We first told you about the idea for
the Office of State Guardian back in April. Now that bill has been
officially introduced and more details are emerging about the oversight
it will potentially bring to a system many families complain about.
Currently in Michigan, if you’re having problems with a
court-appointed guardian there’s no agency with oversight where you can
file a complaint. If the new law passes, that could change.
Since
2017, the 7 Investigators have been exposing abuses in Michigan’s
guardianship system. In one brief court hearing, with very little
evidence, you can be declared legally incapacitated, and all your rights
can vanish.
In response to our years of reporting, several bills have been introduced in Lansing to bring reforms.
“This
is a bi-partisan package. It is a clear example of how government can
be an instrument of good,” said House Judiciary Committee Chair Rep.
Kelly Breen (D-Novi) during testimony Wednesday.
“The more common sense guardrails that we put around the system, the
more vulnerable or elderly folks we protect,” said Rep. Graham Filler
(R-St. Johns) while testifying in front of the committee Wednesday.
If
passed, the package of five bills will do everything from requiring
guardians to visit their wards more often, to making sure you have the
right to an attorney if you’re being put under guardianship.
The newest change is a bill that would establish the Office of State Guardian.
“This
Office of State Guardian would be responsible for receiving complaints
and investigating them against guardians and conservators who are
believed to be enacting financial or other abuses on their wards. The
goal is that the OSG would then work with the Attorney General’s office
on complaints that did involve improper criminal conduct,” said Rep.
Betsy Coffia (D-Traverse City).
Other changes proposed:
certification and a way to compensate professional guardians for their
work – but also consequences if they break the rules.
“It’s basic
stuff, that says ‘okay we’re going to make sure you’re not a criminal
before we turn over somebody else’s life into your hands.’ I don’t think
it’s too much to ask that we have the same level of supervision for
someone who takes over another human being’s life than we have for
someone who deals potatoes in the state of Michigan. That’s a licensed
profession in our state,” said Scott Teter, the Division Chief of the
Financial Crimes Division at the Attorney General’s office and head of
the AG’s Elder Abuse Task Force.
Attorney General Dana Nessel’s Elder Abuse Task Force has worked for 4
years on the legislation. She testified Wednesday that during her
state-wide listening tour, she heard dozens of horror stories about
probate court guardianships.
“Guardians moving someone from their
home, sticking them in a nursing home, cleaning out their house, and
throwing away all of their belongings-- tossing them in a dumpster-- and
then immediately putting the house up for sale with no appraisal,” said
Nessel. “The solution to these 73,000 incidences of elder abuse,
neglect, and economic exploitation every year, the response should not
be doing nothing.”
“We have in the lobby a freedom shrine, and it
shows the Declaration of Independence. And I re-read it [today]: we hold
these truths to be self-evident, that all men are created equal,
they’re endowed by their Creator with certain unalienable rights, that
among them are life, liberty, and pursuit of happiness. And there’s no
qualifiers in there: ‘unless you get old, frail or your disabled,’” said
Teter during the testimony.
The Michigan Guardianship Association
still opposes the changes to the laws. There will be additional
hearings on the bills in the coming weeks.
(WXYZ) —
Daryn Dexter was in a dark place. For most of his adult life, the
31-year-old had battled depression and bipolar disorder and on a night
in December 2017, he wanted to die.
Distraught over a
recent breakup with his longtime girlfriend, Dexter sent her a text
message: a photo of a bottle of pills he said he was going to swallow.
"He
just said he didn’t want to live any longer, that he couldn’t take it
anymore,” recalled his mother Sherri Andenno. “He and his girlfriend
were having problems.”
Fearing for Daryn's life, his family called
police who picked him up and transported him to Forest View Hospital in
Grand Rapids, an in-patient psychiatric facility licensed by the state.
On his fifth day at Forest View, doctors wrote that Daryn was
paranoid and experiencing racing thoughts. His anxiety level was listed
as an 8.5 out of 10.
But only two days later, they determined he’d improved enough to be released. His stepfather found out through a phone call.
“The
day they let him out, I begged with them not to do it,” Don Andenno
said. “And I said at the very least, let me pick him up. Let me get him
after work. Keep him there until I can see him.”
Instead, according to hospital records, Daryn left in a taxi. Daryn Dexter struggled with depression and bipolar disorderThe
next day, after Don wasn’t able to reach him on his cell phone, he went
to visit Daryn at his home. There, he found his stepson’s lifeless
body.
He died the same night he was released from Forest View Hospital, the medical examiner ruled. The manner of death: suicide.
“My
oldest son came in. I remember him coming in the door and he said,
'Mom, Daryn’s gone,'” recalled Sherri Andenno. “I said, 'How? He just
got out!'”
Sherri Andenno was grief-stricken and filled with questions. How
could a hospital deem her son well enough to be released, she asked,
only to have him take his life hours later?
When Sherri called Forest View Hospital, she said she was promised answers were coming.
“They said we’ll do a report to the State of Michigan, and the State of Michigan has to do an investigation," she said.
When
a patient like Daryn dies, Michigan’s Department of Licensing and
Regulatory Affairs — known as LARA — requires that hospitals notify
state officials by filling out what’s known as a death report.
It’s required for any death occurring inside a psychiatric hospital or within two days of a patient being discharged.
But
in the two years since learning of Daryn’s death, state officials never
opened an investigation into Daryn’s death or treatment.
In
fact, of the more than 150 psychiatric deaths reported to the state
since 2016, a months-long 7 Action News Investigation reveals that
virtually none of them were questioned by state watchdogs.
Deaths across the state
Forest
View is one of 37 private hospitals across the state to report patient
deaths to officials at LARA. Through a spokesperson, Forest View
declined to comment on Daryn’s death, citing patient privacy concerns.
In
a statement, they said the hospital cares “for patients who have
special, often complex, mental health needs. These mental health needs
are often lifelong conditions that require continuing ongoing community
based treatment through therapy and medications that patients continue
in their home communities after being discharged from our hospital.”
A
spokeswoman added: "We are licensed by the State of Michigan, fully
accredited by The Joint Commission and we bring more than 45 years of
experience to the evaluation, diagnosis and treatment of a wide range of
behavioral health problems. The focus of our treatment is practical and
solution-focused, with an emphasis on symptom reduction and learning
healthy coping skills in order to transition back to the patient’s
community."
Many of the deaths reported by hospitals across the
state appear to be natural, but many others are clearly not. At least
are 11 suicides, with most occurring shortly after a patient’s
discharge. In one case, a 48-year-old woman came to Havenwyck Hospital
for suicidal ideation was released, then took her life the next day by
jumping out of a window.
Citing privacy laws, the hospital declined to comment on the patient’s death.
A
22-year-old woman was discharged from a Muskegon hospital in December
2017 following a suicide attempt. The day of her discharge, she
committed suicide in her bathroom.
In other cases reported to the state, suicidal patients took their lives at the hospital that was supposed to treat them.
At
St. Joseph Mercy Hospital in Chelsea, a 20-year-old woman with a
history of depression and suicidal ideation hung herself with a pair of
scrub pants while left unattended in her room.
A similar death took place at Henry Ford Kingswood when a 23-year-old man took his life inside the psychiatric facility.
Officials at both hospitals declined to comment on the specific deaths, citing patient privacy laws.
The
true nature of many of the deaths remains a mystery, at least as far as
the state is concerned. 39 of the reported deaths list the cause as
unknown or pending. Even in those cases, officials with LARA did not
inquire further.
‘We can’t let this go’
The
state’s inaction is “shocking,” said Michelle Roberts, executive
director of Michigan Protection and Advocacy Service, a non-profit
designated by the governor to protect the rights of people with
disabilities.
“That they’ve received death reports as they’re required to, but did nothing with them? " she said, "That's very concerning."
Following the revelations brought forth by 7 Action News, Michigan
Protection Advocacy Service opened investigations into 71 of the deaths
that that the state never investigated.
“There could be systemic
issues and avoidable problems that could have been addressed had they
just looked,” Roberts said, adding later: “We can’t let this go.”
One
of the deaths now under investigation by Michigan Protection and
Advocacy involves Alissa Negus, a 25-year-old from Hanover.
For
Negus, short hospital stays had become a part of her life. Her
years-long struggle with depression led to drug abuse, bouts of
homelessness and alienation from her family. On multiple occasions, she
tried to take her life.
But repeatedly, Alissa sought help from
psychiatric hospitals throughout the state. Most of her stays, said her
family, lasted just a couple of days.
“She needed to be somewhere
for months,” said her mother Jill. “Two or three days is not long enough
for someone with mental illness.” Alissa Negus, right, is seen with her mother and sister.Alissa’s
last hospital stay would turn out be one of her shortest. Last April,
right after her birthday, she admitted herself to St. Joseph Mercy
Hospital in Chelsea “requesting treatment for suicidal ideation and drug
use,” according to state records.
Little is known about her treatment, except that it lasted about two days.
The
same day she was released, according to police records, Negus drove her
car along I-94 in Hanover, pulled off to the side of the highway and
walked into traffic.
Her death was reported to state officials, but never investigated.
“That’s my daughter,” Jill Negus said through tears. “It’s like she doesn’t matter. Or they all don’t matter.”
Citing
patient privacy laws, St. Joseph Mercy Chelsea declined to comment on
any patient’s treatment, but said “(p)atient safety standards are
routinely reviewed by clinical and medical staff leadership and by
third-party assessments to ensure that hospital patient care units
adhere to all requirements outlined by The Joint Commission, CMS and the
State of Michigan. We take patient safety within our facilities very
seriously and remain committed to providing high quality, compassionate
care for our patients."
Agency under fire
Officials with the Department of
Licensing and Regulatory Affairs, whose office receives each report of a
psychiatric patient’s death, declined repeated requests for an
interview.
Previously, LARA spokesman David Harns defended the
department’s lack of investigations, saying by e-mail that the
department “is not by law or rule required to follow up on these
reported deaths.”
But in at least one instance over the last four
years, LARA has elected to investigate a patient’s death. In December
2018, following the unexpected death of a patient that was later ruled
the result of medications she received, LARA acknowledges initiating an
investigation.
What it found is not know known; LARA required 7
Action News to file a public records request to obtain the investigative
report. It is expected to be shared later this month.
Last
month, Harns said in an e-mail that LARA is considering changes to its
own rules. He added that officials have met with expert staff on
physical environment, medical, and licensing process requirements and
will "conduct workgroup meetings and meet with key stakeholders and
other interested parties to gather feedback."
But bigger changes
may be ahead, couresty of two lawmakers. This week, as a result of our
investigation, Senator Jim Ananich (D-Flint) introduced Senate Bill 813,
requiring LARA to investigate all psychiatric deaths where the cause is
deemed a suicide or unknown.
Harns, LARA’s spokesman, said the
department has had discussions with Ananich about his legislation and
looks forward to continuing their dialogue.
In the House, Rep.
Phil Green (R-Millington) is about to introduce a bill that would make
even more drastic changes, moving authority from LARA to the Department
of Health and Human Services. It would also require more comprehensive
death reports as well, including the reporting of deaths occurring
within a month of a patient’s release, rather than the current 48-hour
window.
Each bill’s prospects are uncertain, but both lawmakers
are vowing to make improvements to a system they see as seriously
flawed.
To Sherri Andenno and others still waiting answers about their loved one’s sudden deaths, change can’t come soon enough.
“People
are dropping the ball. Nobody’s being held accountable,” she said. “I
can’t get my son back, but I want to stop this from happening to another
family.”
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.
“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.
DETROIT (WXYZ) — She’s a 78-year-old Detroit grandmother who just
wanted a wheelchair ramp. Instead, she was put under court guardianship.
The 7 Investigators were in court Thursday when the Chief Probate Judge
terminated that guardianship, bringing a lot of joy to Bessie and her
family.
Bessie Owens can now make her medical, legal and financial decisions.
And
not only did the judge terminate this guardianship and conservatorship –
he also put Adult Protective Services on notice that things need to
change with how they’re petitioning the court to put seniors under
guardianship.
Cheers and applause filled the halls of Wayne County
Probate Court Thursday where supporters gathered to watch Chief Judge
Freddie Burton Jr. terminate Bessie’s guardianship and conservatorship
cases.
“I do not want or need strangers or bureaucrats over my life or finances,” Bessie told the judge.
Bessie
called the 7 Investigators in August after she discovered Adult
Protective Services investigator Tresna Tupper had petitioned the court,
saying Bessie was “medically frail” and “unable to manage her affairs.”
At the time, Bessie says all she needed was a wheelchair ramp so she
could get out of her house safely. Instead, court records show Tupper
told Judge Burton that she couldn’t find Bessie’s adult children to tell
them about the guardianship, as required by law, even though the 7
Investigators easily found Owens’ daughter on Facebook.
“It does
look like there’s some things that, in the course of doing your job,
that some things were missed,” Burton told an APS supervisor in court on
Thursday. The supervisor was in court instead of Tupper.
Bessie’s three adult children were also present.
“It seems to me it would be pretty simple to find them. Were other efforts made,” Judge Burton asked.
The
supervisor maintained that Tupper followed APS protocol, but ultimately
no one objected to Bessie’s request to drop the guardianship and
conservatorship.
“It’s clear to me there’s insufficient evidence
to continue the guardianship, and so I will grant the petition to
terminate guardianship as you requested,” ruled Judge Burton.
A large group of anti-guardianship protestors in the courtroom cheered and applauded the judge’s decision.
The 7 Investigators showed you last week how Bessie’s conservator,
lawyer Cynthia Williams, was asking the court to approve $687.50 in
legal fees, even though she never met with Bessie.
“Why are you trying to charge her $687 when she only has $6500,” Catallo asked.
“Because that is my fee for my services,” Williams said.
“What did you actually do though,” Catallo asked.
“It’s on my account, did you see it,” Williams said.
Today
Williams argued briefly with the judge, but she ultimately waived her
fees and the judge terminated the conservatorship as well.
“The
thing that’s important here, Mrs. Owens now has her ramp, and the court
is apprised. We need to get out of her way and let her go live her
life,” Judge Burton said.
“[I’m] elated and glad it was
terminated, there was no need for it. And I think there should be
something addressed to keep this from happening to another person and
their family and friends,” said Bessie after the ruling.
“Did you have any notice from Adult Protective Services this was happening,” Catallo asked Mischia Smith, Bessie Owens’ son.
“No. I talked to my mother, who I talk to on a daily basis and she
informed me, they didn’t contact me at all. And I was very surprised by
this whole thing. I believe they should be punished for what they do,”
Smith said.
Judge Burton also put APS on notice that he wants a
meeting with state officials to make sure they are giving family members
notice, before taking the extreme step of declaring an adult legally
incapacitated.
“It does look like there’s several things we need
to shore up, particularly in terms of making certain notice is
provided,” Judge Burton said.
Bob Wheaton, Public Information
Officer for the Michigan Department of Health and Human Services, which
oversees APS, issued this statement last week about investigator Tupper
and this case:
“The Michigan Department of Health and Human
Services is committed to respecting human dignity and protecting the
health, safety and well-being of vulnerable adults. Adult Protective
Services takes very seriously its responsibility to protect vulnerable
adults. APS follows policies put in place to help understand and respond
to each unique situation, and when necessary, works with partners in
the court who make the final decision on what’s best for these
individuals. Adult Protective Services aims to provide the
least-restrictive services that are necessary to keep a vulnerable adult
safe. The department is looking into the concerns that have been
expressed.”
DETROIT (WXYZ) — After a fall in her home, 78-year-old Bessie Owens
said she just needed some help getting a wheelchair ramp installed.
Instead, the long-time Detroit resident ended up being put under
guardianship in the probate courts – where she was declared legally
incapacitated.
When you’re put under guardianship and conservatorship, you can no longer make any legal, medical or financial decisions.
That’s why Owens says she wants to know why Adult Protective Services
workers petition the court to put her under guardianship and
conservatorship, instead of helping her get what she really needed.
Owens needs a walker to get around, but she’s still fiercely
independent. She struggles with osteoarthritis, but Bessie says she is
more than capable of handling her own medical and financial affairs.
“I
know how to tap into resources in my neighborhood and beyond,” Bessie
told 7 Investigator Heather Catallo. “And I think I should have some
input into my life daily.”
That’s why the long-time Detroiter is
furious that an Adult Protective Services worker petitioned the Wayne
County Probate Court last May to place Bessie under guardianship and
conservatorship.
“Did you have any notice that a guardianship case had been opened about you?” Catallo asked.
“No,” said Bessie.
“Nothing in writing?” asked Catallo.
“Nothing in writing,” Bessie responded.
This all started last year when Bessie says she fell two times and ended up in the hospital.
Bessie
says on her own, she arranged for in-home caregivers, but she still
needed a ramp to bypass her front steps with her walker.
“Without the ramp, I could not get outside to transact business and that kind of stuff,” said Bessie.
Someone
contacted Adult Protective Services for a welfare check, and then
Bessie says an APS investigator named Tresna Tupper came into her home
uninvited.
“That’s intrusion,” said Bessie.
Tupper then
filed petitions for guardianship and conservatorship with the Wayne
County Probate Court, saying Bessie is “medically frail” and “unable to
manage her affairs.”
Court records show Tupper even wrote under
penalty of perjury that she couldn’t find Bessie’s adult children to
tell them about the guardianship – even though the 7 Investigators
easily found Bessie’s daughter on Facebook.
Her daughter, a Wayne
County employee, confirms no one from APS or the courts ever contacted
her. Tupper also typed the wrong address for APS on the petitions, as
well as on the petition in another case reviewed by the 7 Investigators.
Legal experts say Owens' family would have had priority under the law to become a guardian, if one was needed.
“Your
guardian is making some very intimate decisions about everything about
your life,” said Nicole Shannon, Systemic Advocacy Attorney from the
Michigan Elder Justice Initiative.
Shannon also says, “Michigan
law requires that adult children be notified of a petition for
guardianship and presumptive heirs be notified of a petition for
conservatorship. That notice has to be in writing and served either in
person or through the mail."
If a person filing a petition is
unable to locate the adult children or presumptive heirs, they can ask
the court for special permission to notify them through publication or
some other method. That is done by filing an affidavit under penalty of
perjury with the court showing that despite diligent efforts, they could
not determine the whereabouts of the person.
Diligent effort
typically includes asking known friends or family members, as well as
conducting an internet search. There should not be a final ruling until
all parties have received their notice.
Unfortunately, when family
members do find out about guardianship or conservatorship after the
fact, it can be too late. Significant decisions have already been made,
and there must often be a second series of court hearings to try to
unwind what has already happened.”
“I do not need no one to
oversee my finances, or a guardian. I’m mentally capable of transacting
my day-to-day business. I do not need that. I need a ramp to be able to
leave my home when I need to,” said Bessie.
Even after she learned
of the guardianship case, Bessie says she did not have transportation
for court so she could not attend the hearing last summer.
Tupper asked the court to appoint Whitehouse Guardian Services, which is owned by Stacey White-Smith.
Court
records show Tupper has asked the court to give at least nine
guardianship cases this year to Whitehouse Guardian Services.
Tupper also nominated a lawyer named Cynthia Williams to be Bessie’s conservator to take over her social security income.
Court records show Tupper and Williams are also listed together on at least eight conservatorship cases since 2018.
Williams and White-Smith deny they have any sort of relationship with APS investigator Tupper.
On her own, Bessie contacted a local non-profit who installed the ramp for her in August.
Guardian
Stacey White-Smith would not talk to us on camera, but she did admit
she’s only seen Bessie two times since she was appointed guardian in
June.
Bessie says when she tried to get ahold of White in September she couldn’t, and later found out White was out of the country.
The 7 Investigators started asking questions why Bessie Owens was put under guardianship in August.
Now,
both the guardian and the conservator have told they court that they
want out of the case, and say Bessie doesn’t need a guardian or
conservator.
“Have you met your conservator?” Catallo asked Bessie.
“No. Never,” said Bessie.
Even
as she seeks to terminate her involvement, court records show the
conservator wants to get paid $687.50 for five and half hours of work.
We
caught up with conservator Cynthia Williams after a court hearing for
another case where she and White-Smith are both in charge of a different
ward.
“Why are you trying to charge her $687 when she only has $6500?” asked Catallo.
“Because that is my fee for my services,” said Williams.
“What did you actually do though?” asked Catallo.
“It’s on my account did you see it,” said Williams.
“I
did see your account, but you never talked to her, you never went to
see her, you filed some paperwork, she doesn’t have that much money, she
says she doesn’t need a guardian or conservator -- so what did you do?"
asked Catallo.
“You saw my account correct,” said Williams.
“I did – I’m asking you what you did,” asked Catallo.
“I told you, my account shows you what I did,” said Williams, who refused to provide more details.
“I
want everybody to know, especially the population that I’m in, which is
seniors and people with disabilities, what can happen, if you don’t pay
attention to the system that’s supposed to protect us,” said Bessie.
Bessie
Owens, the guardian and the conservator will all be in court next week
when Bessie Owens hopes to have this guardianship terminated.
The 7 Investigators did try several times to talk to Tresna Tupper from APS, including visiting her a home and calling her.
A
spokesman says they can’t comment on the specifics of this case due to
privacy rules, but they are going to conduct additional training on
filing guardianship petitions and using community resources first.
Below we have listed a series of our questions to APS about their role in initiating guardianship cases.
The guardian says she tries to go above and beyond for her wards. Her additional statement is below.
Stacey White-Smith Statement
“I am one of many public
guardian's that genuinely care [sic] about the community that I live in
and would like to see more stories in regards to the challenges we face
serving the mentally and physically incapacitated individuals in Wayne
County. Every day is a challenge in making sure that my Wards
have all of their needs met. It is my job to assess every situation
individually and make the best decisions for the people I am appointed
to serve. As a guardian at times I go above and beyond my mandated
duties to make sure that my Wards feel that they are cared for. It is
not beneath me to assist with transportation to hair appointments,
grocery stores, doctor’s appointments, even bringing lunch and snacks to
my clients in nursing and group homes. I love my community and I love
the people in it and I have committed myself to making sure that I help
as many people as I can in Wayne County. My client list is very small,
one of the smallest agencies in Wayne County but that's only because I
want to make sure that I can give individualized attention to the people
I've been appointed to care for…
Everyday I work with
phenomenal Judges who have to make tough decisions in regards to
people's lives. I am proud to be a part of this system and I hope that I
can continue to provide quality Guardianship Services to my community.
At this point I would have to respectfully decline a second interview. I
thank you in advance for respecting my privacy and the privacy of my
family.”
Questions regarding Adult Protective Services to Bob
Wheaton, Public Information Officer, Michigan Department of Health and
Human Services:
How often do APS investigators file petitions for guardianships?
Guardianship
petitions are filed when allegations of abuse, neglect, and/or
exploitation is substantiated for adults determined to be vulnerable,
mentally or physically at risk of harm and/or unable to make an informed
decision. APS will exhaust all other alternative resources to alleviate
risk of harm to the client prior to filing a petition.
Policy is as follows:
Whenever
non-legal intervention fails to meet the goal of protection, the need
for voluntary or involuntary legal intervention may be utilized to
protect the client. The APS worker must evaluate the need for legal
intervention, and it should be initiated only when the following
conditions exist: · Endangerment cannot be eliminated with the use of the social intervention process, and ·
The client requests or voluntarily accepts legal assistance because
physical or cognitive limitations result in the inability to manage
one’s own affairs or the client does not consent to legal action but is
endangered because he/she is unable to exercise independent judgment due
to cognitive or physical limitations.
What’s the protocol for filing a petition?
The
APS investigator determines if petition is needed and gathers
information to support or justify the need to present to the court.
What happens before a petition is filed?
The
APS investigator gathers pertinent information, attempts to alleviate
risk of harm by obtaining resources, working with client (if
cooperative/able), working with the client’s support base, i.e.
community affiliations, family, neighbors, and friends, and making
appropriate referrals/arrangements for other services. APS investigator
reviews the case with supervisor.
What’s the protocol for trying to reach family members?
It
is routine for APS investigators to attempt to find and contact family
members and include the family if appropriate (unless the related person
is the perpetrator) when completing a Plan of Care and filing
petitions. There are times in which it is appropriate to honor the
client’s request not to contact family. In an attempt to locate family,
APS investigators will ask the client, review former MDHHS cases,
conduct the Bridges system (which tracks public assistance cases)
clearance to search associated people, ask friends or neighbors of the
client if appropriate, review the Court-View court records system, and
publish in the Legal News.
How is the guardian determined?
The
guardian can be nominated by the judge or APS investigator. There are
times when APS will nominate a guardian and the judge appoints someone
else. Wayne County has two contracted guardianship agencies which we
will generally nominate, prior to 2018 we only had one. However, APS is
not restricted to utilizing contracted agencies due to the volume of
clients in need. Guardianship agencies are our community partners who we
establish working relationships with. Due to agencies’ established
networks with community resources, some specialize in serving
developmentally delayed clients, seniors who want to stay in their own
home or clients who need placements. In general APS investigators
establish working relationship with various guardians and learn who
provides the best client services and will best meet the needs of
clients.
Does your APS investigator (Ms. Tupper) have a relationship, financial or otherwise, with Whitehouse Guardian Service?
The department is unaware of any relationship other than a professional relationship.
Why
did the APS investigator (Ms. Tupper) say in the petition that she
couldn’t reach the client’s family to see if there was a suitable
relative provider when the client says all she had to do was ask the
client for contact information? Tupper wrote “unknown” for the address
of all three adult children who live in Southeast Michigan.
We
can’t discuss specifics due to confidentiality, however, as stated
above, APS attempts to find a suitable family guardian if possible and
if the client wants to have a relative guardian. In some cases, the
client does not want to have a relative be his/her guardian or the
probate court may appoint an guardian that the court feels is best
suited for this role, if the court finds there is clear and convincing
evidence that the person is legally incapacitated and that the
appointment is necessary to provide continuing care and supervision of
the person.
How does this APS investigator (Ms. Tupper) find guardians?
Each
county has contracted guardians, and can also utilize other guardians
that the workers are familiar with. There are checks and balances in the
system. Clients have a guardian ad litem who is appointed to watch out
for the client’s interest, and the probate judge makes the final
decision. So APS investigators may make a recommendation of a guardian
who is willing to serve as guardian and the probate court determines who
the guardian will be.
