While KD is exploring breaking up the nursing home game in the US and in Chicago (and that’s the real reason he and I have ARDC complaints against us that are totally bogus in nature), we are thinking about quicker ways to solve the problem and stop all of this nonsense in its tracks. Ken assures me the nursing home/probate game is a racket, tied into a small cluster of evil and greedy people that need not be mentioned here, well, because it would only give energy to this nastiness.
However, one thing I was thinking about that would help immediately, is putting a “drop dead” clause in an advance directives form. These are currently called Statutory Power of Attorney Forms for Health Care and you can find them on a number of websites. If you don’t have yours completed and put in a safe place with copies to everyone that holds this Power, please do so now.
Drop Dead clauses are typically found in wills where the Testator (no, it’s not some person with testicles, it’s someone who made a will), states “if you challenge my will, you are automatically disinherited.” They’re an effective plan to stop the kids and/or grandkids, ex spouses, whatever, from arguing over a will in Probate. The Illinois Supreme Court has said these are legal, so I would imagine the same thing said in a Power of Attorney (POA) for Health Care should be legal too.
Currently, there are waaay too many people in nursing homes because someone put them there (including the Public Guardian) and did not try to keep them at home and have a visiting nurse. Many of these people are poor and elderly.
But it makes absolutely no sense to institutionalize someone for that reason. In an institution, these people are warehoused and don’t like it. We know because they complain there. I have seen it over and over. They can’t get out, they can’t get around, the food is bad and not nutritional (no Whole Foods in a nursing home–yet), and they are subject to being charged exorbitant fees for all sorts of things from dispensing an aspirin at $7 per pop, to $50 rides to doctors’ appointments at local clinics and all sorts of shenanigans.
The reality is, a patient in his or own home who is provided with a visiting nurse or live in nurse, as required, when it becomes necessary, will live an average of 7 years longer. The same person placed in a nursing home lives only 3 years longer!
You see the ads for attorneys left and right crying to hear of nursing home abuse cases, and we know it is a constant dilemma under the current system of stacking grandmas and grandpas there.
I wonder if we can put in our POA for Health Care that no relative is to be “barred from seeing me” by the Probate Court (list the relatives) because they agitate me? Would that be legal? After what I’ve seen in many, many cases, I want that.
Seniors should have the right to get agitated if they want to see their children and grandchildren, but can’t.
Okay, that gives me a great idea. And you can email me with more great ideas. Maybe the Illinois State Legislature WILL put these in its Statutory form POA for Health Care.
I’m tired of this nutty stuff going on, aren’t you? Doesn’t it tick you off to no end that this has to be spelled out in your POA for Health Care?
Judge Connors ignored Gloria’s POA and invalidated it–without a hearing or findings. But I guess it doesn’t matter, because all the orders she issued after Dec 7, 2009 are void ab initio, because that’s when the court lost jurisdiction by its failure to serve Sodini notices properly.
As Gloria points out, Peter Schmeidel has admitted that.
take care and I’ll draft something up for you all.
Maybe I should put Cynthia Farenga’s name on it and suggest SHE use it for all her bad karma on the Sykes case? Hmmm. Gotta think about it.