Macomb County Probate Court officials can't explain how a man falsely claiming to be a medical doctor was allowed to decide whether people were mentally competent to handle their own estates and whether jail inmates needed mental health care.
Court officials say they found out last week Gerald Terlep isn't a medical doctor. He has a master's degree in social work, although he has acted as a doctor since at least 2003, testifying as an expert witness and ordering medical treatment in probate cases, a violation of state law that says treatment cannot be court-ordered unless the patient's examining doctor or psychologist testifies in person or in writing.
Probate Court Administrator Phillip Anderson said Terlep was barred from testifying in cases after questions surfaced last week about his qualifications. But when asked how someone who isn't a doctor was allowed to render medical decisions, and whether the court has a vetting process to determine experts' validity, Anderson said, "I can't answer that question."
Reached by telephone, Terlep declined to comment.
Peter Henning, a Wayne State University Law School professor, said files going back years might have to be re-examined to assess the potential impact Terlep's opinions had on cases.
"It is going to call into question many of the cases in which he was involved, perhaps even most," Henning said. "This could charitably be described as a morass. It's going to present some significant challenges."
Court officials last week asked Macomb County Prosecutor Eric Smith to investigate the matter, although Smith said the initial investigation should be handled by a law enforcement agency.
"If they believe a fraud was perpetrated on the court, they need to refer this first to either the Sheriff's Office or state police," Smith said.
Macomb Probate Judge Kathryn George wrote a letter two years ago recommending Terlep as an expert. "Dr. Terlep regularly testifies before this court as an expert witness," George wrote in the June 22, 2009, letter on Probate Court letterhead. "He is qualified by the court for each case and has been performing this work several times per month for over six years. I have no hesitation in recommending Dr. Terlep to you."
The intended recipient of George's letter, which was addressed "To Whom it May Concern," is unclear. George did not return phone calls Thursday.
Macomb Chief Probate Judge Mark Switalski said George presided over most of the cases involving Terlep's testimony. George was removed as the court's chief judge in 2008 after it was found she was sending an inordinate number of cases to one conservator firm, Shelby Township-based ADDMS, in violation of the court's rules.
"When someone comes into court, he's told to raise his right hand and swear to his qualifications," Switalski said. "If that person doesn't tell the truth, then it's clear where the problem is."
(The Detroit News)
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