and make sure that they’re being protected,” Taylor told Catallo while 7 Action News was interviewing family members outside Bob and Barb’s home in Utica last month.
According to an email sent to lawyers for members of the Mitchell family, the petition for sanctions and the restraining order against the family is being dropped. This comes at the same time that the chief judge of the Michigan Supreme Court and the Attorney General are scrutinizing this case.
On Friday in a joint statement, Michigan Supreme Court Chief Justice Bridget McCormack and Macomb County Circuit and Probate courts Chief Judge James Biernat Jr. said, “Vulnerable Michigan residents and their families must have confidence that probate courts are following the law and taking appropriate steps to protect their rights. That’s why the Michigan Supreme Court is working with the Attorney General on the Elder Abuse Task Force to address concerns raised about the adult guardianship system.
We have recently become aware of specific concerns regarding Macomb Probate Judge Kathryn George alleging that proper procedures are not being followed in her court and the rights of families are not being safeguarded. We commend the Attorney General who has already begun an investigation about these concerns and ask her to use the full powers of her office to examine how vulnerable adults are being treated.”
Caring Hearts is blaming their resignation on disruption from family members. You can see their full statement here:
It’s not clear yet who will become the new guardian when everyone heads back to court later this month, but Judge Kathryn George will not be presiding over this. Chief Judge Biernat took her off this case Monday.
If you know of a case of elder or guardianship abuse, the Michigan Attorney General Elder Abuse Task Force wants to hear from you.
You can reach them here or call 1-800-242-2873.
Full Article & Source:
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
See Also:
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
(WXYZ) — We have another new update to a 7 Action News Investigation that’s been getting attention across the country. The guardianship company appointed to care for an elderly Utica couple is now asking to be taken off the case. This all comes after Heather Catallo’s investigation prompted the Attorney General and the State Supreme Court to step in.
The lawyer for Caring Hearts Michigan has now alerted the Mitchell family in writing that they plan to withdraw as guardian and conservator in this case, and they say they are dropping their request for a restraining order against the family.
“I just want my parents back. I want them to enjoy their retirement that they should have had, prior to this company taking over,” said Marcie Mitchell. Mitchell is hoping she will soon get her parents back.
As the 7 Investigators first showed you, Mitchell went to Macomb County Probate Court last November to get guardianship of her dad Bob Mitchell, and her step-mom Barb Delbridge. Both are suffering from dementia and other issues.
Under the law, as a family member, Marcie has what’s called “priority” to become guardian. But Judge Kathryn George said she had “grave concerns” about Bob and Barb, and appointed a private company called Caring Hearts Michigan Inc. as guardian and conservator instead for both Barb and Bob.
Please note: Caring Hearts Homecare of Southfield is not affiliated in any way with Cathy Kirk’s Caring Hearts Michigan Inc.
“When I tried to speak, I was cut off,” said Mitchell about her court hearing in front of Judge George. “I was very intimidated, extremely intimidated I guess would be the right word.”
Caring Hearts Michigan is owned by Cathy Kirk. Court records show that Kirk hired her own company called Executive Care to provide caregivers 24 hours a day to Barb and Bob.
Macomb County Probate Court officials say that business relationship was not initially disclosed, which is required by court policy.
“You’re being enriched through your work as the guardian in a way the law didn’t intend for you to be enriched,” Michigan Elder Justice Initiative attorney Nicole Shannon told 7 Investigator Heather Catallo.
Shannon says guardians are allowed to charge for their services, but the arrangement in this case raises questions.
“What isn’t permitted under the law is to directly provide those services yourself where you are also selecting yourself as a service provider, and then you are being compensated not only as the guardian but also the service provider as well,” said Shannon.
After the 7 Investigators started looking into this case, Caring Hearts attorney Michael C. Taylor (who also happens to be the mayor of Sterling Heights) tried to get a restraining order against Marcie and her other relatives. Taylor works for the law firm that belongs to Cathy Kirk’s husband, Robert Kirk. Kirk is a Macomb County Public Administrator working in the probate courts.
“The court specifically told Executive-- excuse me Caring Hearts -- that these folks are not being protected. We need somebody who can be hands on, get here and make sure that they’re being protected,” Taylor told Catallo while 7 Action News was interviewing family members outside Bob and Barb’s home in Utica last month.
According to an email sent to lawyers for members of the Mitchell family, the petition for sanctions and the restraining order against the family is being dropped. This comes at the same time that the chief judge of the Michigan Supreme Court and the Attorney General are scrutinizing this case.
On Friday in a joint statement, Michigan Supreme Court Chief Justice Bridget McCormack and Macomb County Circuit and Probate courts Chief Judge James Biernat Jr. said, “Vulnerable Michigan residents and their families must have confidence that probate courts are following the law and taking appropriate steps to protect their rights. That’s why the Michigan Supreme Court is working with the Attorney General on the Elder Abuse Task Force to address concerns raised about the adult guardianship system.
We have recently become aware of specific concerns regarding Macomb Probate Judge Kathryn George alleging that proper procedures are not being followed in her court and the rights of families are not being safeguarded. We commend the Attorney General who has already begun an investigation about these concerns and ask her to use the full powers of her office to examine how vulnerable adults are being treated.”
Caring Hearts is blaming their resignation on disruption from family members. You can see their full statement here:
It’s not clear yet who will become the new guardian when everyone heads back to court later this month, but Judge Kathryn George will not be presiding over this. Chief Judge Biernat took her off this case Monday.
If you know of a case of elder or guardianship abuse, the Michigan Attorney General Elder Abuse Task Force wants to hear from you.
You can reach them here or call 1-800-242-2873.
If you have a story for Heather, please email her at
hcatallo@wxyz.com
or call 248-827-4473.
Full Article & Source:
Caring Hearts Michigan backs out of disputed guardianship case in wake of 7 Action News report
See Also:
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
'I just want my parents back.' Woman says company imprisoned her parents in their own home
Michigan AG 'looking into' concerns about state's adult guardianship system
Tuesday, June 4, 2019
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
(WXYZ) — The Michigan Attorney General's Office has opened an
investigation into a Macomb County probate case following a 7 Action
News investigation. The 7 Investigators showed you that family members
were questioning why Macomb Co. Probate Judge Kathryn George appointed
Caring Hearts Michigan Inc. as guardians of an elderly couple instead of
their family.
In a joint statement, Michigan Supreme Court Justice Bridge McCormack and Macomb County Circuit and Probate courts Chief Judge James Biernat Jr. said, "Vulnerable Michigan residents and their families must have confidence that probate courts are following the law and taking appropriate steps to protect their rights. That’s why the Michigan Supreme Court is working with the Attorney General on the Elder Abuse Task Force to address concerns raised about the adult guardianship system.
“We have recently become aware of specific concerns regarding Macomb Probate Judge Kathryn George alleging that proper procedures are not being followed in her court and the rights of families are not being safeguarded. We commend the Attorney General who has already begun an investigation about these concerns and ask her to use the full powers of her office to examine how vulnerable adults are being treated.”
They issued a further update later in the day Friday saying "Chief Judge Biernat is reviewing Judge George’s docket and will be reassigning cases as necessary. A judge cannot be removed from the bench without a recommendation of the Judicial Tenure Commission."
A report from 7 Investigator Heather Catallo found that Judge George appointed Caring Hearts Michigan Inc. as the guardian for Barbara Delbridge and Bob Mitchell.
Please note: Caring Hearts Homecare of Southfield is not affiliated in any way with Cathy Kirk’s Caring Hearts Michigan Inc.
“I just want my parents back. I want them to enjoy their retirement that they should have had, prior to this company taking over,” said Marcie Mitchell. Mitchell tried to become her dad and step-mom’s guardian last November because both were becoming mentally incapacitated.
“Is everyone in the family on board with Marcie being the guardian,” asked 7 Investigator Heather Catallo.
“Absolutely, we were all 100% behind her,” said Sommer.
Mitchell said she hasn't seen her father or step-mom in more than a month. All she can do is wonder what's happening on the other side of the fence separating Barbara Elbridge and Bob Mitchell from their relatives who live right next door.
"They can't get out, we can't get in. They can't take phone calls because their landline's been disconnected. Their cell phones have been taken, their cars were towed away," Cousin Gretchen Sommer said. "They're literally prisoners in their own home, and they've done nothing wrong."
Family members say both Barb and Bob have been trying to reach them through a six-foot tall privacy fence their caregivers installed. But how did this happen?
Back in November, Marcie says 70-year-old Barb and 72-year-old Bob were having issues with memory and dementia. That prompted Marcie to petition the Macomb County Probate Court to become her parents’ guardian and conservator, so she could hire full-time caregivers and make medical decisions for her dad and step-mom.
But when Marcie appeared in front of Judge Kathryn George, she says the judge blindsided her when the judge appointed an outside company called Caring Hearts Michigan Inc. as guardian and conservator.
"I felt belittled like I didn’t properly take care of my parents when I always thought I had. I was dumbfounded,” said Mitchell.
“How did the judge make you feel?” Catallo asked.
“Like a bad daughter,” said Mitchell.
Even though Michigan law gives Marcie priority to become a guardian to family members, Judge George told Marcie she had “grave concerns” about Bob and Barb. Instead, the judge handed their lives over to Caring Hearts Michigan Inc. and its owner, a woman named Cathy Kirk.
Marcie says Cathy Kirk promised she would stay involved in her parents care, but she’s no longer allowed to see them. Kirk hired another company that she owns, called Executive Care, to provide in-home caregivers 24 hours a day. Cathy is married to Robert Kirk, a Macomb County Public Administrator in the probate courts.
Both Robert Kirk and his law partner have donated money to Judge George’s campaigns in the past.
Just like Marcie can’t talk to her parents behind this fence, we couldn’t catch up with Cathy Kirk because she too lives behind a fence: a massive privacy gate walling off the Kirk’s large home from public access.
And the Mitchell relatives aren’t the only ones who say Caring Hearts Michigan has separated them from their loved ones.
Members of the Franklin family say Judge George also appointed Caring Hearts when they tried to get guardianship of their 89-year-old mother, Piera. Mrs. Franklin is now back with her son, but only after her family members say they were also prevented from seeing their mom.
This isn’t the first time questions have been raised about Judge George and a guardianship company.
According to an order from the Michigan Supreme Court, back in 2008, they removed Judge George as chief judge of the probate court over concerns about her “questionable overuse” of a different guardianship company she was appointing to cases.
A probate court spokesman says even though Judge George knows the Kirks “informally through political and bar association events… there is no business relationship” with them.
The spokesman also says the judge isn’t allowed to respond to our questions about past campaign contributions but says it’s, “not unusual for attorneys to support judges for re-election” and the past support has “nothing to do with the recent selection of Caring Hearts as a public/professional guardian.”
The family released this statement in relation to the AG investigation:
Full Article & Source:
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
In a joint statement, Michigan Supreme Court Justice Bridge McCormack and Macomb County Circuit and Probate courts Chief Judge James Biernat Jr. said, "Vulnerable Michigan residents and their families must have confidence that probate courts are following the law and taking appropriate steps to protect their rights. That’s why the Michigan Supreme Court is working with the Attorney General on the Elder Abuse Task Force to address concerns raised about the adult guardianship system.
“We have recently become aware of specific concerns regarding Macomb Probate Judge Kathryn George alleging that proper procedures are not being followed in her court and the rights of families are not being safeguarded. We commend the Attorney General who has already begun an investigation about these concerns and ask her to use the full powers of her office to examine how vulnerable adults are being treated.”
They issued a further update later in the day Friday saying "Chief Judge Biernat is reviewing Judge George’s docket and will be reassigning cases as necessary. A judge cannot be removed from the bench without a recommendation of the Judicial Tenure Commission."
A report from 7 Investigator Heather Catallo found that Judge George appointed Caring Hearts Michigan Inc. as the guardian for Barbara Delbridge and Bob Mitchell.
Please note: Caring Hearts Homecare of Southfield is not affiliated in any way with Cathy Kirk’s Caring Hearts Michigan Inc.
“I just want my parents back. I want them to enjoy their retirement that they should have had, prior to this company taking over,” said Marcie Mitchell. Mitchell tried to become her dad and step-mom’s guardian last November because both were becoming mentally incapacitated.
“Is everyone in the family on board with Marcie being the guardian,” asked 7 Investigator Heather Catallo.
“Absolutely, we were all 100% behind her,” said Sommer.
Mitchell said she hasn't seen her father or step-mom in more than a month. All she can do is wonder what's happening on the other side of the fence separating Barbara Elbridge and Bob Mitchell from their relatives who live right next door.
"They can't get out, we can't get in. They can't take phone calls because their landline's been disconnected. Their cell phones have been taken, their cars were towed away," Cousin Gretchen Sommer said. "They're literally prisoners in their own home, and they've done nothing wrong."
Family members say both Barb and Bob have been trying to reach them through a six-foot tall privacy fence their caregivers installed. But how did this happen?
Back in November, Marcie says 70-year-old Barb and 72-year-old Bob were having issues with memory and dementia. That prompted Marcie to petition the Macomb County Probate Court to become her parents’ guardian and conservator, so she could hire full-time caregivers and make medical decisions for her dad and step-mom.
But when Marcie appeared in front of Judge Kathryn George, she says the judge blindsided her when the judge appointed an outside company called Caring Hearts Michigan Inc. as guardian and conservator.
"I felt belittled like I didn’t properly take care of my parents when I always thought I had. I was dumbfounded,” said Mitchell.
“How did the judge make you feel?” Catallo asked.
“Like a bad daughter,” said Mitchell.
Even though Michigan law gives Marcie priority to become a guardian to family members, Judge George told Marcie she had “grave concerns” about Bob and Barb. Instead, the judge handed their lives over to Caring Hearts Michigan Inc. and its owner, a woman named Cathy Kirk.
Marcie says Cathy Kirk promised she would stay involved in her parents care, but she’s no longer allowed to see them. Kirk hired another company that she owns, called Executive Care, to provide in-home caregivers 24 hours a day. Cathy is married to Robert Kirk, a Macomb County Public Administrator in the probate courts.
Both Robert Kirk and his law partner have donated money to Judge George’s campaigns in the past.
Just like Marcie can’t talk to her parents behind this fence, we couldn’t catch up with Cathy Kirk because she too lives behind a fence: a massive privacy gate walling off the Kirk’s large home from public access.
And the Mitchell relatives aren’t the only ones who say Caring Hearts Michigan has separated them from their loved ones.
Members of the Franklin family say Judge George also appointed Caring Hearts when they tried to get guardianship of their 89-year-old mother, Piera. Mrs. Franklin is now back with her son, but only after her family members say they were also prevented from seeing their mom.
This isn’t the first time questions have been raised about Judge George and a guardianship company.
According to an order from the Michigan Supreme Court, back in 2008, they removed Judge George as chief judge of the probate court over concerns about her “questionable overuse” of a different guardianship company she was appointing to cases.
A probate court spokesman says even though Judge George knows the Kirks “informally through political and bar association events… there is no business relationship” with them.
The spokesman also says the judge isn’t allowed to respond to our questions about past campaign contributions but says it’s, “not unusual for attorneys to support judges for re-election” and the past support has “nothing to do with the recent selection of Caring Hearts as a public/professional guardian.”
The family released this statement in relation to the AG investigation:
Our family could never fully express our appreciation for the Michigan Attorney General’s Office, Michigan Supreme Court Justice Bridge McCormack and Macomb County Circuit and Probate courts Chief Judge James Biernat, Jr. for opening an investigation regarding the unethical practices that are put into motion in Judge Kathryn George’s Courtroom. Our family also has the utmost respect and gratitude for Heather Catallo and her willingness to stand with us to shed light on a very dark and dirty secret that has been allowed to exist by leaving Judge Kathryn George on the bench. This is not the first time Judge George has been reprimanded and it is not the first time she has been removed, that must stop! As grateful as we are, the fact is that we are only starting the fight. Living through this process we have learned that there are many other families, just like ours, that are fighting for their loved ones, too. Families that have had their lives turned upside down by this court, this judge, all the attorney’s involved, as well as the businesses who have all financially benefitted by this Court’s decisions. Only you have not heard of them because they are/were scared to negatively affect their cases. Some families do not have the financial resources or time or ability to stand up to force the courts to do the right thing! This is not how a system protects our families. This is not okay. Why have you heard about Barb and Bob? Because we won’t back down. In spite of the threats and intimidation, we will not back down until our family is back together.
Thankfully, we have an army of people behind us, an army willing to tell our story and an advocate in Heather Catallo and Channel 7. But, it’s not over until Barb and Bob are released from this circus. While we are grateful, the fight for OUR family, as well as others who currently have cases in front of Judge Kathryn George, Caring Hearts and their Attorney’s, are still in the arena. We will not stop until the public servants who are voted upon by the people with the promise of protecting us are held responsible for their actions. We are facing Caring Hearts, Executive Care, Kirk Law Firm and Judge George again in court on June 17, 2019 to fight a restraining order filed against us; another attempt to keep our family apart. Stand with us in court on June 17, 2019. Follow our Facebook page Justice for Barb and Bob for update. We are not scared of the truth!
Michigan AG opens investigation into Macomb Co. probate case following 7 Action News report
Tuesday, November 28, 2017
Probate public officials terminated, resign after 7 Action News investigation
LANSING, Mich. (WXYZ) - The 7 Investigators continue to get results for
grieving families in Michigan. The Attorney General is terminating one
of the public officials accused of cashing in on a controversial probate
practice, and another public official has resigned.
And even though new legislation has been introduced because of our investigation, the Attorney General is now telling the 7 Investigators that he wants the changes to the law to go even farther.
“They’re messing with my home -- where I live! How dare they,” said Joanne Zaremba.
Several local families say they nearly lost their late relatives’ homes after some Attorney General-appointed lawyers called Public Administrators teamed up with real estate agent Ralph Roberts to cash in on probate estates.
“I find properties. I believe there’s a benefit, so I then tell a public administrator, here’s the benefit there,” Ralph Roberts told 7 Investigator Heather Catallo in November 2016.
The Public Administrators bill the estates for thousands of dollars in fees. Court records show that Roberts’ company, Probate Asset Recovery, often tried to take 1/3 of the value of the assets, plus Roberts earned real estate commissions (often 4% instead of the typical 3%).
Oakland County Sheriff’s investigators and federal agents recently raided Ralph Roberts offices as part of an ongoing criminal probe. (Click to Continue)
Full Article & Source:
Probate public officials terminated, resign after 7 Action News investigation
And even though new legislation has been introduced because of our investigation, the Attorney General is now telling the 7 Investigators that he wants the changes to the law to go even farther.
“They’re messing with my home -- where I live! How dare they,” said Joanne Zaremba.
Several local families say they nearly lost their late relatives’ homes after some Attorney General-appointed lawyers called Public Administrators teamed up with real estate agent Ralph Roberts to cash in on probate estates.
“I find properties. I believe there’s a benefit, so I then tell a public administrator, here’s the benefit there,” Ralph Roberts told 7 Investigator Heather Catallo in November 2016.
The Public Administrators bill the estates for thousands of dollars in fees. Court records show that Roberts’ company, Probate Asset Recovery, often tried to take 1/3 of the value of the assets, plus Roberts earned real estate commissions (often 4% instead of the typical 3%).
Oakland County Sheriff’s investigators and federal agents recently raided Ralph Roberts offices as part of an ongoing criminal probe. (Click to Continue)
Full Article & Source:
Probate public officials terminated, resign after 7 Action News investigation
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