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
Showing posts with label adult guardianship system. Show all posts
Showing posts with label adult guardianship system. Show all posts
Monday, December 30, 2019
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, 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
Monday, June 3, 2019
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
UTICA, Mich. (WXYZ) — The 7 Investigators get a lot of calls from families who’s loved ones have been placed under guardianship, and unfortunately, we can’t tell every single story. But this one caught our attention because of a fence that was built and because of the history of the judge involved.
This is the tale of two fences. One holds what family members say are two vulnerable adults inside their home. The other fence protects the huge home that belongs to the people now in charge of making all financial and medical decisions for Barbara Delbridge and Bob Mitchell.
“They don’t want us to see in, they don’t want them to see out. So it’s the perfect way to hide them back there,” said Gretchen Summer, Barb’s niece.
Barb and Bob’s family members say after Macomb County Probate Judge Kathryn George appointed Caring Hearts Michigan Inc. as their guardian.
Please note: Caring Hearts Homecare of Southfield is not affiliated in any way with Cathy Kirk’s Caring Hearts Michigan Inc.
The caregivers put up the six-foot-tall privacy fence, even though there was already a smaller fence in the yard. The caregivers say it’s for Barb and Bob’s safety, but relatives who live right next door say it prevents them from communicating with their loved ones.
“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.
Without guardianship, Marcie had no authority to stop her father from driving, or to access her parents accounts to pay for more full-time care.
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.
“How did the judge make you feel,” asked Catallo.
“Like a bad daughter. Like I wasn’t there for my parents enough as I should be,” said Mitchell through tears.
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.
“They’re comfortable there. They’re healthy. They’re taken care of, we have detailed food logs for the food that they’re being served. So Executive Care has come in and tried to stabilize this situation,” said attorney Michael Taylor. Taylor works for Robert Kirk’s law firm, and he’s also the mayor of Sterling Heights.
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 7 Investigators asked Judge George several questions via the Macomb County Probate Court Administrator. The responses are below.
Responses to 7 Investigators from Macomb Co. Probate Administrator
by
WXYZ-TV Channel 7 Detroit
on Scribd
As for Barb and Bob’s family, they are heading back to court next month to try again to get guardianship.“We don’t think she has any intention of granting that to Marcie at that time. So that’s why we have to go to you – we have to get the story out there. There are other families that are sitting ducks, this will happen to them too,” said Sommer.
After we started asking the court questions about this case, Caring Hearts Michigan has now offered visitation to the family.
Michael Taylor sent us this statement from Caring Hearts:
“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.”
The family denies that Barb and Bob were unsafe and that the house was unsanitary.
Full Article & Source:
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?
See Also:
'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
Sunday, June 2, 2019
Michigan AG 'looking into' concerns about state's adult guardianship system
After a contentious Macomb County case
raised concerns about the state's adult guardianship system, the
Michigan Attorney General's Office says it is "looking into" the matter,
and two Michigan chief judges say they'll be working with the attorney
general's Elder Abuse Task Force.
In
a joint statement, Michigan Supreme Court Chief Justice Bridget M.
McCormack and Macomb Circuit and Probate Courts Chief Judge James M.
Biernat Jr. said that after a guardianship ruling made by Macomb Probate
Judge Kathryn George was called into question, the Michigan Supreme
Court will be working with Attorney General Dana Nessel.
#BREAKING Michigan Attorney General opens investigation into Macomb County probate case following @HeatherCatallo report. https://t.co/rU1UZgdqjO— WXYZ Detroit (@wxyzdetroit) May 31, 2019
"Vulnerable Michigan
residents and their families must have confidence that probate courts
are following the law and taking appropriate steps to protect their
rights," the statement said.
The development comes
a day after Marcie Mitchell told Channel 7 (WXYZ-TV) that when she
petitioned for guardianship over her father, Bob Mitchell, and
stepmother, Barbara Delbridge, George instead gave the role to the company Caring Hearts Michigan, Inc.
Caring Hearts Michigan then placed caregivers in the
home 24/7 via another company, called Executive Care, the station
reported. However, following George's decision, the station reported
that Marcie Mitchell and other family members have been kept away from
her father and stepmother.
Amid the ongoing dispute, Caring Hearts
Michigan told the station in a statement that prior to
its appointment, the senior citizens had been living in "dangerous and
unsanitary conditions" and are now safe and healthy in their own home,
according to Channel 7.
Dan Olsen, a spokesman for Nessel confirmed Friday that the AG's office is "looking into the case."
McCormack and Biernat Jr. also directly addressed guardianship dispute issues in their joint statement shared Friday. Full Article & Source:
Michigan AG 'looking into' concerns about state's adult guardianship system
Friday, July 6, 2018
The Massachusetts Adult Guardianship System
In Massachusetts, guardians can be appointed (and removed) by the Probate and Family Court to make decisions on behalf of adults who lack decision-making capacity.Conservators, on the other hand, can be appointed (and removed) by the Probate and Family Court to manage the finances and assets of an adult who lacks the capacity to do so. The court can limit the scope of a guardianship to the areas of life over which the adult lacks the capacity to make their own decisions. Both nationally and in Massachusetts, there has been an outcry in recent years over abuses by unscrupulous and abusive guardians, as well as a movement to embrace alternatives to guardianship like supportive decision-making.
This legislative session, the Joint Committee on the Judiciary heard testimony relating to guardianship and decisional support services. S1177 , the bill originally filed, sought to create an Office of Adult Guardianship and Decisional Support Services within the Executive Office of Health and Human Services, which would be charged with appointing a non-profit organization to act as Public Guardian. The primary goal of the legislation, as stated by the proponents of the legislation, was to address an unmet need in the Commonwealth: to provide guardianship services for the “unbefriended”- those lacking both capacity to make at least some decisions for themselves and lacking the friends, family, or resources to find someone to act as their court-appointed guardian.
Although Senator Brownsberger was convinced (and the Committee heard consistently) that this unmet need was real, the Committee also heard concerns from several stakeholders about the fiscal impact, the immunity provisions of the legislation, as well as whether the legislation could be improved to address more directly abuses by predatory guardians.
The Joint Committee on the Judiciary chose to include the Public Guardian bill in a study order but reported a bill that would establish a special commission to study our adult guardianship and conservatorship system. The Senate included in its final budget a provision that would establish a similar commission, following the adoption of an amendment offered by Senator Creem and co-sponsored by Senator Brownsberger. This language is currently under consideration by the FY2019 budget conference committee. We should learn soon how the amendment language fared in conference. The substance of the Senate budget language reads as follows:
There shall be a special commission to study adult guardianship and conservatorship practices in the commonwealth. The commission shall consist of the following members or their designees: the house and senate chairs of the committee on children, families and persons with disabilities, who shall serve as co-chairs; the secretary of the executive office of health and human services; the chief justice of the probate and family court; 1 representative from each of the following organizations: AARP Massachusetts, The ARC of Massachusetts, Massachusetts Alzheimer’s Association, National Association of Social Workers Massachusetts, Mass Home Care, Disability Law Center, Inc., Massachusetts Health and Hospital Association, Inc., Center for Public Representation, Inc.; 1 person who shall be a member of Massachusetts Advocates Standing Strong, Inc.; 1 person who shall be a member of the committee for public counsel services who practices guardianship or disability law; 1 person who shall be a member of the National Academy of Elder Law Attorneys Massachusetts who practices guardianship law; 1 person who shall be an employee of Greater Boston Legal Services, Inc. who practices guardianship or disability law; 1 person who shall be a member of the Massachusetts Medical Society; 1 person who shall be a competency-expert faculty member or equivalent at the Harvard Medical School; 1 person who shall be a member of the Massachusetts Guardianship Policy Institute; and 2 persons to be appointed by the governor, 1 of whom shall be selected from at least 3 persons nominated by the National Association to Stop Guardianship Abuse and 1 of whom shall be a person under guardianship with a family guardian or conservator, who may be accompanied by his or her guardian or conservator.Full Article & Source:
The study shall include, but shall not be limited to: (i) a review of unmet needs in the commonwealth’s adult guardianship and conservatorship systems; (ii) recommendations on how best to meet the needs of adults with diminished capacity who lack financial resources or family or friends; (iii) an examination of the role that an office of public guardian might have in addressing unmet decisional needs in the commonwealth; (iv) an examination of methods to identify, prevent and remedy guardianship and conservatorship abuses; (v) an examination of the appropriate collection of fees by guardians and conservators; and (vi) a review of alternatives to guardianship, including, but not limited to, supported decision-making and other ways to encourage the use of such alternatives where appropriate.
Not later than July 31, 2019, the commission shall submit a written report of its findings, including legislative recommendations, to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities.
The Massachusetts Adult Guardianship System
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