Court hears disputed guardianship petition for Robert Ewing; facility cites severe impairment, unpaid balance

The Lenawee County Probate & Juvenile Court heard testimony on a petition to appoint a guardian and conservator for Robert Ewing, during which a court-appointed guardian ad litem and nursing-home staff described marked cognitive and physical decline and raised concerns about Ewing’s daughter, who holds power-of-attorney documents.

"He was completely unable to communicate whatsoever. He couldn't even move his thumb up on that day to signal a yes or no," Michael McFarland, the court-appointed guardian ad litem, told the court after visiting Ewing at the facility. McFarland said he reviewed a durable power of attorney and patient-advocate paperwork naming the daughter, Rebecca Blank, but that he had concerns about her ability to act as guardian.

Jacob Scott, social service director at Spring Creek Nursing Home, testified that Ewing's cognition and physical function have steadily declined and that a Brief Interview for Mental Status (BIMS) administered Jan. 22 produced a score of "3 out of 15," which Scott described as indicating "severe cognitive impairment." Scott said Ewing now relies on staff for all activities of daily living.

Scott also told the court that Spring Creek became Ewing's representative payee for Social Security benefits in March 2024 and that facility payments have been received monthly since then. The facility's records, as presented at the hearing, showed prior arrears and a current account balance of $12,669.

Scott read a transcribed voicemail that the facility received, dated Aug. 5, 2024, in which the daughter said, "Do not send me any more bills. I will no longer have control of his income. You guys do. Do not send me any more correspondence until he dies." The recording was offered to explain the facility's understanding of family engagement.

Michelle Monk, Spring Creek's business office manager, said the facility received a letter postmarked Jan. 2, 2025 in which the daughter demanded that Spring Creek apply a $60 monthly personal allowance to Ewing’s expenses and threatened legal action and involvement of the Hillsdale County Sheriff's Department if the facility did not comply. Monk also confirmed that Adult Protective Services opened a file in March 2024 for alleged financial exploitation and that Social Security notified the facility that the daughter attempted to change the rep-payee status back to herself.

McFarland told the court he discovered records, including a deed and bank documents, suggesting that property and funds moved in ways that raised concerns about whether the daughter's actions had prioritized her father's care. He also reported learning of a criminal history the daughter described to him; McFarland said he could not verify every detail in public records and emphasized that, on the basis of his visit and review, he would not support the daughter as guardian without further vetting.

Petitioner's counsel, William Ascol, indicated he would call the daughter to testify; the court took a brief recess so her testimony could proceed after scheduling considerations. No final order or formal appointment was announced in the portion of the hearing on the record.

The judge directed the parties to continue presenting witnesses and evidence; the transcript ends with the court pausing for a recess and reserving time for Rebecca Blank’s testimony.