Questions regarding Caring Hearts

1. How many times has Jude George assigned guardianship/conservatorships (full/temp/limited

etc.) to Caring Hearts Michigan and owner Cathy Kirk?

Answer: The Court’s records indicate that Judge George has appointed Caring Hearts a total of
six times for three separate wards. This includes all of the types of appointments listed.

2. Does Judge George have a relationship with Cathy and Robert Kirk?

Answer: Judge George knows both Cathy and Robert Kirk informally through political and bar
association events. Mr. Kirk has been a Macomb County attorney for thirty plus years and is a
long time Public Administrator. However, there is no business relationship.

3. Does Judge George have any sort of financial relationship with Caring hearts or affiliated Kirk
companies?

Answer: No

4. Is the Court aware that Caring Hearts hires another of Cathy Kirk’s companies (Executive Care)
to provide caregivers to her wards?

Answer: Not until recent matters were brought to the Court’s attention through petitions.
Caring Hearts was advised when approved that there must be full disclosure on related party
transactions per court policy. This was not done.

5. Is the Court aware that at least one caregiver employed by Executive Care and Caring Hearts
placed inside a home of ward’s under guardianship (Mitchell case ) has a criminal history of
theft?

Answer: The Court has no knowledge of Executive Care employees nor of their use on
guardianship cases appointed by the Court.

6. Has the Court inquired as to whether any of Robert and Cathy Kirk’s 29 different companies are
billing for fees on the cases to which Caring Hearts is assigned.

Answer: The Court is aware that the law firm of Kirk & Huth has been retained to represent
Caring Hearts (not sure if billed to the estates or not). The Court was not aware of involvement
by any other companies other than Caring Hearts, until these latest petitions brought the issue
to the Court’s attention.

7. More than one family says after Caring Hearts takes over the care of their loved one, Caring
Hearts/ Executive Care then blocks the family from having any contact with their loved ones.
How does the Court explain this?
 Answer: The guardian has legal authority for the security and wellbeing of the ward. This may
include setting visitation schedules with family members. Disputes can be brought to the
Court’s attention through filing petitions to modify the guardianship or for instructions.

8. Is the Court aware that none of the Kirk’s homecare companies are on MDHHS’s list of approved
home help agencies?

Answer: No, the Court only interacted with Caring Hearts as to its inclusion on the public
guardian/ professional guardian list which does not require approval by MDHHS.

9. Attorneys for Caring Hearts have told the Court that the company is licensed; according to the
State of Michigan, they are not licensed. Is the court aware of this? Will the Court do anything
about this?

Answer: There is no license requirement for a public/professional guardian. Only that the
guardian has three or more non-related wards under their care.

10. What kind of vetting does the Court do on guardianship companies prior to appointing them?

Answer: Court administration requests of the proposed public/professional guardian

information based on their experience ie. Number of wards they have, from which courts,
anticipated fees, services to be provided to the wards and contact information for the guardian
or business. In the case of a corporation, the Court requests corporate documents, including
names and addresses of all officers and employees.

11. Robert Kirk and his law partner Robert Huth have donated $1750 and $1350 respectively to the
Judge- Does Judge George want to respond to this.

Answer: The Judge is not allowed to respond, but any political donations would have been from
a contested election cycle (Judges are required to return contributions they don’t spend). The
Judge has not had a contested race since 2008. It is not unusual for attorneys to support Judges
for re-election. Prior contributions from Messers Kirk and Huth would have nothing to do with
the recent selection of Caring Hearts as a public guardian/professional guardian.