For the Well-Connected,
There is Gold at the End of That Rainbow
Marcie Mitchell's father, Bob, and her stepmother Barb, were both suffering from dementia along with other mental health issues. Marcie began to worry about things like making sure they got their medications, keeping her father from driving his car, and that their home was clean and day-to-day needs were attended to.
She came to realize that, in order to keep Bob and Barb safe, happy and living in their own home, she would need to take over as their guardian. She knew that in Michigan, the law governing guardianship gave priority to family members, so it would be a simple matter. Then she ran into Macomb County probate judge Kathryn George who, in 2008, had been removed, by an order from the Michigan Supreme Court, as chief judge of the probate court due to concerns over her “questionable overuse” of a guardianship company she was appointing to cases.
Judge George, instead of giving guardianship to a loving daughter, insisted on appointing Carrying Parts Michigan Inc. even though, when the family was asked if they thought Marci should be Bob and Barb’s guardian, said“ Absolutely, we were all 100% behind her.”
Carrying Parts Michigan Inc is owned by Kathy Kirk.
“Coincidentally” Kathy Kirk is married to Macomb County public
administrator and probate attorney Robert Kirk.
And “coincidentally” Kathy Kirk just happens to also own company that provides 24/7 caregivers called Executive Care —Bet you’ll never guess who was hired to provide the caregivers for Bob and Barb. Surprise, surprise, it was Executive Care.
Would you be further surprised to hear that Bob and Barb were not a couple of insignificant means? Bob and Barb had a nice fat nest egg of $2.7 million and Carrying Parts Michigan Inc says the $240,000 they billed that nest egg, for one year of service, was absolutely appropriate.
If you aren’t surprised by that, how about this? Claiming that it was for Barb’s and Bob’s safety, the caregivers replaced the fence around their home with a six-foot-tall privacy fence—at Bob’s and Barb’s expense, of course. Relatives who live right next door say it prevents them from keeping an eye on their loved ones, as they used to, and they are even prevented from communicating with them.
Well, don’t be surprised. Because mistreatment of seniors and disregard for Michigan’s (in fact all states’) procedures in order to benefit friendly judges, lawyers, nursing homes, and guardianship organizations goes on every day in probate courts across this country.
In most cases, Bob and Barb would have spent the rest of their lives cut off from family and loved ones, thinking they have been abandoned; often physically abused; their carefully saved funds drained; and finally dying alone and in misery.
But, in the case of Bob and Barb, a guardian angel arrived in the form of reporter Heather Catallo of ABC affiliate Action 7 (WXYZ-TV), who said, “The Action 7 Investigators get a lot of calls from families whose 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.”
The attention brought by Ms. Catallo’s coverage, and probably also the marvellous series that journalist Gretchen Hammond self-published in The Daily Kos (see note), brought the attention of Michigan Attorney General Dana Nessel. Caring Hearts has filed an objection that says the AG is acting outside of the law and has no business intervening. They were right, but happily she did anyway.
Michigan Supreme Court Chief Justice Bridget M. McCormack and Macomb Circuit and Probate Courts Chief Judge James M. Biernat, Jr. have been given the task of looking into this situation. In a joint statement they said, “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….Vulnerable Michigan residents and their families must have confidence that probate courts are following the law and taking appropriate steps to protect their rights.”
A probate court spokesman is quoted as saying, “Judge George knows the Kirks informally through political and bar association events… there is no business relationship.”
He forgot to mention the political donations.
Isn’t it ironic that throughout history, in oppressed and war-torn nations, the appearance of the American flag has given hope of freedom? Right now, Kurdish freedom fighters are wearing American flag patch on their shoulders, and Old Glory is seen flying in the midst of protesters in Hong Kong. Yet, in America, we have evolved into a country that, through taxes and guardians’ salaries, we are forced to pay the salary of politicians, lawmakers, judges, and guardians who are at best indifferent to our suffering and at worst abusers themselves. Where in our wonderful Constitution does it say we must support our own tormentors?
NOTE:
It is a lot of reading but well worth your time if you want to thoroughly understand what is being done to Michigan citizens and, if the public does not insist on change, what can happen to you:
The Fortress Part One of Five: Unacknowledged and Unprotected: https://www.dailykos.com/stories/2019/8/23/1880784/-The-Fortress-Part-One-of-Five-Unacknowledged-and-Unprotected?_=2019-08-23T12:17:56.838-07:00
The Fortress Part Two of Five: Protected in Hell:
https://www.dailykos.com/stories/2019/8/23/1880806/-The-Fortress-Part-Two-of-Five-Protected-in-Hell
The Fortress Part Three of Five: Profiting from Protection:
https://www.dailykos.com/stories/2019/8/23/1880821/-The-Fortress-Part-Three-of-Five-Profiting-from-Protection
and The Fortress Part Four of Five: The Consequences of Protecting Justice: https://www.dailykos.com/stories/2019/8/23/1880844/-The-Fortress-Part-Four-of-Five-The-Consequences-of-Protecting-Justice