From FB: Mich. ATG voids contract where others made $250k from an elderly disabled woman

https://www.macombdaily.com/news/copscourts/nessel-macomb-county-probate-judge-s-guardianship-appointment-violated-law/article_540c67ea-d31b-11e9-899b-27900eb17fc1.html

 

NB:  This happens all the time in Cook County Probate.  There is no oversight as to the companies and 3rd party vendors the judges appoint, and no one cares that a family member would do the same job cheaper and better (Gloria Sykes and the Mary Sykes case)

Nessel: Macomb County Probate judge’s guardianship appointment violated law

Kathryn George
Macomb County Probate Court Judge Kathryn George

A Macomb County judge violated state law when she appointed a guardian-and-conservator company that reaped financial benefits from the appointment, according to Attorney General Dana Nessel.

State Public Administrator Michael Moody, on Nessel’s behalf, argues in a legal document Friday that Probate Judge Kathryn George created a law violation by appointing Clinton township-based Caring Hearts of Michigan Inc. as guardian and conservator for Robert Mitchell and Barbara Delbridge last November, over a daughter and stepdaughter of the couple.

Caring Hearts hired Executive Care to perform the care for the couple, according to the state. Both companies are owned by Cathy Kirk. In addition, Caring Hearts employed the firm of her husband Robert Kirk — Kirk, Huth, Lange and Badalamenti — for legal services. The trio of companies share the same address on Hall Road, east of Romeo Plank Road.

Caring Hearts charged more than $250,000 for about six months of care.

George through a spokeswoman declined to comment Monday, referring the matter to court officials.

The Attorney General in the filing Friday seeks to intervene in the Probate case, saying that all prior transactions are “voidable” due to the arrangement.

Dana Nessel
Michigan Attorney General Dana Nessel

The law in question says, the “Court shall not appoint as guard an agency, public or private, that financially benefits from directly providing housing, medical, mental health or social services to the legally incapacitated individual.”

Moody comments in the brief, “The intention behind this provision is to prevent conflicts of interest.”

“All of these financial transactions set forth in Caring Hearts’ Final Account are presume to be affected by a conflict between personal and fiduciary interests, and therefore voidable,” Moody adds.

Caring Hearts attorney Edward Nahat disputed Nessel’s claims Monday, saying state attorneys misapplied the law and should not have sought to enter the case.

“The Attorney General’s petition … misapplied the statute to these circumstances and is over-reaching by trying to intervene in a case she shouldn’t be involved in,” Nahat said.

He said the law quoted by state lawyers applies to investments and housing transactions, neither of which Caring Hearts and Executive Services were involved.

He said George knew of the arrangement.

Nahat called Nessel’s involvement “heavy handed,” noting that it has drawn publicity.

He said Caring Hearts supports a review of the accounting and charges in the case.

“A remedy is already available to the family,” he said. “They can get their own day in court. They don’t need the Attorney General’s help.”

Probate Court in September 2018 instituted a policy that requires a company or fudiciary must reveal whether a person related to the company or fudiciary is performing a service for the fudiciary or company, according to John Brennan, deputy court administrator.

Brennan said he does not believe the relationships were disclosed in the Mitchell and Delbridge cases.

Expenditures will be reviewed over the next several months. A hearing in the case is scheduled for Jan. 10.

Nessel issued a news release on the matter Monday.

“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,” she said. “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.”

Nessel added that the “Estates and Protected Individuals Code specifically prohibits certain financial self-dealing by the guardian with respect to the ward.”

Nessel announced in May that George was under investigation for her role in the case involving the couple following reports initiated by WXYZ-TV (Channel 7).

State Supreme Court Chief Justice Bridget McCormack and Macomb Chief Judge James Biernat Jr. at that time of the announcement released a joint statement in support of the probe.

Family members of the couple said George should have appointed them as guardians and conservators to watch over the care and finances of the couple, both 70 or older and in declining health.

Robert Mitchell and Barbara Delbridge
Robert Mitchell and Barbara Delbridge

Mitchell’s daughter, Marcie, and other family members complained their visits were limited and that caregivers installed a 6-foot fence around the property near Hall Road and Van Dyke Avenue that blocked the vision of family members who resided next door. The said the couple were virtual prisoners in their home.

They also raised questions about the guardian and conservator company’s spending from the couple’s more than $2.5 million in assets.

Caring Hearts and Executive Services in early June withdrew from serving as guardian and conservator. Attorney Terry Gilsenan was named temporary guardian, and attorney Martin Brosnan was name temporary conservator.

On June 26, Judge Biernat, who had taken over the case, granted Marcie Mitchell guardianship over her father, Robert, and Anita Little gained guardianship over her sister, Delbridge.

The pair on Friday also were named conservators, although each has to file a bond and paperwork in order to take over.

Attorney Frank Cusumano said Monday he plans to file a legal action on Little’s behalf “to unwind the transactions” involving Caring Hearts, Executive Services and the law firm.

“Anita Little wants to do her part to make sure that this activity does not occur and injure another family,” Cusumano said.

The older couple are currently residing in a facility in Genesee County, closer Marcie Mitchell’s Clarkston home.

The case developed as Nessel has been vowing to crack down on elder abuse. She formed Michigan Elder Abuse Task Force earlier this year shortly after she took office. This summer, she conducted a statewide “listening tour” to hear complaints about elder abuse and complaints about Probate Court, which oversees will and estates of incapacitated and deceased individuals.

Marcie Mitchell Gretchen Sommers
Marcie Mitchell, left, daughter of Robert Mitchell, and her cousin Gretchen Sommers talk about Marcie Mitchell’s appointment as her father’s guardian in June in the Macomb County courthouse in Mount Clemens.

MACOMB DAILY FILE PHOTO

Robert Kirk last month was removed as a state Public Administrator for appointment to certain Probate cases.

George has served as a Macomb Probate Judge since 2003. More than a decade ago, George came under the scrutiny of state officials and removed as chief probate judge for her relationship with a now-defunct guardianship company, conflict with the second probate judge and dysfunction at the court.

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From TKAB: Dr. Lillie White being exploited in Fla. gship where her assets are drained and she is isolated from friends and family

PRESS RELEASE

For Immediate Release, September 9, 2019

Contact: Teresa Kay-Aba Kennedy,    elderdignity@hotmail.com, 212-901-6913

FLORIDA SENIOR ISOLATED FROM FAMILY OF 50 RELATIVES FOR THREE YEARS DESPITE VIDEO OF HER ASKING FOR HER SISTER, NIECES & NEPHEWS

Guardian refuses to let anyone speak with her without a “passcode,” court ignores motions, and care facility refused to disclose safety preparations for Hurricane Dorian

DELAND, FL – On Friday, September 6, 2019, Dr. Lillie Sykes White turned 91. Her family of almost fifty people wanted to celebrate her. On video, released today, she said she wants to see her sister, nieces and nephews. Yet, the estranged granddaughter Lisa Marie Rene of Maryland–who no one in the family knows–is blocking them from any contact. A team of attorneys are benefiting from the $4 million estate and the Seventh Judicial Circuit Court seems to be endorsing the exploitation. It is tantamount to human trafficking but no one in Florida leadership is helping despite recent guardianship scandals. Video can be viewed at    https://youtu.be/ssC0XcFCgtQ

“I called the facility where Lillie is being held and they refused to let me know what preparations they were making for Hurricane Dorian,” said Janie Sykes-Kennedy, Dr. White’s 83-year-old sister. “We called on Lillie’s birthday and couldn’t speak with her. The administrator said she may not even receive our cards. This is inhumane,” she added.
In 2012, Dr. White was entrapped in a guardianship by family friend Chauncey Ford and the granddaughter. Sykes-Kennedy joined her sister to fight off their legal actions. On August 30, 2016, Dr. White left her Palm Coast home with her niece Sheila Bryant in order to go to the doctor. After Ms. Bryant was called in the other room to fill out paperwork, emergency temporary guardian, Sara Caldwell, Esq. of Daytona Beach and Attorney ad Litem, Tance Roberts, Esq. of St. Augustine, both appointed unnecessarily by Circuit Judge Margaret W. Hudson of Flagler County, seized Dr. White from the waiting room. There was no notice, danger or emergency. Police reports stated that Dr. White was safe in her home and “didn’t seem incapacitated.” She retained the right to choose with whom to socialize, and she wanted to be with her sister in the house she built for retirement. Yet, the court agents refused to disclose her location and Judge Hudson ignored multiple Emergency Motions for Judicial Review. Dr. White was stripped of all rights, her home was sold to pay attorney fees, and the guardian told neighbors she had died.

“My aunt was kidnapped under color of law and the attorneys have been making up reasons to justify their actions after-the-fact,” said Teresa Kay-Aba Kennedy, Dr. White’s niece and producer of    The Deception of Protection. “Across the country, guardianship laws are being manipulated and used as a weapon to separate seniors from their families, silence them and steal their estates. We need public outrage and federal intervention,” she added.

In 2018, Ms. Caldwell resigned. The Office of Public and Professional Guardians (OPPG) was conducting an investigation into allegations of wrongdoing. At the same time, the family found Dr. White via private investigators. Her sister and niece visited in November 2018. Even though it was joyous, Dr. White is on lockdown again. Behind closed doors, the Flagler Court appointed Ms. Rene Guardian and Trustee even though she did not qualify. She had filed bankruptcy and had been removed as Trustee by the Orange County Court. The Fifth District Court of Appeal affirmed the decision. There was also an Orange County Court Order denying her visitation and communication based on Dr. White’s direct testimony in court and affidavit stating she was being victimized by her. The Flagler Court failed to let anyone else in the family know about Ms. Rene’s appointments, and thus, they could not object. Judge Hudson warned the attorneys about using Dr. White’s estate as a “cash cow,” but continued to sign off on the excessive billing. Florida law requires that the Court follow Dr. White’s expressed wishes, yet the decisions have been entirely inconsistent with her stated desires which are well-documented over the past eight years. She had taken the granddaughter out of her Trust in 2012 before the improper incapacity ruling and isolation from family.
“I was with Aunt Lillie for five years and it’s heartbreaking that I can’t even speak with her now,” said Ms. Bryant.
Anyone who calls for Dr. White requires a “passcode.” Multiple family members have reached out to Ms. Rene for the code but she is not returning calls. Ms. Rene’s attorneys at Shuffield Lowman in Orlando refuse to provide the code. Despite a new judge, the Court has ignored Ms. Sykes-Kennedy’s motions. Contact with Dr. White by her sister, nieces and nephews is being “unreasonably withheld,” which violates her rights and the U.S. Constitution. The family fears she will be medicated to death to cover up the fraud or isolated so long she will lose hope.
In the video from the visit, Dr. White herself said, “It’s amazing. I never thought anything like this could have happened… They’ve got to be crazy… I’m ready to go… I didn’t know about all of this–people being able to take my money for nothing… They think they can get away with it but once I start talking they’ll shut up.” She wants to “make it right” and added, “I’m going to take them to court and sue them for using my home and using me.”

Who will help free Dr. White? Learn the backstory and watch other videos at:    http://elderdignity.org/in-lillies-voice/

Online version of release:    http://elderdignity.org/release-the-forbidden-reunion/

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Attachments area
Preview YouTube video The Forbidden Reunion

Preview YouTube video Deception of Protection: Anatomy of an Involuntary Guardianship

From KKD: status of guardianship in Illinois is still code red

On Monday, September 9, 2019, 08:25:55 PM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
Indeed – Shame on me – in my America every day the HUMAN TRAFFICKING IN GRANDMA CONTINUES unabated.

I heard from an Illinois citizen that his wife was seized by the Illinois Public Guardian and he and her son have been barred from any contact with her.     Exactly how a guardian (including the public guardian) could have been appointed is a major mystery.     Several medical professionals have denied that the wife is incompetent – however, the Court is reported to have determined that the citizen (and his wife) failed to meet the standard of determining that she is not in need of guardian.

It appears that on the 18th Floor of the Daley Center in Chicago the 14th Amendment has been abrogated and Statutes regulating guardianship have been reduced to the criteria of human trafficking in the elderly.

The Illinois Statutes define guardianship and the standard of proof, to wit:

(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
Sec. 11a-2. “Person with a disability” defined.) “Person with a disability” means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his estate as to expose himself or his family to want or suffering, or (d) is diagnosed with fetal alcohol syndrome or fetal alcohol effects.
(Source: P.A. 99-143, eff. 7-27-15.)

 

    (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
Sec. 11a-3. Adjudication of disability; Power to appoint guardian.
(a) Upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to be a person with a disability, but only if it has been demonstrated by clear and convincing evidence that the person is a person with a disability as defined in Section 11a-2. If the court adjudges a person to be a person with a disability, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate.
(b) Guardianship shall be utilized only as is necessary to promote the well-being of the person with a disability, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations.
(Source: P.A. 99-143, eff. 7-27-15.)

 

The statute is quite clear – the burden of proving the need for a guardian is not only placed on the petitioner, but requires the highest standard of proof (in a civil case), to wit:

Clear and Convincing evidence

This standard was not determined by the Illinois legislature as a whim – it is mandated by the 5th and the 14th Amendment, the Illinois Constitution, and the Americans with Disabilities Act.     The statute is also very limited, to wit:

(b) Guardianship shall be utilized only as is necessary to promote the well-being of the person with a disability, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations.
(Source: P.A. 99-143, eff. 7-27-15

 

The words of the Statute unfortunately are being routinely ignored by ‘corrupt’ judges, attorneys appointed as guardian ad litems, and persons appointed as guardians.     What has occurred however is the ‘birth’ of a cottage industry – i.e. the HUMAN TRAFFICKING IN THE ELDERLY.

If you google the subject of the appointment of guardians you will get a sanitized impression of a legal process designed to assist the elderly = not a predatory criminal enterprise.    That impression is wrong in a great number of cases.     Even more serious is the fact that these criminal enterprises have been and are being documented by many – and almost totally ignored by the judiciary, the judiciary disciplinary commissions, our elected officials, local law enforcement,  the public, the media, and until recently even Federal Law Enforcement.

There is no shortage of expose’        Blogs have been published exposing in vivid detail that modern Holocaust and Gulag, to wit: Probate Sharks, NASGA, MaryGSykes, AAAPG *****.     The Oct 9, 2017 NEW YORKER, the Wall Street Journal, the New York times ***** have written articles exposing the criminal enterprise, and currently in Florida another Guardian has been exposed well exceeding any possible authority she might have had.    Dr. Samuel Sugar has written a book (Guardianship) that leaves all doubt as to the MO of the miscreants and just how they get away with overt Kidnapping, extortion, intimidation, theft, tax evasion, money laundering, conspiracy, civil rights violations etc.    Janet Phelan has similarly exposed details concerning the nitty gritty of the ‘elder cleansing’ ******

The Government Accounting Office has also published several (4) reports to Congress detailing the cottage industry and while mostly generating yawns, a couple of bills duplicating remedies that should be inherent in the RULE OF LAW and primary laws of a Democracy have been passed.     Only recently has the Federal Law authorities been noted to be looking into this massive and incredibly lucrative criminal enterprise.       The fact that some victims and their families are reporting the emergence of Federal law Enforcement doing HONEST INVESTIGATIONS is heartening.

The foregoing aside – it is apparent that the ‘beat goes on’ and the arrogance of the POLITICAL AND JUDICIAL ELITE who are actively engaged in the human trafficking in the elderly continues unabated.       In almost every case we note the following:

1.   Isolation of the victim.      Grandma is seized, and separated from her family and prior life.    A guardian ad litem or some other Court official points out to the Court that grandma is upset when she finds herself isolated and the GAL concludes that the family agitates Grandma.    Thus, to visit Grandma the family has to pay a Court related firm to supervise visitation.

2.   Appoint a guardian and seize assets.    If the Statute is followed prior to a guardian being appointed the Court must hold a hearing and comply with DUE PROCESS.     This is obviated by the Gal reporting to the Court that grandma has waived her right to due process, notice, hearing, clear and convincing evidence of her actual disability if any, and her humanity.       The Court without further then appoints a guardian who immediately seizes all the assets that can be located – including but not limited to the assets of Grandpa and any member of the family who objects to the human trafficking in grandma.   (NB.  Sometimes a family member has to be appointed guardian – if that family member does not co-operate in the elder cleansing felonies he/she is accused of stealing from grandma and punished.    A then more co-operative guardian is appointed.

3.   Opioids and other chemicals are routinely administered to grandma so that she is docile.    Federal and State health care programs (and some insurance programs) are very generous in providing the cash to support the continued kidnapping and isolation.     The Nursing homes are usually owned by large contributors to the dominant political party and they are grateful to their benefactors.   Come election time grandma votes for the candidates of the political party.     The Government supplies ample fund to fully compensate all the miscreants.

4.   A family member or interested person who objects to the HUMAN TRAFFICKING in Grandma is hauled before the Court, threatened with sanctions, contempt (jail), and other punishments.    If that family member should accidentally remember that this court’s venue is the United States of America and not Soviet Russia he/she is terrorized and subjected to criminal judicial criminals that would shock a Soviet Judge’s conscience.     Lawyers who interfere with the process are suspended from the practice of law by the State Supreme Court.    (All hearings are of the Kangaroo variety – i.e. the result is determined prior to the hearing)

5.   When Grandma’s assets are depleted and there are no more funds to be stolen – Grandma suddenly expires!      To alleviate the sadness of the even, cremation occurs as if grandma were an Orthodox Jew.

6.   The court approves all the accountings of the guardians and closes the estate.

 

Dr. Sugar’s book suggests that the ‘feeding tube’ scenario is used to make certain that the Carolyn Wyman situation is not repeated.   (Ms. Wyman’s son recognized that his mother was perfectly competent and that she was going to be ‘[elder cleansed’     The son, entered the nursing home, and spirited his mother not only out of the home, but to a Western state.     His mother opened her business and made a substantial income to support herself not only embarrassing the corrupt GAL, Judge, Attorneys etc.     She did not return to Illinois leaving the miscreants with an embarrassment.    Had the guardian not been negligent and installed a feeding tube, Ms. Wyman would never have escaped and her son could never have written a book detailing the trafficking in his mother.      (If you want to learn more about Mrs. Wyman give JoAnne Denison as call.    Attorney Denison is actively exposing the criminal conspiracy (my words) – Mr. Jerome Larkin, the Illinois Disciplinary commission – refers to Attorney Denison’s exposing of criminals in black robes as “yelling fire in a crowded theater!)

The Illinois Statute is clear – even if it is ignored.     It also is the Standard and consistent with the mandate of the 14th Amendment.     The guardianship for grandma is not a trivial thing – it is a terrorist attack on America that now has claimed more victims that 9/11!        The home grown terrorists in Illinois are elected to public office year after year and will be continued to be elected – UNLESS the United States of America gets really serious and demonstrates that the CONSTITUTION OF THE UNITED STATES OF AMERICA actually has meaning and is not just a collection of words.

When the bleeding hearts go on their scavenger hunts for alleged atrocities conducted by our government it is interesting that they ignore the modern holocaust / gulag that is being committed against GRANDMA!      The irony is that YOU and I are both potential victims of the human trafficking in Grandma!     It is in our self interest to demand and see to it that the corrupt judiciary and their co=conspirators are brought to Justice.     It is either them or us!     Intelligent people should recognize their own self interest?

 

Democracy is not a spectator sport.

Remember the words of the statute lost in the translation by the corrupt judges who have anointed those criminals who would separate us from our liberty, humanity, property and Americanism, to wit:

 

 

(b) Guardianship shall be utilized only as is necessary to promote the well-being of the person with a disability, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations.
(Source: P.A. 99-143, eff. 7-27-15

From KDD: Guardianship still dangerous to your health and welfare in Cook County

Today’s elderly is faced with a ‘brave new world’ that is foreign to them.      At one time it was actually safe to grow old and being elderly ipso facto warranted respect.      Yes, there were predators who preyed on the elderly, but they were not lauded, elected to public office, and protected by the Political elite.

The human trafficking in the elderly (elder cleansing felonies) today are a an epidemic and a cottage industry fostered openly by many in our government.     A lawyer who objects to the predation exhibited by a ‘court appointed’ guardian is considered to be a miscreant whose objections are akin to “yelling fire in a crowded theater” and such a deviant and bad person to warrant long suspensions of his;/her law license.    A family member who objects to the common technique of debilitation of an otherwise healthy (but targeted) elderly person is routinely held up to ridicule, contempt of court punishments, confiscation of assets etc.     Indeed, in cases disclosed by the blog AAAPG, NASGA, probate sharks, MaryGSykes, ****, four GAO reports, the Oct 9, 2017 New Yorker article, a Wall Street Journala New York Times Article etc. the Modius Operandi is almost always similar.     Dr. Sugar’s book GUARDIANSHIP details that process (and is a must read).    The net, net, is that a culture of predation has grown up in America (and especially in our Court system) that is designed to surcharge our health care system by more than 700%, confiscate the savings, the liberty, the property, and the human rights of the elderly, and ravage any semblance of honor, honesty, or efficacy in our institutions.

The 1st Amendment is being trashed by the governmental corruption that has polluted our court system and allows for the Court to appoint a guardian for a fully competent elderly person targeted by Political and Judicial elitists and deprive that individual of his/her liberty, property, associations, life and Constitutional rights without actual due process of law.

As many have pointed out the MO is clear.     A targeted senior is taken into custody by a Court appointed guardian and after the administration of mind deadening drugs literally stripped of his/her assets, dignity, property, rights, humanity etc.      It really does not matter if this senior is competent – i.e. knows the objects of his bounty, extent and nature of his property, and can execute a simple business transaction – the seniors assets, benefits from federal and state health care and other assets are laid out on the table to distribute amongst the established political and judicial elite.

Most States – on paper – have procrustean written procedures to make certain that a n individuals 1st, 4th, 5th and 14th amendment rights are protected – however, as indicated in the Mary Sykes case 09 P 4585 (Circuit Court of Cook County) a corrupt judge can and will obviate all protections.       The Court regulators, gadflies, court observers, private citizens, media, law enforcement et al either do not care or are disinterested in the assault on America that is being perpetrated.     In Sykes that Statute (755 ILCS 5/11a – 10) sets up criteria that must be followed as to grant JURISDICTION.      A review of the file in Sykes indicates that every safeguard was thwarted.     Even the required summons was not served!     No hearing was held.    No notice of hearing was even attempted.      NB.   Illinois recognizes that judicial fraud is real and that it is tempting to judges many of whom have paid large sums of money to the Cook County Democratic Party to become judges, so 755 ILCS 5/11a – 3 not only sets forth strict rules as to whom may be provided a guardian, but sets a high burden of proof to establish the need and strict limitations on the guardian’s powers.

Of course, statutory protections are meaningless when they are ignored.     And of course, when corruption is rampant citizen protections are meaningless.      It appears that Dr. Sugar has picked up the torch and in his quiet unassuming manner is attempting to organize us – the “great unwashed” out of our complacency and maybe strike a blow for FREEDOM, decency, and honor.

 


“The Guardians” – Nov 4, 2019

Re-scheduled Date!

Nov 4, 2019, 3 – 7:30 pm

Movie + Town Hall –
FREE to attend!

November 4, 2019
3:00 PM – 7:30 PM
Marriott Orlando Airport Lakeside
7499 Augusta National Drive
Orlando, FL 32822

#GuardianshipAwarenessTownhall

Existing tickets will be honored–you do not to get a new ticket or reservation.

If you need a ticket, please pick one up for free by going to this EventBrite link.

From KW: Where to complain–the important emails for FBI and states attorneys, Illinois

Here are the emails you should send evidence of a crime to:

FBI:

ada.cmplaintsadmin@usdoj.gov

chicago@ic.fbi.gov

fbi@service.govdelivery.com

hrstips@usdoj.gov

NOTE:  I do believe that the current administration may have shut down human rights and ada complaint emails. you might want to call them and demand they reinstate these email addresses.

Cook County States Attorney

statesattorney@cookcountyil.gov

Illinois Attorney General:

aag_consumer@atg.state.il.us

If you can manage to get the first and last name of any attorney there or investigator, you can probably email them evidence of court corruption by following the format first name.last name and then use the rest of the above emails

Please post any emails you might have for the fbi and state attorney generals to help people turn over corruption evidence so we can get rid of corruption in govt.

thanks

From NASGA; Mich. Atty Gen. fires 3 Public Administrators

One of the grounds was forced placement in nursing homes against the disabled person’s will or into group homes in sub human condition.  Sound familiar?

MICHIGAN ATTORNEY GENERAL DANA NESSEL AND GOVERNOR GRETCHEN WHITMER TIED TO INVESTIGATION OF MASSIVE ELDER ABUSE AND EXPLOITATION RING..

Posted: 28 Aug 2019 06:23 PM PDT

LOS ANGELES , CA, USA, August 26, 2019 /EINPresswire.com/

NESSEL FIRES THREE PUBLIC ADMINISTRATORS EXPOSED IN THE STORY. 

Michigan Attorney General
Dana Nessle

An August 23 investigation detailing a massive alleged elder abuse and exploitation ring operating out of a Michigan probate court was published on the same day that Michigan Attorney General Dana Nessel fired three public administrators, exposed in the story as allegedly exploiting thousands of vulnerable Americans under their guardianship.

High-profile cases such as the ongoing dispute concerning the estate of famed musician Aretha Franklin have been affected.

Franklin’s eldest son Clarence is under the guardianship of Michigan attorney Jon Munger who is one of the targets of the probe which uncovered an unsettling number of alleged crimes including abuse, neglect, robbery, and exploitation, often in cases that arguably didn’t merit guardianship in the first place.

In as little as a year, so called “incapacitated wards” are stripped of the entirety of their savings and possessions and rendered completely reliant upon social services and benefits such as Medicaid. 

Hammond states that she and her team revealed their findings to Nessel’s staff at a March 12, 2019 meeting implicating three of the four public administrators Nessel eventually fired.

On March 25, 2019 Nessel announced the creation of a multi-agency Elder Abuse Task Force. The Task Force presented nine reforms to the guardianship system. Nessel claims the firings were due, in part, to Task Force discoveries.

Hammond says she does not buy it.

“Michigan Attorney General Dana Nessel and her staff knew this story was coming ever since our March meeting,” she says.”Her firing of the public administrators we discussed has been a long time coming but doesn’t have any effect without criminal investigations. They can still take guardianship cases.”

In a forensic review of the Oakland County Probate Court, available to the public for the first time in Michigan history, Mulholland also concludes that criminal investigations into the guardians are warranted.

Hammond’s investigation found campaign donations from Nessel to Oakland County Probate County Chief Judge Kathleen Ryan. It also revealed hundreds of thousands of dollars in donations to Whitmer by a public relations company owned by Ryan’s brother James.

Background:
Every US state still uses form of guardianship Rooted in Medieval English law, at its best, it is designed to protect citizens who are no longer able to protect themselves by declaring them wards of the state. However, increasing reports of abuse cropping up nationwide, has prompted Congressional calls for reform.

But the level of controversy over how guardianship cases are handled in the Detroit-area Oakland County Probate Court has reached such heights, the story reads more like Orwellian fiction than it does a model of the American experience.

Discoveries include the forced separation of families and isolation of the vulnerable; fraudulent petitions for guardianship by Adult Protective Services investigators; massive over-billing; the forced removal of individuals from their homes and the placement of them in nursing facilities or unlicensed group homes with subhuman living conditions; real estate fraud; and missing assets that number in the millions of dollars. 

The investigation met with constant challenges, including threats and harassment by Oakland County Sheriff’s officers. A surreal March 12, 2019 four-hour meeting between Hammond’s team and Michigan Attorney General Dana Nessel’s staff led to a new line of inquiry and discoveries of campaign ties between Nessel, Whitmer and Oakland County Probate Court Chief Judge Kathleen Ryan and her family.
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ROGER NEAL
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The Fortress Part One of Five: Unacknowledged and Unprotected

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From DF: Mich. gship cost 90 yo woman $123k for 90 days of court ordered services

Just when you thought it could not get any worse:

Local family says guardianship cost elderly woman $123K for 3 months of care

Posted: 5:45 PM, Aug 13, 2019
Updated: 9:02 PM, Aug 13, 2019

Piera Franklin.jpg

(WXYZ) — More than $123,000. That’s what a local family says a guardianship cost their elderly mother for three months of care. It was a huge chunk of her life savings.

It’s the same guardianship company that 7 Investigator Heather Catallo exposed back in May when they were accused of cutting off family contact with an elderly couple.

The family in this case originally didn’t want to talk to us on camera, but when they saw the fees that Caring Hearts Michigan is asking a judge to approve – they agreed to speak out.

Piera Franklin is 90 years young and still loves working in her yard.

After she had some health issues in February, Macomb County Probate Judge Kathryn George appointed Caring Hearts Michigan Inc. as Piera’s temporary guardian and conservator. That means Caring Hearts had total legal control of Piera. As her conservator, they also had total control of her money.

Caring Hearts Michigan Inc. is owned by Cathy Kirk. Court records show, Kirk used her husband’s law firm to bill the estate. Kirk also used one of her companies, Executive Care, to provide 24/7 in-home care for Piera.

Please note: Caring Hearts Homecare of Southfield is not affiliated in any way with Cathy Kirk’s Caring Hearts Michigan Inc.

Piera said that she didn’t need that. She cooks, cleans, washes her clothes and didn’t want that kind of 24/7 help.

In May, the 7 Investigators were in the courtroom when the judge took Caring Hearts off the case and granted guardianship and conservatorship of Piera to her son , John. But the Franklin family was stunned when they recently got the final accounting from Caring Hearts.

For only 91 days of care, Caring Hearts wants the court to approve:

  • $10,5224.37 for guardianship services
  • $19,369.90 in legal fees for Cathy Kirk’s husband’s law firm
  • $86,304 for home care charged by Executive Car

“Is more than $86,000 for 91 days of care reasonable,” asked 7 Investigator Heather Catallo.

“Not in my opinion,” said John Perrin, an attorney hired by Piera’s son, John Franklin. “Based on the invoices themselves, there’s clearly overcharges here.”

“Do you feel like they earned that money?” Catallo asked Piera.

“No! No way no way! Because they didn’t do anything. No help for me, no bath, nothing, nothing,” Piera responded. “I make my own bed. I clean up the house. I did everything! Was nothing done. They sit there with their book and watching TV. That’s it!”

Heather Catallo WXYZ@HeatherCatallo

This is 90-year-old Piera Franklin talking about the caregivers from Caring Hearts MI Inc. On ⁦@wxyzdetroit⁩ at 6, I’ll show you why her family is objecting to $123k in legal, guardianship, & care fees for 91 days. ⁦⁦@MIAttyGen⁩ ⁦@MISupremeCourt

See Heather Catallo WXYZ’s other Tweets

Piera said she did like some of the home aides, but she says one caregiver had a fight with her boyfriend in the driveway of Piera’s home. She said it made her feel scared, like she did during the war in her childhood in Italy.

“I was raised in the war time, and I remember when the bombs coming, I would get stomach problem, and I felt the same anxiety in my stomach,” said Piera.

In court filings, Perrin argues Caring Hearts Michigan Inc. “engaged in serious conflicts of interest that resulted in waste and dissipation of Ms. Franklin’s savings.”

“There’s one particular occasion where I see 48 hours billed for one caregiver in a single day,” Perrin said. “The cumulative time in that single day wound up being almost $2,500.”

Other fees include:

  • Hours of overtime for what Perrin says are non-skilled caregivers charging above-market rates of $45 per hour;
  • $1,760.50 to change the locks on Piera’s home (family members say they don’t know why the locks needed to be changed);
  • $1,129.81 for correspondence with banks and closing Piera’s accounts so they could be moved to First State Bank where Cathy Kirk’s husband, Robert, is a board member.

Now, Piera has less expensive caregivers for fewer hours in the day. She says now she is worried about how much money she was charged by caring hearts.

“I worked hard to save, 10 hours a day,” said the mother of five.

The 7 Investigators spoke with the Michigan Attorney General’s Office and they say their financial crimes unit is aware of this case, but they can’t confirm or deny if they are investigating.

The Attorney General is investigating a different probate case first exposed by the 7 Investigators that also involves Caring Hearts Michigan Inc.

Lawyers for Caring Hearts Michigan Inc. deny any wrongdoing, and they have told the court they will review some of the billings. They say the relationship between Kirk’s companies while serving Piera did not violate any law or court rule.

Kemp Klein Attorney Ed Nahhat sent the 7 Investigators this statement late Tuesday:

“Caring Hearts disclosed in writing to Court Administrator John Brennan on April 4, 2018, its common ownership of Executive Care. This was many months before the Court’s “related persons” policy was issued. The policy assures disclosure upon the annual account.

In these cases, all interested persons, and the court, had disclosure; they knew that the companies had common ownership as intended by the policy.

Neither Caring Hearts nor Executive Care did anything wrong when doing what the court ordered them to do: care for someone according to their needs and preferences. Mrs. Franklin was very grateful to Caring Hearts, as she wanted her care to be at home, extensive and high quality, and she wanted only certain persons to take care of her. In fact our Executive Care’s service was so valued that her son rehired them at one point, and his mother specifically asked for their employees to continue serving her, even after Caring Hearts was replaced. Simply put, she liked her care at home, and that is always more expensive.

Caring Hearts and Executive Care are ready and willing to be examined for all that they did and the fees they charged. That’s what trials are for.

It’s about money.

While family are entitled to challenge fees, we fear Mrs. Franklin is now being scripted to create an inaccurate public image of Caring Hearts. It’s sad to see a good company get publicly attacked when the family already has a court of law available to them, where both parties have a fair chance to present their case.”

If you have a story for Heather Catallo please email her at hcatallo@wxyz.com or call 248-827-4473.