Trending...
- Gary Bernstein Expands Media Leadership Role With Senior Strategic Advisor Appointment To Blacksun Private Equity - 216
- Warrant Activity, AVERSA™ Progress and a Potentially Transformative Fall Take Center Stage: Nutriband Inc. (N A S D A Q: NTRB) - 189
- Radio Drive's New Album Walk With Me Delivers Two GRAMMY® Submissions Across Rock and Alternative Categories
Monday, Sept. 9, 2019
LANSING - In an unprecedented move, Michigan Attorney General Dana Nessel filed a notice late last week to intervene on behalf of the people of the State of Michigan in a controversial guardianship case in Macomb County.
Nessel's action comes less than a month after she and Supreme Court Justices Megan Cavanagh and Richard Bernstein wrapped up the last of a 12-stop statewide Elder Abuse Listening Tour. The single most frequent complaint heard was that regarding guardianships, said Nessel.
"It is absolutely incumbent on the courts to ensure that the state's guardianship system is providing properly for the vulnerable and that the court-appointed conservators fulfill their fiduciary responsibilities to those in their custody," said Nessel. "That does not appear to be happening in the case of Caring Hearts, which was appointed by Judge Kathryn George as guardian and conservator for Robert Lee Mitchell and Barbara Delbridge."
The appointment of an outside guardianship company was done despite a petition submitted by the daughter and stepdaughter of the couple.
Of significant concern to the Attorney General is the web of connections between Caring Hearts of Michigan, Inc., a guardian agency owned by Catherine Kirk, and two companies also owned in part by Kirk or her husband – Executive Care, a 24-hour in-home care company, and Kirk, Huth, Lange and Badalamenti, PLS, a law firm owned by Kirk's husband. Caring Hearts hired Executive Care to provide in-home care for Mitchell and Delbridge. Legal counsel for the couple was – again at the direction of Caring Hearts – provided by Kirk's husband's law firm.
More on Michimich.com
"The law is very clear on this issue," said Nessel. "The Court shall not appoint as guardian an agency, public or private, that financially benefits from directly providing housing, medical, mental health, or social services to the legally incapacitated individual. In fact, the Estates and Protected Individuals Code specifically prohibits certain financial self-dealing by the guardian with respect to the ward."
Nessel gave a shout-out to WXYZ-TV reporter Heather Catallo for her investigative work that brought this issue to light, saying, "Catallo's work is an excellent example of the incredible importance of journalism in our society."
The case now proceeds into discovery where the parties can seek information as well as file additional motions. Chief Judge James M. Biernat, 16th Circuit Court, set January 10, 2020 for a settlement conference and end of discovery.
A copy of the notice of intervention can be read here.
LANSING - In an unprecedented move, Michigan Attorney General Dana Nessel filed a notice late last week to intervene on behalf of the people of the State of Michigan in a controversial guardianship case in Macomb County.
Nessel's action comes less than a month after she and Supreme Court Justices Megan Cavanagh and Richard Bernstein wrapped up the last of a 12-stop statewide Elder Abuse Listening Tour. The single most frequent complaint heard was that regarding guardianships, said Nessel.
"It is absolutely incumbent on the courts to ensure that the state's guardianship system is providing properly for the vulnerable and that the court-appointed conservators fulfill their fiduciary responsibilities to those in their custody," said Nessel. "That does not appear to be happening in the case of Caring Hearts, which was appointed by Judge Kathryn George as guardian and conservator for Robert Lee Mitchell and Barbara Delbridge."
The appointment of an outside guardianship company was done despite a petition submitted by the daughter and stepdaughter of the couple.
Of significant concern to the Attorney General is the web of connections between Caring Hearts of Michigan, Inc., a guardian agency owned by Catherine Kirk, and two companies also owned in part by Kirk or her husband – Executive Care, a 24-hour in-home care company, and Kirk, Huth, Lange and Badalamenti, PLS, a law firm owned by Kirk's husband. Caring Hearts hired Executive Care to provide in-home care for Mitchell and Delbridge. Legal counsel for the couple was – again at the direction of Caring Hearts – provided by Kirk's husband's law firm.
More on Michimich.com
- Save 15 Percent Off Florida Keys Accommodations with KeysCaribbean's Advance Purchase Rate Discount
- Woodside Rehab & Nursing Enters a New Era of Clinical Excellence and Growth
- Thar Process Partners with French Leader ExtrateX to Bring Prep to Process-Scale SFC to Europe
- Port St. Lucie REALTOR® Irene Pernice Earns SFR® Certification
- AMR and UAS Take the Stage at WorldSkills Shanghai 2026
"The law is very clear on this issue," said Nessel. "The Court shall not appoint as guardian an agency, public or private, that financially benefits from directly providing housing, medical, mental health, or social services to the legally incapacitated individual. In fact, the Estates and Protected Individuals Code specifically prohibits certain financial self-dealing by the guardian with respect to the ward."
Nessel gave a shout-out to WXYZ-TV reporter Heather Catallo for her investigative work that brought this issue to light, saying, "Catallo's work is an excellent example of the incredible importance of journalism in our society."
The case now proceeds into discovery where the parties can seek information as well as file additional motions. Chief Judge James M. Biernat, 16th Circuit Court, set January 10, 2020 for a settlement conference and end of discovery.
A copy of the notice of intervention can be read here.
0 Comments
Latest on Michimich.com
- Acuvance Coker Study Finds Experience, Not Supply, Is the Biggest Advanced Practice Provider Workforce Challenge
- Uk Financial Moonshot Token™ Robinhood-chain Goes Live On Tokpie Exchange Tomorrow, With Solana Side Of UKFLMS To Follow In Global Listing Expansion
- We're Not Too Hungry for Love. We May Be Feeding the Hunger the Wrong Things
- Ann Arbor-Based Socius Earns Odoo Silver Partner Status
- Friendly Pro Services Helps Metro Detroit Homeowners Prepare for Changing Seasons, Power Outages and Winter Weather
- Solid Earth's new "Welcome to Real Estate" campaign introduces RealtyID™: Know Before Your Open the Door
- Radio Drive's New Album Walk With Me Delivers Two GRAMMY® Submissions Across Rock and Alternative Categories
- Kaplan Morrell and Attorney Jacqui Condon Selected to Represent Professional Women's Soccer Players in Workers' Compensation Matters
- ClearSight Therapeutics Receives NIH SBIR Phase I Award for Conjunctivitis and EKC Research
- Lunai Bioworks (N A S D A Q: LNAI) Takes Parkinson's Discovery to the Next Level With Exclusive Tanaist Agreement
- Revenue Optics Names Prat Patibandla Director of Growth Marketing
- CIMdata to Host Free Educational Webinar on Navigating PLM End-of-Life
- Independent Autopsies Are Changing Civil Cases: Kansas City Forensic Explains Why Families Are Seeking Second Opinions
- Harborside Senior Living Announces New Partnership With Huron Valley PACE
- JEGS Launches Transformed Digital Commerce Platform Powered by PhaseZero
- Subject matter experts: Present your ideas at IISE Annual Conference 2027 in Louisville
- Cummings Graduate Institute Celebrates New Doctor of Behavioral Health Graduates
- Visit London Appoints The SEO Works for AI-First Search Strategy
- Inglewood Associates and Gordon Brothers Provide Update on Sale Process for 925 Euclid Avenue in Cleveland
- Century Fasteners Corp. Exhibiting at the 2026 International Fastener Expo