Who is a Probate Attorney in Illinois?

One interesting question that came up today is “who is a probate attorney?”  Someone was asserting in an email while one attorney was a “probate attorney” another attorney was not a “probate attorney.”

The correct answer is that no attorney in Illinois is a “probate attorney.”  With the exception of Admiralty and Patents, we do not have specialty attorneys in Illinois because it is believed that this would confuse the public.  All attorneys that are admitted to the Illinois Bar are considered competent to practice in all areas of law, and should have a competent basic working knowledge of the law in all areas except for Admiralty and Patents.

Admiralty and Patents are traditional areas for a specialty.  The Federal Courts have exclusive and original jurisdiction over all patent and copyright matters.  You cannot bring a matter involving the validity of a patent or copyright anywhere but Federal District Court.  If you allege federal trademark infringement under the Lanham Act, you may, but are not required to, bring your case in Federal District Court.

Other attorneys are allowed in Illinois to say they “concentrate in” or “prefer to practice” in particular areas of the law, and perhaps 90% of their business is in those areas–but they are never, never allowed to say they specialize in a particular area of law, including probate.

Interestingly enough, if you practice patents, trademarks, copyrights, trade dress, if you limit yourself to the federal portion of the law, you can practice anywhere in the 50 states and 7 territories in the US and will not run afoul of “unauthorized practice of law” prohibitions.  This has been tested in all of the state and territories.  If you have been admitted to the US Patent Bar, it is considered federal and exclusive in nature, allowing Patent Attorneys to practice anywhere–just in case you are interested.

Attorneys are not allowed to have blinders on.  They should know whatever area they practice in–including our girlfriends and boyfriends running around in the Probate Courts of Illinois, that a summons and complaint MUST be properly prepared and personally delivered to the Respondent in a Petition for Guardianship.  All close relatives, defined as adult siblings, parents and children MUST receive written notice of the date, time and place of hearing, served by Petitioner, regarding a Petition for Guardianship.

These requirements are not strenuous, unique or difficult to understand. They impose no undue hardship upon any party. The preparation and proper service of summons, complaint and pre-litigation notices are not unique to Probate, and can be found in many, many areas of the law.  Attorneys are expected to look up and adhere to pre-litigation requirements and notices.  Attorneys are expected to understand that some, but perhaps not all, of pre-litigation notices and tasks may result in a lack of jurisdiction if serious enough.

I hope this dispels any misunderstandings of what a “probate” attorney is compared to other attorneys in Illinois. There actually is no such animal.  All Illinois licensed attorneys are expected to have a working knowledge of basic areas of the law, from contracts, constitutional law, some criminal law, to wills, estates and probate, and some divorce laws and basics, etc. so they can at least talk knowledgeably to clients and send them to other attorneys that might have more expertise in certain areas.  The concept that “probate attorneys” know what jurisdiction is any more than any other litigating attorney is preposterous.  Every Illinois attorney, prior to filing a complaint, petition or whatever should carefully review the current statutory requirements each time prior to filing anything in court.  We make check lists and check them several times.  We make synopses of our cases and of the laws and requirements to file each time we file something.

If an attorney does not do all of this, she or he is likely to find that they have been bit in butt by opposing counsel or even the judge.  That’s not a place you want to be in litigation.  One of the absolute worst places is lack of jurisdiction–a place no attorney wants to be at.

 

Do as I say, not as I do……………………..

One of the most amazing things about all the miscreants in probate–attys and judges writing articles, appearing as “renowned” speakers, gaining accolades for the “important work in protecting the elderly and disabled” — is that they also engage in some of the worst forms of probate abuse (acting without jurisdiction, improper or no service up on the disabled person, etc.) but at the same time write some pretty darned good articles on the evils of elderly abuse and exploitation.

Read on for one of these.  This article is apparently written by an atty miscreant who has isolated and drugged atty Lisa Belanger’s father from his two beloved daughters and several grandchildren who have not seen him for a long, long time, and all over $9 million! (This is the same case where the Plenary Guardian told the court that all that money would be gone in 7 or so years due to their fees–yikes). How is this two-faced attitude possible (and in the words of Abraham Lincoln who was often accused of being two-faced, “if I really were two faced, do you really think I’d be using this one?”)

Read on for more information:
From Ken Ditkowsky:

Dear Lisa;

The modern credo is:  ‘do what I say not what I do!’      You should not be surprised when you read an article that is important and should be posted on every blog for the information that it provides.    Indeed, no one should be surprised when the leading advocates of honor, honesty, openness, candor, and the ‘American way’ are those who honor the principles the least.     Indeed, in too many instances ‘church’ leaders are the patrons of the worst corruption.    Illinois has two former governors sitting in jail right now!    A short while ago 17 Circuit Court of Cook County judges went to jail.    Criminal Tony Resko had strange relationships with republicans and democrats alike.   
 One well known politico purchased a real estate lot adjacent to his home for a bargain price–after he announced publicly he wanted it, but not for $600,000 so someone “happened” to come into possession of it not much later and sold it to him for $300,000.     If you or I engaged in the very same activity we would have gone to jail.     The media was as silent on the nefarious transaction as they are silent on the elder abuse/financial exploitation scandal.      The wife of this member of the political class was hired by a major university to what has been described as a make work job.    When she left the job, this important job was left vacant!
As Pogo said:   “we have met the enemy and it is me!”      
This is why we have to insist on HONEST  complete and comprehensive investigations of these elder abuse cases.     This is why the ‘wise words’ of Ms. Cukier should be posted by all the blogs – she provides important information and a window into the reason that Democracy is not a spectator sport.   Elder abuse is detailed in the Bible along with political corruption.    
Ken Ditkowsky
From: lsbelanger <lisa@belangerlawoffice.com>
To: JoAnne M Denison <JoAnne@DenisonLaw.com>; kenneth ditkowsky <kenditkowsky@yahoo.com>;
Sent: Sunday, October 28, 2012 1:14 AM
Subject: Weston attorney Lisa Cukier: Beware of financial exploitation – Wayland, MA – Wicked Local Wayland

this is the atty for BNY mellon who has exploited my father– and she writes this article!!

Article on “How to Prevent Elder Exploitation” by a miscreant atty!

From Joanne;

Amazingly, it’s not a bad article.  To watch out for signs of exploitation, to keep your items safe, to perhaps think about putting your wealth in a trust because it’s harder to break a trust.  Lots of good information.

You will note she never says “and if I and another non-family member get ahold of your estate, we can deplete $9 million in 3 to 4 years.”

Hmmm, she forgot that one.  And also the warning that if LC finds out you might switch your $9 million from Melon Bank NYC to another bank she will help MB NYC remove you as guardian, get a non family member to function as guardian to keep those assets where they belong–until she and another CPA get enough fees out of the estate, that is.

She never explains how to avoid that one!

From Mass. atty Lisa Belanger on the state of her case (and also corrections to the above post):

technical corrections to your posting re Ms. Cukier:  the calculation for depletion was 7.4 years; the person who 
specifically informed the judge of that calculation was Attorney Maxa Berid, General counsel for Elder Services of 
Merrimack Valley, Inc--on behalf of the guardian.

See below ;

 http://www.massfamilybusiness.com/Docs/FamilyBusinessPubl_2010_Q1.pdf 

Brian Nagle was the financial advisor from BNY Mellon, who testified in court that he personally called Attorney Ed 
Tarlow and asked Attorney Tarlow to go see my Father while under involuntary commitment to the psychiatric facility, 
Whitter Pavilion.  Attorneys Tarlow and Watson, never having my Father ever as a client--went in hand to their very 
first "meeting" with Father at the Whitter Hospital, the very next day after speaking with Brian Nagle.  Attorneys 
Tarlow and Watson brought with them  an already drafted Revocation of Durable Power of Attorney and a new Power of 
Attorney, designating Father's CPA (who has an already existing relationship with Mr. Nagle).

Attorney DeNapoli was the mouthpiece for Attorneys Tarlow and Watson in court.

Needless to say, you can only imagine the unconscionable proportions of the documents they drafted.  Both BNY Mellon 
and Attorney Tarlow were given complete control--specifically stating they did not need to apprise Father before 
doing anything; as well as, Attorney Tarlow's law office being directly paid from Father's BNY Mellon account.  The 
documents were so self-dealing that they made it so Attorney Tarlow's Office could not be terminated by CPA and that 
CPA could not use anybody else other than BNY Mellon.  They made CPA Father's health care proxy!!

2 days prior to Father being discharged from Whittier Pavilion--at a court hearing,  the Probate Judge indicated 
that Father was "competent" when signing those documents drafted by Attorney Trlow and watson.  

Because of issues raised whether Father's original DPOA executed in 2003 also served as a valid, Health Care Proxy, 
Father affirmed his prior wishes again that he wanted me as his health care proxy.  Father did so at the Whittier 
Pavilion, with Whittier Pavillion's staff as witnesses to this affirmed Health Care Proxy and Father's awareness of 
what he was signing--and his outward expressed wishes.
When Father personally called Attorney Tarlow to fire him--which Father's current counsel filed an Affidavit stating 
that Father never wanted or asked for Attorney  Tarlow's legal services and that Father was deceived as to what he 
was signing, Attorney Tarlow filed a petition with the court stating that Father was not competent to fire him!

The coup de gras was that Attorney Tarlow filed a motion to be paid approximated $108,000 for legal services-- the 
Probate Judge reduced it to $6,500.  Attorney Tarlow filed a motion for reconsideration!!  

from Lisa Belanger and thanks for the corrections.

More Wyman Book Letters–to the US Atty General’s Offices

Today another grouping of books was sent out, this time to the U.S. Atty General’s offices.

It will be interesting to see who responds first–if at all, to my pleas for help on behalf of all the Probate victims of the probate courts in Cook County and Rockford.

So far, not much luck.  But if anyone can change this, please do so by writing and faxing these individuals.  It looks like the emails are firstname.lastname@usdoj.gov.  the fax number is not listed, but you can address your letters to Office of the US Atty, 219 S. Dearborn St, #500, Chicago, IL 60604.

Links to today’s letters:

John Howard Wyman Books to US Attys General Oct 26 2012

Also, while we have been consistently asking all of Judge Fabiano, OPG Sharon Rudy and GAL Kimberly Timmerwilke McKenzie to get the Wyman Order done in Rockford Probate court, it has now been 4 weeks and nary a sign of an order!  OMGDS–we have received plenty of excuses, but no order from that fateful day at the end of September, 2012.

I wonder if we will ever get it or if we will have to appeal on the transcript and the court’s decision there.

Should be interesting.

take care

joanne

John Howard Wyman Book Project

One of the projects of this blog is to deliver a copy of John Howard Wyman’s book to as many ARDC attorneys, US Attorneys General, Illinois Attorneys General, Court officers and clerks as I possibly can.  this includes the Medicaid Fraud Bureau, special Prosecutors in Illinois, Financial Crimes Unit, the Guardianship and Advocacy Commissoin Project, etc. as I possibly can.

John Wyman has sent me 6 cases of books at 32 per case so I have nearly 200 books to send out to attorneys to find out if they care for those that have no voice–the seniors and elderly in the State of Illinois who are trying to make it through burdensome and oppressive guardianships.

Attached are copies of letters and my typical inscription that I sent out today.

Let me know if there are any additional deserving attys out there that might be able to lend a hand to these seniors and theie families.

For a link to today’s letters:

Letters asking attorneys for Help for Seniors/Disabled

Regards,

JoAnne

Changes in the law–Starting with Stop Drugging our Seniors in Nursing Homes!

Changes in the law:

 

Nursing homes should not be able to legally receive psychotropic med including, tranquilizers, Halodol, Risperdol, Seroquel, (all new forms of ThorazineBa horse tranquilizer) etc. to keep residents from wanting to go home.  It should be a felony to administer such drugs to nursing home residents without their written consent or have to hold them down or force them to take such medications.  Nursing homes that contain primarily elderly people should have those drugs banned from the premises and notices shall be prominently posted every floor, every 10,000 square feet informing employees it is a felony to dispense psychotropic drugs and tranquilizers to the elderly and infirm without their written consent which must be obtained weekly.  This does NOT mean the consent of a POA or GuardianBit means that very person.

 

When the GAL goes out to see a senior after a guardianship petition has been filed, this footage should be taped with a digital camera or cell phone:

1) where the senior is asked if she wants an atty and if so, do they have one in mind?*

2) where the senior is asked if she wants to go to court and fight the guardianship

3) if there are some people in the family she considers to be unethical or untrustworthy or abusive.

 

The recording should be put on the internet with a password both on the court website and on the GAL website or blog of cases.

 

The tape should be emailed or placed on a disk and mailed to every person as a condition of jurisdiction or it can be put on the internet with a password which is mailed or emailed to the person with instructions to go the law library to see it.

 

4) *Seniors should be able to have a trusted family atty they have used in the past represent them at any hearing.  In fac,t this should be part of the senior=s advance directives.

 

5) Recognizing the tort of Lack of Consortium between parent and child in Illinois with respect to wrongfully isolating a senior from friends and family they have seen for years and have enjoyed.  Seniors may be allowed to make a list in advance directives of all close friends and family they do not want to be isolated from.

 

6) Amending the ADA and/or medicare act to say that no Probate Atty in any state court can have an elder declared incompetent and sell the house to take fees.  Probate Attys and Medicare MUST wait until both husband-wife or life partner seniors die, and their dependents related by blood or marriage living on the premisesBbefore a home can be sold for nursing home or probate atty fees.

 

 

7) Amending the Medicare Act that where it says that a senior has a $104,000 exclusion on thier home so a spouse is not left in poverty means: 1) the house must be listed for $104,000 or more; and 2) it must sell on the open market for $104,000 on an MLS.  3) no private court ordered sales for a portion or fraction of that value are allowed.  4) it is insufficient to hire a (court appointed or tied in) appraiser to say that every dumpy house is worth $104,000 or more and then turn around and sell the house for a fraction of that price.  Arrrgh we need a case on that.

 

8) Absolutely NO cremations where a loved one is concerned that a ward is being abused.  A cremation where a notice has been placed with the court regarding concerns over drugging and improper medical care with notice to the Guardian should result in a felony charge.  Too many elders have been drugged, beaten, abused and then the body summarily cremated in days. An alert may be sent to all local crematoriums by the family.  An alert should be sent to all hospitals and funeral homes not to send this person to a crematorium.  Evidence of abuse in a senior or disabled must be preserved.

Cost of Corruption for August 2012 – $70,460

See below.
This is all the legal work that needs to be done when our courts are corrupt and out of control.  I receive dozens of emails daily complaining about out of control courts that condone lack of proper due process notices, lack of jurisdiction, isolation and drugging of seniors against their will and consent, homes being sold to generate payments for horrid nursing home fees that are dangerous places to be if you are elderly and/or disabled–all with impunity from state Probate Courts!

All of this has to end.  Join me in filing class action suits and individual suits against the miscreants–Guardians ad Litem, judges and attorneys for guardians, OPG’s–you know them all, you have seen the tricks!
See below and take care

DENISON & ASSOCS, PC.
FEDERAL LITIGATION, PATENTS, TRADEMARKS AND COPYRIGHTS
1512 N FREMONT ST, #202    PHONE 312-553-1300
CHICAGO, IL 60642    FAX 312-553-1307
JoAnne M. Denison✬    JoAnne@DenisonLaw.com
JoAnne Cell Phone 773-255-7608
http://www.DenisonLaw.com                                                                        _______________________________________________
✬–Admitted NC (Inactive) & US Patent Bar    *–Admitted US Patent Bar

Invoice submitted to:

http://www.CostOfCorruption.com
Chicago, IL

October 09, 2012

Come see our website at http://www.DenisonLaw.com. Pay your bill online – click on “Pricing” Tab.
Pay your bill by Visa, MasterCard, Discover, American Express, check by fax/phone/email or Paypal
Payment due in 30 days

Professional Services
Hours    Rate    Amount

7/1/2012    JMD    SYKES BLOG    2.00    $300.00/hr    600.00
Emails to and from KDD regarding witness tampering, post for the
day, call for investigation, affirmative answers to his ARDC complaint
(9 emails).
7/2/2012    JMD    SYKES BLOG    2.50    $300.00/hr    750.00
Emails to and from KDD regarding: Leah Black, post for the day, GS
being threatened by Attny Black at the ARDC, information to obtain
asset search, intimidation of GS, information regarding: Sodini, lack
of due diligence by GALs, witness tampering by Attny Leah Black
(16 emails)
7/3/2012    JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Preparing 2 blog posts.
AZ    MARY G SYKES BLOG    5.00    $25.00/hr    125.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    6.50    $300.00/hr    1,950.00
Emails to and from KDD regarding: Dr. Shaw’s testimony,
intimidation of client by attny Black, letter from attny Black that
everything was client’s fault, report from law clerk obtaining files from
Daley Center, lack of following procedure in the Sykes/Tyler/Wyman
cases, emails to and from client regarding partition of client’s real
estate, lack of protections afforded Mary Sykes, KDD’s call for an
investigation, emails regarding: SLAPP suits, emails to and from
attny Hyman regarding: defamation suits, emails to and from client
regarding: drilling out GS’s safe deposit box (40 emails)
7/4/2012    JMD    SYKES BLOG    0.75    $300.00/hr    225.00
Emails to and from the client regarding: client’s short notice for
deposition (4 emails)
JMD    SYKES BLOG    1.00    $300.00/hr    300.00
Emails to and from the client regarding: ARDC’s failure to make good
faith Rule 201K Compliance
7/5/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Preparing 2 new blog posts.
AZ    MARY G SYKES BLOG    5.50    $25.00/hr    138.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    2

7/6/2012    JMD    MARY G SYKES BLOG    6.00    $300.00/hr    1,800.00
Appearing in court on Sykes case and preparing posts for blog
regarding same; reviewing cases for Attorney Ditkowsky.
JMD    SYKES BLOG    7.00    $300.00/hr    2,100.00
Emails to and from Mr. Evans regarding: taking depos in ARDC
proceedings, IDPR should be investigation Dr. Shaw and Dr. Amdur,
emails to and from Mr. Evans regarding: Kristen’s wedding, emails to
and from the client regarding: admissions of Dr. Shaw, emails to and
from KDD regarding: how probate kickbacks are handled, emails
regarding Sodini case; Attny Schmeidel’s his petition was brought in
wrong court emails, emails regarding Ken’s trial; emails regarding:
Mary’s drivers test, emails regarding; Dr. Shaw’s testimony, (53
emails)
JMD    SYKES BLOG – COST OF CORRUPTION    6.50    $300.00/hr    1,950.00
Emails to and from client regarding court judgment in FED on 061912
from other blog;  emails to and from KDD regarding his Motion in
Limine; emails regarding the Miller case on other blog; emails
regarding KDD’s MIL;  emails regarding KDD’s constitutional rights
being ignored by the ARDC; emails regarding client’s FED case;
emails regarding tying up client’s funds is criminal; emails that I
could not get FED order; emails regarding missing transcripts and
ordering those;  emails regarding beating of GJS; emails regarding
National Socialist Party; emails from KDD to GJS she must set her
motions for a hearing date and time and accompany them with a
Notice of Motion, Motion and Certificate of Service; emails regarding
items missing fr Probate court and our “docket table” of missing
items; emails regarding ruling in Alvarez case;  emails regarding GJS
and lost transcripts;  that law in KDD case regarding first amendment
rights is clear; (40 emails)
7/7/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing faxes to Mr. Connelly in the Sheriff’s Department regarding
seizure of JMD’s laptop and updating blog regarding same.
JMD    SYKES BLOG    6.50    $300.00/hr    1,950.00
Emails regarding: ADA case; emails regarding: PACER docket sheet
for that case, emails regarding: GS bringing a motion to dismiss;
emails regarding: unfair and deceptive trade practices; emails
regarding: paying probate attnys; emails regarding: court orders
missing from 2009; emails regarding: KDD in an offer of proof; emails
regarding: Kruzan case; emails regarding: the standard being “clear
and convincing” to deem someone incompetent; emails regarding:
the fact probate court is not following procedure; emails regarding:
missing documents in file (72 emails)
7/8/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing a new blog post.
JMD    SYKES BLOG    0.50    $300.00/hr    150.00
emails to and from KDD regarding: GS questioning witnesses at
hearing (3 emails)
7/9/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing 2 blog posts and reviewing log of court records and
transcripts with Law Clerk Zhou.
AZ    MARY G SYKES BLOG    5.50    $25.00/hr    138.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    4.50    $300.00/hr    1,350.00
emails to and from the client regarding: cost of corruption on the
blog; emails to and from GS regarding: her criticisms of the blog;
emails regarding: a record subpeona from KDD to probate court;
emails to and from the client regarding: duties of the notary; (24
emails)
DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    3

7/10/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Preparing 2 posts for blog and reviewing case law for Attorney
Ditkowsky.
AZ    MARY G SYKES BLOG    6.50    $25.00/hr    163.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    3.50    $300.00/hr    1,050.00
emails to and from TL regarding: cases relating to full faith and credit;
emails from KDD regarding: calls for an investigation; emails to and
from KDD regarding: a motion for judgment on pleadings; emails
regarding: LB obstructing GS as a witness (20 emails)
7/11/2012    JMD    MARY G SYKES BLOG    6.00    $300.00/hr    1,800.00
Reviewing the case file at Probate Court and making copies of
necessary pleadings to post on blog.
AZ    MARY G SYKES BLOG    6.00    $25.00/hr    150.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    2.25    $300.00/hr    675.00
Emails to and from RB regarding Social Probate Disease, who the
“clout is in Illinois”, transfer of missing funds and lack of attack by
tax authorities;  the record on appeal is missing; emails from KDD to
client regarding her familiarity with Probate Act; Rule to Show Cause;
emails regarding incompetency and adjudication of disability; email
regarding attorney Black’s letter; that PS’s Motion to Void the
Settlement Agreement was filed in May 2011;  that numerous court
orders PS claimed existed (an order striking GS’s Requests to
Admit) are not of record in the Probate File;  that in the Probate file
there are references to Judge Stuart saying Judge Connors brought
up the issue of Sodini Jurisdiction and that Judge Stuart would not
bring it up again–clearly not the law, so what’s up with that?; emails
to and from court reporters regarding payments on account (12
emails)
7/12/2012    JMD    MARY G SYKES BLOG    3.50    $300.00/hr    1,050.00
Preparing a blog post and reviewing case file in Probate court.
AZ    MARY G SYKES BLOG    6.00    $25.00/hr    150.00
Photocopying the court records that were not in the court file at
Attorney Ditkowsky’s office; updating table of missing documents.
JMD    SYKES BLOG – COST OF CORRUPTION    4.25    $300.00/hr    1,275.00
Emails to and from KDD regarding Mr. Fogel and investigation
regarding nursing homes; standards to show disability and it must be
by clear and convincing evidence;  regarding our day in court and
judges were asking about 14 day notice suddenly; requirement to
send petition to close relatives; the failure of the GAL’s to report
various nefarious activities to the Probate Court; emails regarding
“table of transcripts, hearing dates and pleadings”; emails regarding
jurisdictional problems with Probate court; sharing of transcripts with
KDD and LC;  birthdates of miscreants for asset searches (20 emails)
7/13/2012    JMD    MARY G SYKES BLOG    6.50    $300.00/hr    1,950.00
Intraoffice meeting with Attorney Ditkowsky’s to review his records
and files for additional copies of pleadings because 80% of the court
files has been removed; preparing 4 posts for blog.
AZ    MARY G SYKES BLOG    3.00    $25.00/hr    75.00
Updating blog and obtaining copied transcripts from court.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    4

JMD    SYKES BLOG – COST OF CORRUPTION    3.75    $300.00/hr    1,125.00
Emails to and from Attorney Leah Black from client;  authorization to
publish; info regarding another victim contacted by 60 minutes for
possible program; corruption is akin to Greylord;  reviewing and
publishing Cost of Corruption bill for May 2012;  news that Judge
Garber held CT in contempt of court for failing to allow client to
retrieve all her property from Mary’s home after wrongful eviction;
accounting table to Sykes court reporters; regarding obtaining copy
of court order from Judge Garber; items missing from payment table
for court reporter;  emails regarding Senator Kirk may have helped
out; emails regarding Judge Garber in FED court (23 emails)
7/14/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing blog post.
JMD    SYKES BLOG – COST OF CORRUPTION    1.50    $300.00/hr    450.00
Emails to and from client regarding nursing homes expelling state
monitors; emails to and from KDD regarding state fraud and
corruption in nursing homes; emails regarding food in nursing homes
and use of drugs there;  emails from KDD to free Mary Sykes; emails
regarding disappearance of files from Probate Court;  emails
regarding spoliation of evidence; emails from Attorney Belanger
regarding her case and the Sykes case and many parallels; (9
emails)
7/15/2012    JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Preparing blog post.
JMD    SYKES BLOG – COST OF CORRUPTION    3.25    $300.00/hr    975.00
Emails to and from KDD regarding status of Sykes case; case cite
from KDD regarding In Regarding Doyle and his first amendment
rights; Rule 260 prehearing conferences;  KDD emails regarding the
facts published were in fact true and correct and his first amendment
rights were violated; emails regarding the Sarhan case; emails to and
from KDD that he may have to take his case to Federal Court for
relief;  emails regarding disturbing reports from other blogs and other
probate cases. KDD emails regarding injustices in the Sykes case;
emails to and from client regarding what went on in court against CT;
that client suffered a severe battery by FT; (16 emails)
7/16/2012    JMD    MARY G SYKES BLOG    4.50    $300.00/hr    1,350.00
Preparing 3 blog posts and preparing table of missing files and
documents.
AZ    MARY G SYKES BLOG    5.00    $25.00/hr    125.00
Traveling to Court to obtain appellate case volumes and court order
from previous status hearing for Ms. Mary Sykes’ case; ordering
transcripts from court reporter’s office and updating blog.
7/17/2012    JMD    MARY G SYKES BLOG    6.00    $300.00/hr    1,800.00
Updating and reviewing table of torts; preparing 2 blog posts.
JMD    SYKES BLOG – COST OF CORRUPTION    7.00    $300.00/hr    2,100.00
Emails from ND ILL BK regarding GJS relief from stay motion
recently filed; emails regarding pleadings missing in Probate Court;
KDD makes citizen’s complaint publicly regarding GJS battery at her
home; plea for more emails to the US State Attorney regarding the
battery; emails regarding other court observers that this blog is
indeed correct;  emails that this is second battery by FT, that he also
battered elderly sister Yolanda last year; email from GJS that she is
afraid to have police or sheriff’s offices involved;  emails regarding
seizure of attorney laptops in probate court; emails regarding proper
procedure for a bond in probate court which was never done; KDD
emails comparing Sykes, Tyler, Gore, Wyman cases;  GJS emails
regarding eviction; emails that I never hear back from Attorney Leah
Black after I fax her evidence of corruption in the Sykes case; emails
regarding fax to IAG are not answered;  (33 emails)

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    5

7/18/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing blog post.
AZ    MARY G SYKES BLOG    4.00    $25.00/hr    100.00
Updating blog with newly received court transcripts and updating
table of missing court records with same.
JMD    SYKES BLOG – COST OF CORRUPTION    0.50    $300.00/hr    150.00
Emails to and from court reporter’s offices regarding additional
transcripts. (3 emails)
7/19/2012    JMD    SYKES BLOG – COST OF CORRUPTION    2.00    $300.00/hr    600.00
Emails to and from court reporters; emails regarding updating table
on missing pleadings; emails regarding partition proceedings and
appointment of a commissioner; emails regarding PS breaking
federal banking laws; emails regarding lack of jurisdiction by court;
emails regarding Chase destruction to GJS home; emails to and from
KDD that Chase must be included in any suit for partition and they
have not been; emails regarding Illinois Statutes on Partition;  emails
regarding Motion to Nonsuit under Sodini. (10 emails)
7/20/2012    AZ    MARY G SYKES BLOG    4.00    $25.00/hr    100.00
Legal research regarding federal banking laws in regards to Chase
and the laws they broke in the Mary G. Sykes case.
JMD    SYKES BLOG – COST OF CORRUPTION    0.25    $300.00/hr    75.00
Emails regarding Chase and federal banking laws; emails from KDD
that there may be possible plants (bogus clients) walking around on
the Sykes case (2 emails)
7/21/2012    JMD    SYKES BLOG – COST OF CORRUPTION    0.25    $300.00/hr    75.00
Emails to and from KDD regarding watching for plants in the Sykes
case;
7/22/2012    JMD    SYKES BLOG – COST OF CORRUPTION    1.75    $300.00/hr    525.00
Emails to and from KDD regarding the Jacyz case in Probate and
responsibility to client; emails regarding comments from other
Probate blogs and the guardianship swindles going on; KDD emails
calling for an investigation on Sykes; emails regarding deposition of
GJS by ARDC. (5 emails)
7/23/2012    JMD    SYKES BLOG — COST OF CORRUPTION    0.75    $300.00/hr    225.00
Emails to and from KDD regarding the deposition of Scott Evans and
he did well; emails regarding obtaining deposition copies; (5 emails)
7/24/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing 2 new blog posts.
7/24/2012    JMD    SYKES BLOG – COST OF CORRUPTION    6.00    $300.00/hr    1,800.00
Emails to and from KDD regarding the deposition of Scot Evans and
that it went fine; emails regarding KDD Motion to Administrator
regarding failure to comply with Rule 201(k);  that Attorney Black was
seeking to bar GJS as a witness and how unfair that was; email
regarding disrespect for justice; emails regarding comments on SE’s
deposition;  emails regarding GJS’s emails to Lawless America; that
LB asked SE if he considered noninventorying of  $1 million in gold
coins to be theft or not;  permission to publish the depn of SE;
emails regarding a possible New York Times article on the case;
emails from Nasga regarding changes to Illinois law for guardianships
and that state attys should not be favored; emails that more needed
to be done (26 emails)
7/25/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Reviewing emails from Attorney Ditkowsky and others and preparing
4 blog posts.
AZ    MARY G SYKES BLOG    5.00    $25.00/hr    125.00
Updating blogs with tags and new blog posts.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    6

JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from KDD and AZ regarding motions to bar witnesses
and grounds therefore; that GJS was an uncooperative witness and
unneeded;  emails between GJS and LB regarding her deposition;
emails regarding “Important Pleadings” in the Sykes case; emails
regarding new legislation; emails from GJS regarding the blog; emails
regarding comments on blog; Motion to bar Gloria emails; KDD
emails to Attorney Black;  emails regarding goose stepping and jack
boots and brown shirts and this case;  emails regarding Operation
Greylord;  emails regarding Mary’s driver’s license and when it was
last renewed;  that Attorney Black may have blocked emails from
KDD?; emails from GJS she wants to file an affidavit to correct
testimony of others; emails regarding AS, CF and LB. (45 emails)
7/26/2012    JMD    MARY G SYKES BLOG    4.00    $300.00/hr    1,200.00
Preparing 5 blog posts; reviewing declaration from Ms. Bakken for
post of same.
JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from court reporters regarding outstanding transcripts;
KDD emails regarding purging records; receipt and publishing of
affidavits from Yolanda and Josephine that the Sykes case has no
jurisdiction; emails regarding theft, embezzlement, false
imprisonment of granny;  emails from GJS regarding care plan and
she would have worded declarations differently; emails regarding IRS
and misdepositing funds; emails regarding oral notice and jurisdiction
under the Probate Act; emails from GJS regarding the blog;  emails
from KDD to CF regarding files from Secy of State and Mary’s divers
license; emails to KDD regarding hearing on CT Petition; emails to
and from Ms. Bakken to redact the declaration from her mother;
emails on CT petition and hearing to appoint; emails to GJS to get
her book and movie deal done; (61 emails)
7/27/2012    JMD    MARY G SYKES BLOG    3.00    $300.00/hr    900.00
Preparing declarations of no notice of hearing for Aunt Jo and Yo;
reviewing proof of claim.
JMD    SYKES BLOG – COST OF CORRUPTION    7.00    $300.00/hr    2,100.00
Emails to and from GJS regarding calming her down; emails to
publish GJS declaration that she never received Sodini notice;
litigating the validity of an order in the probate court is not permitted;
KDD email to CF that she infringed upon Mary’s and Gloria’s rights in
the Sykes case;  emails attempting to calm GJS down; emails
regarding other cases which got media attention; emails regarding
acctng on GJS house;  emails regarding KDD preparing for ARDC
hearing; that KDD sent out two Motions in Limine; applying for drivers
license records; emails regarding asset searches on CT, FT, etc.,
(35 emails)
7/28/2012    JMD    MARY G SYKES BLOG    5.25    $300.00/hr    1,575.00
Preparing 5 posts for blog; reviewing and revising table of torts.
JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from ND BK ILL regarding proof of claim by Chase;
emails to SE regarding details of case and home equity; emails from
KDD to CF that Mary is being denied her life, liberty, property, civil
and human rights;  email from GJS that CF admitted the summons
served upon Mary was wrong; emails from GJS to CF;  emails from
KDD to CF that jurisdiction is lacking in the case; that if the
miscreants were acting in good faith they would call to dismiss the
case and investigate CT; emails from SE regarding lack of
jurisdiction; that CF is engaging in intimidation; emails from KDD that
CF’s book should be published by Dell Comics. (50 emails)

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    7

7/29/2012  JMD    MARY G SYKES BLOG                            2.50          $300.00/hr    750.00
Reviewing Proof of Claim and Cost of Corruption Bills.
SYKES BLOG – COST OF CORRUPTION;    8.00    $300.00/hr    2,400.00
Emails to and from ND ILL BK that Attorney Bussee filed his
appearance; emails from KDD that the first amendment is under
attack by the miscreants;  emails from KDD to CF to joing in
dismissing the Sykes Probate for lack of jurisdiction; email from JMD
to CF to dismiss the proceeding for lacking jurisdiction; emails
regarding similarities between Wyman and Sykes; emails regarding
elder abuse cases; that even if the case is dismissed for lack of
jurisdiction, CT must file an accounting; KDD emails on Greylord and
parallels to the Sykes case; emails regarding publication of
declarations from GJS and the elderly sisters to show the Sykes
Probate court clearly lacks jurisdiction and CF and AS should be
calling for its dismissal;  emails between SE and GS regarding
references to two houses and what to call them; email from AZ who
thought that CF threatening her was a very desperate action;  the key
right now to is get investigation going; email to CF regarding GJS and
the home and what was in it; (46 emails)
7/29/2012    JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from KDD and CF regarding lack of jurisdiction in the
Sykes case and missing gold coins;  regarding filing a Petition to
Dismiss regarding Sodini notices; emails to and from GJS and KDD
regarding a Motion to dismiss; emails to and from KDD regarding the
Greylord scandal; emails regarding proper procedure for citations;
emails regarding directing others to the blog for reference to torts
against GJS and Mary; JMD drafting such a motion for the blog;
emails regarding the Schwartz case and Attorney M. Soto;  emails
regarding case Schlieper;  emails that the table of torts and missing
documents makes everything much easier;  emails regarding abuse
of process and malicious prosecution; emails that GJS received no
citation to discover assets and it was not properly served by a
Special Process Server; that GJS hired an Indiana Attorney–R.
Bussee to help her out; emails to calm GJS down; reviewing West
law caselaw from KDD: hearing burden of proof, In regarding Baker,
Procedure on the Petition; emails regarding freezing assets in
Indiana;  perhaps the authorities in Indiana in that jurisdiction should
be contacted regarding lack of jurisdiction and lack of a citation to
recover assets; that there is no conflict in a case where jurisdiction is
lacking;  emails regarding docket sheet;  emails regarding the
citation to discover assets; emails bet. KDD and CF; emails to CF
regarding motion to dismiss/nonsuit; emails regarding the Motion to
Dismiss/Nonsuit;  (48 emails)
7/30/2012    JMD    MARY G SYKES BLOG    6.75    $300.00/hr    2,025.00
Preparing Motion to Dismiss/Non-suit for Attorney Farenga and
assembling exhibits thereto; publishing Cost of Corruption Bill on
blog; preparing numerous blog posts to Law Clerk Zhou.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    8

JMD    SYKES BLOG – COST OF CORRUPTION    7.50    $300.00/hr    2,250.00
Emails to and from work done by TL; that CF should call for an
honest investigation and file a Motion to Dismiss Sykes; emails from
KDD regarding denying Mary her liberty, property, civil right and
human rights; that what CF and AS are doing is wrong, very wrong;
emails to GJS to file the Motion to Dismiss if CF does not; emails
that GJS did not like the wording of the declarations; that the judge
had wrote”too late to contest jurisdiction”–which is not true; Judge Stuart never
made sure GJS, Jo or Yo were served with Sodini Notices; that on p
60, line 18 and following the court enters its ruling colding CT in
contempt of court; that we need to publish more transcripts; that a
court acting without jursidiction is a clear and present danger to all;
emails regarding the Nov 18, 2009 motion setting the hearing on
petition for Dec , 2009; that both GAL’s know that the court lacks
jurisdiction; (33 emails)
7/31/2012    JMD    MARY G SYKES BLOG    5.00    $300.00/hr    1,500.00
Preparing cost of corruption; reviewing FED transcript and post and
sending fax to IAG including the table of torts and table of missing
files; preparing 4 posts and Motion to Dismiss/Non-suit for Attorney
Farenga.
JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from KDD and GJS regarding the non inventory of the
gold coins; emails to GJS to calm her down; fax to Presiding Judge
Evans; emails to Moosey regarding lack of jurisdiction in Sykes
case;  emails regarding letter to Mr. Moosey; emails to GJS
regarding filing Motion to Dismiss;  emails regarding how all of the
serious torts against Mary and GJS could have happened in the US;
publishing Motion for GJS to file; email from KDD to use a Motion to
Dismiss now;  emails to GJS that legal documents are not
copyrightable and are not “owned” by anyone; email of documents
from DMV; (53 emails)

For professional services rendered    271.25    $66,114.00

Additional Charges :

7/11/2012    Copy charges for Sykes file.    13.75
7/13/2012    Copy charges of the Sykes File    13.09
7/16/2012    Transcript of court proceedings from Court reporter Sharon Rodrigo for the hearing on 5/11/2012.    40.95
Payment to DMV for Asset search.    36.00
7/17/2012    Postage for correspondence.    0.45
Postage for correspondence.    1.30
Payment to Vimeo, LLC    9.95

Total additional charges    $115.49

Total amount of this bill    $66,229.49

Previous balance    $136,523.33

Balance due    $202,752.82

PS–and to all you litigation funding companies out there, I am looking for reputable firms to work with my clients to get them the justice they deserve!  Don’t be shy.  Help them out.

Current    30 Days    60 Days    90 Days    120 Days
66,229.49    0.00    136,523.33    0.00    0.00

On isolating senior wrongfully by claiming a beloved friend or relative “aggitates them”

One notable thing which is often done in a guardianship is saying that a beloved relative or friend–one that has been a part of family life for years and years, suddenly can no longer see the senior!  It’s hurtful and cruel and definitely a pattern in the Sykes case, Wyman case in others.

In Wyman, the isolation on the direction of the abusive father AND the Sharon Rudy and Kim Timmerwilke McKenzie kept the loving, caring children away from mom and knowing that the nursing home was horrific and abusive.  Carol Wyman–who was not incompetent at all–then kept a daily diary of the abuse, which included physical beatings and mental abuse by the staff.  While she managed to escape (the nursing homes prevent this by using psychotropic drugs not intended for seniors to tranquilize them!  John Howard witnessed the staff physically holding down his mother and injecting her with Halodol one day when she wanted to go home!) she had been concealing the fact she was not taking her meds.  This was a nightmare, but could have been avoided if heresay, innuendo and bogus standards for keeping these loving, caring children away had never happened.  A nightmare.

One type of tort that would provide relief to these seniors is: loss of consortium between parent and child.  But there are few cases on this tort in Illinois, and the few that do mention it say that it is not currently recognized because this has to be done by the state legislature.

Ken’s idea is to plead loss of consortium and then combine that to the right of free association in the US and Illinois constitutions to prevent this.  I think we can put it in a federal law under the ADA–a law which clearly needs to be expanded to protect the disabled.
Read on:  From KDD:

More interesting ‘stuff’.   The word ‘stuff’ is used to connote relevant legal materials.
The importance of the material that I sent you is that it provides a solid basis for people like Gloria, Aunt Yolanda, Bev Cooper, et al to go to Court and say that we have ‘skin’ in the game and our liberty rights are being violated by this isolation of our loved one.    As I said previously if you look at 11a – 18 the actions of the Sykes defacto GALs in aiding and abetting the isolation is contrary to the statutory mandate.    I reiterate – give me one single factual or legal basis that would even suggest that Mary’s 83 year old sibling should not have frequent unsupervised visitation with Mary free and clear of the prying eyes of the plenary guardian appointed by a Court lacking jurisdiction.
In my opinion what has happened in the Sykes is black letter elder abuse.    The isolation and the drugging are clear examples of elder abuse.       I read that persons required to report ‘elder abuse’ who do not do so are in real trouble.    The best case to demonstrate this elder abuse is the the 18 month deprivation that Gloria suffered.     Gloria is a respected journalist and published author.   Not that the Guardian ad litem has made some defamatory statements concerning Gloria, which were patently untrue, to attempt to justify his role in the isolation of Mary.    He cannot prove any miscreant conduct on the part of Gloria or Aunt Yolanda – nor can anyone else.     Thus, in my opinion his role is at  best disingenuous.    Ms. Farenga has a similar problem.    The plenary guardian cannot justify her position.
That said, the consortium right provides standing to contest the actions of the guardians who act ultra vires to deprive a senior citizen of his/her rights, privileges and immunities.   It also affirms that 11a -17 and 11a -18 are being blatantly violated by Stern, Farenga, CT, and PS by their isolation of Mary.    It is my opinion that in the civil rights lawsuit that is being drafted the consortium damage claim should be added to the 42 USCA 1983 claims.    (As the Sodini requirements were not met and the Tiffany proof requirements were not met, the Court was without jurisdiction and the actions illegal.)     The plaintiffs who were isolated from their siblings or their parents should receive compensation for their loss.
As I mentioned previously Article 1 Section 12 is the Illinois mandate.     (as the Isolation of Mary Sykes continues the Statute of Limitation has not started to run.   watch the statute as to the other cases.     I believe the statute of limitation can vary from State to State on a civil rights action)
Ken Ditkowsky

Are we putting our seniors out to die on ice floes or is the nursing home scheme worse?

I don’t know about you, but it was some sort of dark comedy in our family that when they got older we were not to put mom and dad on an ice floe to prevent them being a burden!  Once in a while we would hear that, I guess when we were not helping enough around the house.  But the other day I was talking to one of my probate victims and she said she had never heard of how Eskimoes (and I know this is some wide paint brush of 100 northern native American and Canadians tribes, so don’t write me on that–got it) would from time to time put grandma or grandpa out on an ice floe. This is called senicide.  Invalidicide is where the disabled are left to die or taken out on ice floes.  Infantacide I guess is where you just have too many babies, and I won’t get into that one because it was often a mixture of herbs and spices to induce premature births, abortions, early induced deliveries, the place where the local socially charmed ladies worked (every town had them, so please don’t act shocked, every archeologist knows about it), etc.  That’s enough for volumes and volumes.  And of course, my mom having a love for archeology, knew well about the practice, reading thousands of books on world cultures.

But getting back to senicide and invalidicide, aren’t we doing that to some extent by knowingly obtaining guardianships and then tossing these people into nursing homes for their money or government money, knowing they are understaffed, knowing the food and medical care is horrid, knowing that separates themselves from the love and comfort of their families–isn’t this just a strange form of the senicide ice floe game?  We also know that the average elder tossed in a nursing home lives 3 more years while the average person at that age kept at home lives 7 years or more!

So why don’t we have mechanisms in place to stop all this nonsense, evil and greed?  How do we justify it?

Read below for more information based upon or inspired by an article from the Straight Dope

Did Eskimos put their elderly on ice floes to die?

This is based upon or inspired by an article done by Cecil Adams of the Straight Dope
May 4, 2004

Urban Legend: Eskimos put elders out on ice floes to die.

According to the straight dope, some Eskimos did either intentional or by forces of nature,  when times were difficult, put their infirm elders on ice floes to die.  He theorized that pressure from missionaries and national authorities brought a firm end to the practice.  Last reported case was in 1939, but the practice appeared to be very rare.

The term for killing old people is “senicide” and it was never universal.    Many people found the practice repugnant even among the Eskimos.  Since Eskimos hunted, and there was an abundance of wildlife, periods of famine were rare.  But when food did run short, infirm elders were killed in a variety of ways, thrown into the sea, buried alive, locked out in the cold or starved.  Sometimes the whole village would pick up and leave without the victim.  At other times they were taken out into the wilderness and left there.  If the village was returned to prosperity, he might be rescued–or not.  An abandoned person was always welcomed that made it back on their own, but that rarely happened.

Many times the senicide was more like assisted suicide because the elder felt a burden and offered to become abandoned.  It was theorized that a better lifetime awaited someone who was led to death rather than caused it himself, hence the need for someone to lead or push them onto an ice floe or abandon them out in the wilderness. Assisted suicide was more common.  By pain, fear, grief, infirmity, it was not uncommon for an elder or infirm to ask to be put to death, and the person(s) asked felt an obligation to assist, even if they did not want to do so.

So the ice floe legend may not be completely accurate, but it’s still not far afield.
It may have come from the movie The Savage Innocents (1959) starring Anthony Quinn or the novel it was based on, Top of the World (1950) by Hans Ruesch.  Cecil said he just read the book and found two scenes of interest. In one, the mother-in-law Powtee is put out on the solid sea ice to die, only to be rescued soon after. In the other, the wife Asiak walks across the sea ice to drown herself in the open water. At the edge, a piece of ice breaks free under her weight and she floats along on this small ice floe briefly before drowning herself.

Also practiced was invalidicide (the killing of sick or disabled people). The sick received care as long as there was any hope of recovery. When hope faded, care ceased and they were left to die.

In good times, a healthy elder was almost never killed or abandoned merely for being a burden. In the few recorded cases where younger family members did kill their elders without cause, the would suffer the worst possible punishment available which was shunning, much akin to what the Amish and Mennonite cultures practice even today.  Of course, shunning in northern Alaska/Canada could mean you were cut off from the village too, which might guarantee death without tools or shelter to live, or it might shorten your life span markedly.

I suppose many of us have kids that from time to time threaten us with picking out a nursing home and how that is better than the ice floe.  But a good comeback is that even the Eskimos will never put out an elder that is providing money, food and housing.

Further reading:

“Senilicide and Invalidicide among the Eskimos” by Rolf Kjellström in Folk: Dansk etnografisk tidsskrift, volume 16/17 (1974/75)

“Notes on Eskimo Patterns of Suicide” by Alexander H. Leighton and Charles C. Hughes in Southwestern Journal of Anthropology, volume 11 (1955)

Eskimos and Explorers, 2d ed., by Wendell H. Oswalt (1999)

— bibliophage

also, from widkipedia

History

Societal views and legal repercussions have varied greatly in regards to senicide.

Focusing on “old people”, van Hoof in 1990 writes that, of the 960 cases he explores, 87 address the motives of old people to commit suicide.[1] Of these suicides, twenty were motivated by impatience, seventeen by humiliation, twelve by vanity, and ten by suffering. Van Hoof also provides statistics for the manner of the suicide, both successful and unsuccessful. Starvation was the most widely used, accounting for eighteen of the sixty-one cases available. Suicide via the use of weapons was second most prevalent making up thirteen cases, followed by the use of poison in eleven cases.[2] The use of various methods (seven different methods are reported in all) suggests that no particular technique was believed to be the most proper or entirely condemned. However, that Athens had a law focusing on suicide by hanging indicates that this manner of suicide was especially disdained, perhaps because the death was intimately connected with a structure that could not be easily removed, such as a tree. Thus, the act of purification, should it be deemed necessary, would be more difficult to perform.

Ancient Greece & Rome

Senicide as an institutionalized practice, however, seems to be much less common in ancient Rome and Greece. Parkin provides eighteen cases of senicide which the people of antiquity believed to happen.[3] Of these cases, only two of them occur within Greek society, one within Roman society, and the rest falling outside of these two cultures. One example that Parkin provides is of the island of Keos in the Aegean Sea. Although many different variations of the Keian story exist, the legendary practice may have begun when the Athenians besieged the island. In an attempt to preserve the food supply, the Keians voted for all people over sixty years of age to commit suicide by drinking hemlock.[4] The other case of Greek senicide occurred on the island of Sardinia, where human sacrifices of fathers seventy years old were made by their sons to the god Cronus.

The case of institutionalized senicide occurring in Rome comes from a proverb stating that sixty year olds were to be thrown from the bridge. Whether or not this act occurred in reality was highly disputed in antiquity and continues to be doubted today. The most comprehensive explanation of the tradition comes from Festus writing in the fourth century AD who provides several different beliefs of the origin of the act, including human sacrifice by ancient Roman natives, a Herculean association, and the notion that older men should not vote because they no longer provided a duty to the state.[5] This idea to throw older men into the river probably coincides with the last explanation given by Festus. That is, younger men did not want the older generations to overshadow their wishes and ambitions and, therefore, suggested that the old men should be thrown off the bridge, where voting took place, and not be allowed to vote.

Religious views of senicide

The societies of antiquity viewed suicide and euthanasia much differently than does modern culture. Although factors such as better medical and psychological insight have affected contemporary society’s view of suicide and euthanasia, much of the shift in opinion of these forms of death occurred because of the change in religion — that is, Greco-Roman society was dominated by pagan religions that did not categorically condemn suicide and euthanasia.

Modern Christianity does not support the practice of suicide or senicide, holding that only God has control over a person’s life and death.[6]

Philosophical views on senicide

Ancient philosophical thoughts varied greatly in this respect. Plato bifurcates suicide in Laws: although killing oneself out of grief, misfortune, or state injunction is acceptable, to commit suicide “owing to sloth and unmanly cowardice” requires purification rituals and demands that the body be buried without an epitaph.[7]

Aristotle viewed suicide as an unjust act: “when a man in violation of the law harms another (otherwise than in retaliation) voluntarily, he acts unjustly.”[8] Thus, for a man to harm himself, Aristotle reasons, is an unjust act.

Pythagorean doctrine held that all creatures were being punished by the gods who imprisoned the creatures’ souls in a body. Thus, any attempt to alter this punishment would be seen as a direct violation of the gods’ wills.[9] In the fourth century BC, the Hippocratic Oath was developed and reads, “I will not give a fatal draught to anyone if I am asked, nor will I suggest any such thing.”[10] Through the lens of the Hippocratic Oath, euthanasia was strictly forbidden. However, one of the most famous examples of deviation from this code occurred when the physician of Seneca, a philosopher and tutor of Nero, provided the scholar, who was sixty-nine at the time, with poison for one of his many failed attempts at suicide.

Senicide by culture

Heruli

The Heruli were a Germanic tribe during the Migration Period (about 400 to 800 CE). Procopius states in his work The Wars, that the Heruli placed the sick and elderly on a tall stack of wood and stabbed them to death before setting the pyre alight.

India

Senicide is currently practiced in Tamil Nadu, a state of India. The traditional practice of senicide by the family members is called Thalaikoothal. In this custom, the elderly person is given an extensive oil-bath early in the morning and subsequently made to drink glasses of tender coconut water which results in renal failure, high fever, fits, and death within a day or two. [11][12] In 2010, after an expose in Virudhunagar district, the administration set up teams of officers to monitor the senior citizens.[13]

Inuit

A common belief is that the Inuit would leave their elderly on the ice to die.[14] Senicide among the Inuit people was rare, except during famines. The last known case of an Inuit senicide was in 1939.[15][16][17]

Japan

Ubasute (姥捨, abandoning an old woman), a custom allegedly performed in Japan in the distant past, whereby an infirm or elderly relative was carried to a mountain, or some other remote, desolate place, and left there to die. This custom has been vividly depicted in the The Ballad of Narayama (a 1956 novel by Shichirō Fukazawa, a 1958 film, and a 1983 film).

Serbia

Main article: Lapot

See also

20 Great Cases assembled by atty Ditkowsky and links to FAQ re Guardianships

Dear Readers;

The following case summaries are from Ken – if you are looking for cases for pleadings.

JoAnne

1. Matter of Mackey’s Estate
Appellate Court of Illinois, Third District. June 18, 1980 85 Ill.App.3d 235
Eighty-six-year-old woman appealed judgment entered in the Circuit Court, LaSalle County, James L. Waring, J. P., in incompetency proceeding appointing guardians for her person and her estate. The Appellate Court, Alloy, P. J., held that: (1) jury’s verdict that 86-year-old woman was in need of guardian over her estate was not against manifest weight of evidence; (2) new Probate Act governed incompetency proceedings; (3) failure to inquire into possibility of limited guardianship, to enter written finding setting forth factual basis for appointment of guardians, failure to set forth duration of guardianship and to inquire as to incompetent’s own preference of guardians did not require reversal; (4) erroneous issues instructions did not constitute reversible error; (5) erroneous jury verdict form did not require reversal. Affirmed.
…On the basis of these findings, the court appointed Roy Mackey as guardian of the person of Nellie Mackey and the Union National Bank of Streator as guardian over her estate….
…(e) The court shall give due consideration to the preference of the disabled person as to a guardian in its appointment….

2. Estate of Barr
Appellate Court of Illinois, First District, First Division. March 31, 1986 142 Ill.App.3d 428
Sister of 44-year-old man brought action to have him adjudicated disabled and for appointment as plenary guardian of his person and estate. The Circuit Court, Cook County, Richard E. Dowdle, J., entered the order, and the man appealed. The Appellate Court, Campbell, J., held that: (1) evidence did not support appointment of plenary guardian over the man’s person and estate, but (2) appointment of limited guardian over his estate was warranted. Affirmed in part, reversed in part, and remanded with instructions.
… On January 17, 1983, petitioner, Linda Horwitz, filed a petition pursuant to the Act to have respondent adjudged a disabled person due to mental illness and to be appointed guardian over his person and estate….
… However, we do not find that the evidence supports the trial court’s appointment of plenary guardian over respondent’s person and estate….

3. In re Estate of Silverman
Appellate Court of Illinois, First District, Second Division. December 21, 1993 257 Ill.App.3d 162
Guardians. Treating physician’s report was sufficient to justify dismissal of petition for appointment of guardian.
… The guardian may be appointed for the person or the estate, or for both the person and the estate, depending upon the circumstances….
…On October 2, petitioner filed a petition for the appointment of a temporary guardian over respondent’s person and estate, claiming that this was necessary because a hearing was scheduled in three days to consider a petition to probate respondent’s late wife’s will….

4. In re Estate of Hickman
Appellate Court of Illinois, Fourth District. January 31, 1991 208 Ill.App.3d 265
Petition was filed for appointment of personal guardian for 80-year-old woman who had been diagnosed as suffering from early stage of Alzheimer’s disease. The Circuit Court, Vermilion County, Thomas J. Fahey, J., entered order denying petition, and petitioners appealed. The Appellate Court, Lund, P.J., held that personal guardian should have been appointed based on evidence that, due to her progressive memory failure, respondent was totally incapable of making personal and financial decisions. Affirmed in part; reversed in part and remanded.
… The court entered an order appointing petitioners temporary guardians of respondent’s person and estate….
…Perhaps the most convincing evidence indicating respondent’s need for a personal guardian comes from the physicians who have examined her….

5. In re Estate of Johnson
Appellate Court of Illinois, First District, Second Division. March 02, 1999 303 Ill.App.3d 696
FAMILY LAW – Guardians. Appointment of aunt rather than father as guardian of disabled person was within court’s discretion.
…In Bania, the trial court appointed separate individuals to act as the guardian of person and guardian of the estate….
…Here, as in Bania, the trial court made separate appointments for guardian of the disabled person and guardian of the estate of the disabled person….

6. In re Guardianship of Austin
Appellate Court of Illinois, Fourth District. June 10, 1993 245 Ill.App.3d 1042
Guardian and Ward. Circuit court was within its discretion in limiting authority of guardian to consent to administration of psychotropic medications to wards.
…Office of State Guardian (OSG) petitioned for appointment of limited guardians of person and plenary guardian of estate respecting 14 allegedly disabled persons….
… In contesting its appointment as guardian of the estates, OSG cites several cases in which proof of the incompetency of a person for whom guardianship was sought was at issue on appeal….

7. In re Malloy’s Estate
Appellate Court of Illinois, First District, Fifth Division. May 22, 1981 96 Ill.App.3d 1020
Petition was brought for the appointment of a guardian of the estate and person of a 78-year-old woman. The Circuit Court, Cook County, Walter P. Dahl, J., entered orders finding the woman to be a disabled person and appointing plenary guardians, and she appealed. The Appellate Court, Mejda, J., held that: (1) notice of appeal, which incorrectly stated dates of orders but which sufficiently articulated substance of orders so that appellee was informed of nature of relief sought, was not fatally defective; (2) under rule requiring filing of notice of appeal within 30 days of entry of final judgment, notice of appeal was timely where filing occurred 32 days after court’s written order and the two days immediately preceding filing were a Sunday and a holiday; (3) although petition for appointment of guardian did not contain report on disability as required by statute, court had jurisdiction over alleged disabled person where summons was properly served upon her; (4) where alleged…
…The court then appointed a temporary guardian of appellant’s estate….
…Petition was brought for the appointment of a guardian of the estate and person of a 78-year-old woman….

8. In re Estate of Bennett
Appellate Court of Illinois, Second District. March 19, 1984 122 Ill.App.3d 756
Wife petitioned for appointment of plenary guardian over her disabled husband, asking that she be appointed guardian. The husband’s mother and sister cross-petitioned, requesting that one or both of them be appointed as limited guardians. The Circuit Court, Kane County, John A. Krause, J., found the husband to be a disabled person in need of a limited guardian, and appointed his mother and sister as limited coguardians, and wife appealed. The Appellate Court, Unverzagt, J., held that: (1) trial court properly exercised its discretion in selecting mother and sister as limited coguardians after giving due consideration to husband’s preference; (2) appointment of a limited guardian, rather than a plenary guardian, was not against the manifest weight of the evidence; (3) appointment of disabled husband’s mother and sister as coguardians did not constitute an abuse of discretion; and (4) trial court’s order finding husband, who suffered a…
… The petitioner asked that she be appointed plenary guardian for Harold’s person and his estate….
…The petitioner has presented three issues for review: (1) whether the trial court failed to exercise its discretion in selecting a guardian for the respondent; (2) whether the finding that a limited guardian was needed was against the manifest weight of the evidence and whether the appointment of the cross-petitioners as guardians was an abuse of discretion; and (3) whether the order establishing the limited guardianship was vague….

9. Galvin’s Estate v. Galvin
Appellate Court of Illinois, First District, First Division. February 07, 1983 112 Ill.App.3d 677
Appeal was taken from the Circuit Court, Cook County, Walter Dahl, J., which denied petition for appointment of guardian of estate and person of respondent. The Appellate Court, Goldberg, J., held that: (1) trial court’s finding that respondent was not incompetent was not manifestly against the weight of the evidence, and (2) trial court did not abuse its discretion in refusing petitioner’s offer to call cousin of respondent for examination. Affirmed.
…A trial court is mandated to adjudicate a person incompetent and appoint a guardian only when the alleged incompetent is “not fully able to manage his person or estate ***….
…Because trial court observes the witnesses its finding on question whether person is incompetent requiring appointment of guardian will not be disturbed unless holding is manifestly against the weight of the evidence….

10. In re Estate of Johnson
Appellate Court of Illinois, Fifth District. October 01, 1991 219 Ill.App.3d 962
Appeal was taken from order of the Circuit Court, Madison County, Ellar Duff, J., which appointed state guardian as limited guardian and awarded some attorney fees. The Appellate Court, Goldenhersh, J., held that: (1) evidence supported appointment of state guardian, and (2) persons who brought the petition were entitled to attorney fees. Affirmed as modified.
… However, petitioners were at least somewhat successful in that the trial court determined respondent did need some assistance in managing his affairs and, therefore, appointed the Bank of Edwardsville as guardian of respondent’s estate and also appointed the State Guardian as limited guardian over respondent’s person….
…” It also appointed Patricia Penelton as guardian of the person of respondent, but reserved the issue of who should be appointed guardian of the estate, and ordered a complete psychological evaluation of respondent….

11. Matter of Langford’s Estate
Appellate Court of Illinois, Fourth District. June 27, 1977 50 Ill.App.3d 623
In proceeding on a petition for appointment of conservator, the Circuit Court, Macon County, Frank Gollings, J., denied relief and petitioner appealed. The Appellate Court, Hunt, J., held that evidence, including medical testimony that person had had or still had schizophrenia and that person expressed intention to liquidate his entire estate and give it all to religious organization, without desire or plan to support himself except through his ministry, established that he was incapable of managing his estate and that conservator should have been appointed. Reversed and remanded with directions.
…After hearing evidence, the court appointed William R. Mattson as temporary conservator of the person, and the Central National Bank of Mattoon as temporary conservator of the estate….
…This is an appeal from an order of the circuit court of Macon County denying a petition of Walter E. Billerman, petitioner-appellant, for the appointment of a conservator over the person and the estate of James Langford, an alleged incompetent, respondent-appellee….

12. Matter of McPeak’s Estate
Appellate Court of Illinois, Fifth District. September 23, 1977 53 Ill.App.3d 133

Son filed petition for appointment of conservator for his 81-year-old mother, respondent, alleging that she was incompetent and incapable of managing her person and estate because of old age and deterioration of mentality. Following a bench trial, the Circuit Court, Hamilton County, Harry L. Zeigler, P. J., entered order granting petition, and respondent appealed. The Appellate Court, Eberspacher, J., held that: (1) to simply establish certain disabilities was alone insufficient to support determination of incompetency; (2) evidence also had to show respondent’s incapability of managing her person or estate, but record was barren of any such evidence; (3) in that regard, unsubstantiated opinions of petitioner’s witnesses that respondent was not capable of taking care of herself or her affairs, without any reasons given for such conclusions, would not support adjudication of incompetency and (4) fact that respondent had not personally appeared in courtroom on day of…
…Son filed petition for appointment of conservator for his 81-year-old mother, respondent, alleging that she was incompetent and incapable of managing her person and estate because of old age and deterioration of mentality….
…To simply establish certain disabilities is alone insufficient to support determination of incompetency, for purposes of appointing conservator; evidence must also show alleged incompetent’s incapability of managing her person or estate. S.H.A. ch. 3, §§ 11-2, 11-4….

13. In re Schmidt
Appellate Court of Illinois, Second District. September 01, 1998 298 Ill.App.3d 682
HEALTH – Mental Health. Trial court did not abuse its discretion in appointing disabled woman’s husband as her guardian, over expressed wishes of other family members for appointment of woman’s sister.
…In appointing Tom as Cindy’s guardian, the court noted that the issue then before it was the appointment of a suitable person as guardian….
…Brother of accident victim filed petition to be appointed guardian of her person, alleging that victim was disabled adult….

14. In re Estate of Doyle
Appellate Court of Illinois, Fourth District. November 10, 2005 362 Ill.App.3d 293
FAMILY LAW – Guardians. Statute requiring hearings to be held within 30 days of filing petition for guardianship was directory, not mandatory.
…A court may appoint a guardian of an estate when it finds that the ward is incapable of managing her estate and it is in the best interests of the ward that the petitioner be appointed….
… The decision of a competent principal to appoint an agent cannot be overcome by simply appointing a guardian of the person’s estate….

15. Matter of Conservatorship of Browne
Appellate Court of Illinois, Third District. February 24, 1976 35 Ill.App.3d 962
Petition was filed to remove respondent from his position as conservator of an elderly individual’s estate. The Circuit Court, Rock Island County, Robert M. Bell, J., denied petition, and petitioner appealed. The Appellate Court, Stouder, J., held that neither conclusion of an attorney that elderly individual was incapable of handling her business affairs nor unsubstantiated statements of two doctors to effect that it was in best interest of individual to have a conservator appointed was sufficient to establish that individual was so incompetent as to require the appointment of a conservator for her estate. Reversed and remanded with directions.
…Evidence was also presented that at the January 30 hearing on the petition for appointment of conservator no medical testimony was given and no guardian ad litem was appointed….
…The Appellate Court, Stouder, J., held that neither conclusion of an attorney that elderly individual was incapable of handling her business affairs nor unsubstantiated statements of two doctors to effect that it was in best interest of individual to have a conservator appointed was sufficient to establish that individual was so incompetent as to require the appointment of a conservator for her estate….

16. Williams v. Estate of Cole
Appellate Court of Illinois, First District, Fourth Division. August 13, 2009 393 Ill.App.3d 771
Evidence was insufficient to establish that mother was a disabled person, in action to adjudicate mother incompetent.
… Petitioner asked the court to appoint Harris, N.A. as plenary guardian of Ms. Cole’s estate, and to appoint petitioner as guardian of Ms. Cole’s person….
…Evidence was insufficient to establish that mother was a disabled person, in action to adjudicate mother incompetent and appoint a guardian; two physicians, both who had recently examined mother, found that she exhibited no cognitive disabilities or mental conditions, and that she was well-adjusted and capable of managing her own personal and financial decisions. S.H.A. 735 ILCS 5/2–619(a)(9); 755 ILCS 5/11a–2, 5/11a–3(a)….

20. In re Estate of Ohlman
Appellate Court of Illinois, First District, Second Division. February 22, 1994 259 Ill.App.3d 120
Mental Health. Guardian ad litem should have been appointed for mentally disabled person who requested to proceed without counsel.
… The Probate Act of 1975, which governs proceedings for appointment of guardians, defines a disabled person as a person who “is mentally ill *** and who because of his mental illness *** is not fully able to manage his person or estate.” …
…Office of State Guardian petitioned for appointment of guardian for mentally disabled patient….

I have heard more than one person seem to get confused over the standards for appointment of a guardian.  First of all, there has to be a medical diagnosis.  Hence, the need for a CCP 211 petition where an MD must state what the mental disease or defect is.  For the elderly, it is often dementia.  For younger people, it can be Down’s Syndrome, multiple chromosomal deficiencies, etc.

It is my belief you cannot appoint a guardian for someone without a mental disease or defect.  And I’m not too sure that the borderline psychological diagnoses such as hoarding, phobias, fears, etc. are enough.

If you look at the Probate Act, there should be a diagnosis AND a determination that the person is incapable of handling her or his own affairs by clear and convincing evidence. The recent In re Tiffany case tightens the legal standard of “clear and convincing” to “no reasonable doubt.”

This does not mean the person has made some bad decisions.  Most people from day to day make at least a few bad decisions.  Nor is the standard “utterly incapable” of managing one’s own affairs of the person or financial estate.

But it starts with a diagnosis of a mental disease or defect.  If you have that, then you inquire further.

A good website I recently found on all of this is at the Illinois Public Guardian’s offices at:

Office of the Public Guardian for Cook County

and

Office of the State Guardian for Illinois

both of these pages have quite a bit of good information for guardians.

take care

joanne

20 Great Cases assembled by atty Ditkowsky and links to FAQ re Guardianships

The exciting Transcript from the Wyman Hearing

Dear Readers;

Link to court hearing Transcript Wyman Motion to Dismiss 092812.

One of the exciting items we have been waiting for is the transcript from the Wyman case — or the hearing where I argued there were no Sodini notices served on the adult children and siblings of Ms. Winifred Carol Wyman and therefore the court lacked jurisdiction since July 6, 2009 when it held a hearing without proper notices being served.

As you will recall, my client and his brother were left standing out in the hallway of the courtroom asking why the Hearing on Powell Wyman’s Petition for Hearing had been stricken from the court calendar.  It was noticed for July 9, 2009.  They had not received notice at all!

See the excuses by SRR and KMT and see if justice has been done.

We are now onto an emergency appeal of this court’s decision and I will keep you timely apprised of all documents filed, so you can even do this yourself.

take care

joanne

From Ken Ditkowsky–is this a problem that has no solution?

From atty KDD:
Now to a pressing problem that I have no solution.
The guardianship abuse situation has a significant other.       This is the phenomenon of the elderly person whose family is scattered to the four winds or the senior is estranged from his/her family.    This person finds himself/herself in the system and if he/she is lucky some friend is looking out for him/her.     The ‘friend’ has no status and worse yet is quickly demonized.    A ‘hip operation’ or a persistent cold can place a perfectly capable person into the system ****.  (guardianship system)
I have had a number of people call me in connection with the allegations that I forward to you.    Let me place in writing the problem:
With various social programs i.e. medicare, relief, and social security a significant sum of money can be generated.     The elderly orphans in the storm ultimately find themselves in nursing homes.   To obtain the funds necessary to ‘take care’ of the elderly person someone has to make applications for public aid, medicare etc.   The social security payment has to be assigned.     Thus, a guardianship is promulgated.   The usual petitioner is representative of the nursing home.    In too many cases the nursing home representative is appointed a plenary guardian – i.e. guardian of the person and property.    The doctor is a captive medical provider, who has seen the patient while traveling downtown on the highway and looking out the window of his vehicle, and every stage is set including the medicating the patient so that the patient does not remember who he/she is, much less the objects of his bounty etc.
The averred result is that the elderly person is now a captive, who generates revenue income for the  nursing home.    With HIPA regulations no one not specifically authorized can obtain the records and the Court has no incentive to do anything as an overloaded judge just does not have the time.    Thus, a citizen may be  deprived of his/her civil liberties.      Death is the usual release from State supported bondage and the end of State supported 13th Amendment violations.
Unfortunately, it appears that the travesty does not end at this point in time.    If the targeted person has money there is a larger scenario of events that can follow to enrich the ‘deserving few!’       The scenario may be carried out by family, or friends of the victim becoming heirs or legatees of the targeted person.    The Court is a victims of this scheme as it is very difficult to ascertain which elderly persons are truly in need of help, and which are victims.
I have a case where a elderly person has been ‘dropped on his head,’ suffered a hip dislocation, and now has pneumonia (aspirated by food intake) all occurring since the date of my retainer.     Today I am going to Court and tell the Court that I visited my client and found him almost comatose and unable to recognize me, or disclose to me the objects of his bounty.     I also have to inform the Court that my client could not stay awake long enough for me to interview him further.     I have to do this because a hearing on his competency is being held this afternoon.
No accusations of wrongdoing can be made.   The Judge has bent over backwards to protect my client’s civil rights.      Hearings have been held in the hospital and in the nursing home to accommodate me.    (I am appointed counsel).      The other attorneys have similarly accommodated me and my client.    The legal system has functioned properly; however, I have that nagging feeling that something is rotten in Denmark.       No, I do not have a scintilla of evidence of any misconduct on anyone’s part.
Ken Ditkowsky

www.ditkowskylawoffice.com

Atty Ken Ditkowsky speaks out on Guardianship abuse–Blogspot radio

Dear Readers;

While the ARDC was primarily concerned about the dozens and dozens of emails viligantly and heroically sent out by KDD to investigate the case of Mary G Sykes, whom this website is dedicated to, there are other avenues he can utilize to accomplish this goal to even more people, and that is through blogspot radio.

Here is an excellent radio program with a ton and ton of information on guardianships, corruption, probate corruption, probate abuse, lack of investigation into nursing home abuses, etc.

Please visit this link and check out the show.  It’s 90 minutes long, but well, well worth it.  You will be listening to other people complaining about nursing home abuse, elder abuse–and it falls on deaf ears!  Even worse, the people that complain are often banned from the nursing home, banned from seeing their loved one — because the investigations are too time consuming!  One woman from California was told she could not sue the conservator for having her mom put in an abusive nursing home until the mom died!

Ken Ditkowsky does Blog Spot Radio, October 2012

If you are suffering from situations like these, know that you are not alone.  We need to clean up court systems that engage and promote such behaviors where seniors and the disabled are clearly suffering and nothing is done.

Illinois has a great Probate Act and many other laws that protect the due process rights of the elderly, disabled and their families but these laws are being ignored or are not being used properly.

JoAnne

Who needs John Howard Wyman’s Book? A whole lot of Illinois Attorneys!

Dear Readers–see the email below to John Howard Wyman/KDD and my new law clerk, Jeffrey Duncan.

Dear Ken;

I am having Jeffrey Duncan make up a list and start delivering books to all attys at 1) the ARDC – # 1 priority, 2) US attys at the Northern District, Eastern Division, General Crimes division, here’s a good one-2.5) -Public Corruption and Organized Crime–sounds perfect!

3)  John G. McKenzie is the US atty for the Western Div of the Northern District, but what did Atty Timmerwilke do when she was under investigation–give him “special” treatment (on a mattress), and they got married and broke up two families, so let’s send books to his entire staff!  How about the secretaries too?  I bet we can find out who they are.  Secretaries and personal assistants always love gossip and soap opera types stories regarding whom they work for.

4)  Ill. Atty generals; (lisa madigan);  4.5)  Criminal prosecution atty generals for the State of Illinois; 5) the “guardianship and advocacy” commission attys (these guys must be sleeping on the job); 6) the States Atty for District 1;

7) the Winnebago attys managing the court (more sleeping attys); and 7.5) the officers for the Illinois States Attorneys Association.

A lot of sleeping attys out there need your book, John; Please get us all the copies we need for this project.

Jeff, go ahead and make a table of all of these from Sullivans 2012-13 and we’ll start delivering books.  You are strong, able and competent.

The elderly and disabled who have been oppressed and abused by the Illinois Probate Courts are depending upon you.

I left the Sullivans on your desk with a number of post its for the attys we need to get the information out to.

thanks

joanne

PS–Ken, if the ARDC is ticked at you for sending out hundreds of emails calling for an investigation in a case that clearly lacks jurisdiction and has been going on for 3 years–this is total vindication for you!

PPS–John, you didn’t realize it at the time, but you wrote a book that helps vindicate an honest, ethical and amazing atty.  Give yourself a thousand gold stars!

PPPS–this will be great for a post!

New decision from Ill Supremes – Karbin v. Karbin 2012 IL 112815

From: kenneth ditkowsky
Sent: Oct 12, 2012 9:20 AM
To: Michigan Advocacy Project
Cc: Gloria Jean Sykes
Subject: Re: Karbin v Karbin 2012 Il 112815

The Abuses that have occurred in connection with these guardianship cases is outrageous and continues without ‘letup.’    The potential for abuse by the Karbin decision is monumental; however, the need for honest guardians to have the tools to act in the interests of their wards is also very great.    To be very candid, it is my opinion that certain guardians would curl my hair if they had the ability to decide if a particular was in need of a ‘haircut!’    There other guardians who I would trust with great authority.     In the past years dealing with Stern, Farenga, and Schmiedel has been an eye-opener.     My respect for the 2nd oldest profession at this point in time is at a nadir.
The tendency is to judge a profession by is lowest common denominator.    This is human nature and each of us suffers from the malady.     Worse yet the minute we let up our guard, up pops a Stern, Farenga, Schmiedel, et al.      When I won in the Appellate Court the vacation and reversal (based upon jurisdictional grounds) the sanction award,  realizing that I am ‘long in the tooth’ I offered Stern, and Farenga a pass on the Civil Rights lawsuit that I intended to file.    The condition was that they ‘do their jobs.’    I did not tell them how to do the jobs, all I wanted them to do was to report to the Court honestly and appropriately the claim of the non-inventory of large number of gold coins (Au) and the December emergency room incident in which Mary Sykes had in a very short time by the admitted neglect of the plenary guardian lost 10% of her body weight.       This offer was determined by the Mr. Larkin of the ARDC to be intimidation and is part of the ARDC complaint against me.      When this and a letter to the United States Attorney General are considered unethical by the State of Illinois ARDC – it is very hard to have any faith in the 2nd oldest profession.

Ken Ditkowsky
http://www.ditkowskylawoffice.com

From: Michigan Advocacy Project <michiganadvocacyproject@gmail.com>

[MAP relates a story of a black sheep daughter requesting a divorce for her parent who was under a guardianship so she could inherit.  I think that’s pretty creepy, but apparently the court agreed to it eventually.  Don’t know the case name or cite, it was not passed on.]

On Thu, Oct 11, 2012 at 5:28 PM, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:

Depending on your point of view and your confidence in the Judicial process the Illinois Supreme Court handed down a major decision on October 6, 2012.
The Supreme Court over-ruled the case of In re: the Marriage of Drews 115 Ill 2d 201 (1986) and provided that a ‘guardian’ can now petition the Probate Court to obtain permission to file a divorce action.    The Court took this step so as to make certain that an incompetent was not denied his/her privileges and immunities.      This right was not ‘willy nilly’ granted to a guardian.    The Court provided that the guardian must make application pursuant to section 11a -17 and prove the this is the best interest for the disabled person by ‘clear and convincing evidence.’
If we examine the Sykes case and the application of the standard ‘clear and convincing evidence’ I do not believe any one of us feels ‘warm and fuzzy.’     This is a case that is a must read!

Ken Ditkowsky
http://www.ditkowskylawoffice.com

Proudly announcing John Howard Wyman’s website and blog!

Dear Readers;

Today I would like to direct your attention to John Howard Wyman’s new website and blog:

www.JohnHowardWyman.com

On the website you will find the courageous story of how John and his mother “escaped” Rockford and a hideous nursing home in the middle of the night.

Are you tired of your spouse?  Does she nag you all day and drive you nuts?  Then simply drug her, take her to the nearest nursing home declaring she’s incompetent and then file for guardianship.  Yep, you can legally get rid of your spouse into a nursing home and never deal with that person again.  The nursing home will continue to hold her down and drug her for you (of course, that’s totally illegal, but it’s a law NEVER enforced against seniors and the elderly).

This is one harrowing story of how a woman got dumped in a nursing home, when the two good sons came to rescue her, they were thwarted by both the nursing home AND the Rockford police and turned away–even though no guardianship proceeding had commenced.

John and his mother now live together happily and she is well cared for in Aspen Colorado while his appeal on lack of jurisdiction will wend it way through the Illinois Appellate Court.

We are waiting for the final order to come through.

People to blame?  Attys acting badly? Judge Fabiano, OPG Sharon R Rudy, GAL Kimerly McKenzie Timberwilke.  This judge and her atty friends will simply not step forward and tell the truth that “close relatives” were never served written notice of the time, date and place of hearing on July 6, 2009.  Order the book ASAP from Amazon, rated 5 stars–a real page turner.  Encourage this judge and the attys to step forward and admit they had no jurisdiction since 7/6/09 and do the right thing!

JoAnne

Order from Rockford Court–and I dare anyone…

to figure out how this order comports with the Illinois Probate Act!

Dear Readers;

Every time I get an email from Atty Sharon Rudy it amazes me that it in no way resembles the Illinois Probate Act!

Here we are again.  One section of the Illinois Probate Act says that the Petitioner MUST provide 1) written notice; 2) to all adult siblings and children of Respondent; 3) of the date, time and place of hearing–and yet this order ignores all of that.

The notice of hearing is required for the Judge and Probate court to take jurisdiction and issue valid orders.  No valid notice OR service of summons and complaint, then no valid jurisdiction in probate.

And as I pointed out during my argument, how hard is all of that?  What enormous burden did the Illinois State Legislature place on the Petitioner in a Guardianship proceeding?

Not much at all in my book–just one more simple short piece of paper.  However, that piece of paper is required by the Illinois and US constitution!  So it, besides a summons and complaint, becomes one of the most important pieces of paper in the entire proceeding!  You would think the OPG and GAL and Judge would pay strict attention to it.  Question the parties about the paper and look at it closely, examine it.  Notice that the date of hearing was wrong and changed by 3 days–requiring re-service.  But that did not happen.  For the lack of $5 in postage, and entire court has operated without jurisdiction for 3 years!  Imprisoning an innocent elderly woman in fragile health–ripped from her home and family.  Endangered.  Near death.  Requiring her to plan and implement a daring escape from a horrid Rockford Nursing home to a son thousands of miles away in Aspen Colorado.

How does this happen in the US?

See the order that should be entered tomorrow, courtesy of OPG Sharon Rudy and GAL Kimberly Timmerwilke McKenzie.

JoAnne

wyman-Order-denying-MTD-jmdsign

 

Comments on the Indiana Proceeding–a house of cards built on legerdermain

Dear Readers;

I believe that when GJS has had time and an opportunity, besides dismissing the probate case 09 P 4585 at the Illinois Court of Appeals which will invalidate the Indiana proceeding freezing her assets, if not before that, in Indiana she can attack the Illinois Probate court order there by alleging the following:

1.  The Circuit Court of Cook County decision freezing the assets of GJS has in fact no force and effect outside the boundaries of the State of Illinois, unless ‘registered’ in the appropriate manner as provided for in the State of Indiana.
2.  That Carolyn Toerpe was improperly appointed via a series of serious missteps on her part, rendering the probate proceeding without jurisdiction, namely:
a) in particular pursuant to 755 ILCS 11a – 3, it appears that at the time that Carolyn Toerpe filed her petition to have Mary Sykes declared incompetent Mary Sykes was not a resident of Cook County, Illinois as she was residing in DuPage Court.   Section 11a-3 uses the word ‘shall’ as to venue.

b) It also appears that Mary Sykes had a petition for a Protective order pending at the time of the filing.   This Domestic Violence protection act was never heard by the Circuit Court.   While this petition was consolidated into the Probate Proceeding it was then never heard, which is improper.  Judge Connors should have heard the petition on the Protective Order first and then proceeded.  They were pressed for time and the GAL’s conveniently forgot to do it.  If the GAL’s have been involved in the case for 22 mos, it is their duty to bring this motion.  Neither one of two GAL’s appointed in the case has brought this to the attention of Judge Stuart or Judge Connors, while it is their duty to do so.

c) That in particular 11a-8 requires that the Petition contain certain facts.   In particular, the petitioner must disclose ‘powers of attorney’ and the close (near) relatives of the respondent, i.e. spouse, children, and siblings.   (Mary’s spouse predeceased her).     Mary’s siblings were not disclosed and a power of attorney claimed by the Petitioner Carolyn Toerpe was not disclosed.  Further, Carolyn knew Gloria had a current POA because she was with her all the time and resided with her and Carolyn filed a clearly deficient Petition failing to name Gloria as the POA holder and all the adult siblings and their addresses.  Carolyn either knew, or should have known, or should have made due inquiry.  She did not do any of these.

d) That in particular 11a – 10  and 11a -12  requires that the respondent be informed of her rights and that 14 days prior to the date of the hearing on respondent’s competency her near relatives be provided actual notice of the date, time and place of the hearing.   This was not done, and I have made a careful search of the record and found no evidence that this was done or waived.    (I did find that the parties were ‘lured’ into court upon a pretext)    Mr. Stern (the GAL) disclosed in an e-mail that the determination of incompetency was made by an agreement.  There is currently no provision in the Illinois Probate Act to permit a guardian to be appointed “by agreement” of the parties.  It becomes a futile act when it is considered that one party is or may be incompetent.  Currently the Illinois Probate Act requires a need for guardianship to be proved by “clear and convincing evidence.”
e) That the clear words of Sodini provide that if the near relatives of the respondent (i.e. her siblings and her children) do not receive 14 days’ notice of the hearing on the petition to declare the respondent in need of a guardian the Circuit Court lacks jurisdiction.     The Tiffany case makes it very clear that strict compliance is necessary as the respondent’s liberty and property rights may be forfeit.
f)    That the record indicates that the order entered by the Circuit Court freezing the alleged assets of Gloria Sykes in Indiana (which appear to be titled in a name other than Mary Sykes) besides being on its face void as to Indiana property was not a final order in that there has been no adjudication that Mary Sykes is entitled to one dime of those funds.    Of a serious nature is the fact that the proceedings in the Circuit Cook County upon which the order was promulgated appear to be suspect in that the said funds were awarded to GJS by the final order of Circuit Court entered on _________________, and not challenged by either a post-trial motion during term time or a 735 ILCS 5/2 – 1401 motion within 2 years of entry.     Elementary Law and the Constitution dictates that the final  order of a Circuit Court judge is entitled to ‘full faith and credit’ and cannot be collaterally attacked in a foreign jurisdiction or before another Circuit Court Judge of equal jurisdiction.     Judge Stuart does not enjoy Appellate Court jurisdiction over Judge Mullhern.
g)      That further examination of the file and interview of witnesses brings to light  numerous other irregularities in the Estate of Sykes.   While these irregularities may not be directly relevant to these Indiana Proceedings, they do show a concerted and continuing pattern to evade and obfuscate justice in this case.   In particular, the attempt by an Illinois Court to engage enforce its orders extra-territorial against Indiana citizens not before it is indeed unique and more that a little outrageous.
i.) That the decisions of Sodini, Tiffany and the applicable Illinois statutes make it clear that jurisdiction is a crucial element of any Probate proceeding because these directly involve an attack on the Respondent’s liberty, property, civil and human rights.     As the Court record in the Sykes case contains no evidence of service of the required Sodini notices they cannot be produced, nor can any written waivers of the notices.    Trickery and legerdemain are not appropriate when a citizen’s liberty rights are at stake.

I believe is only a matter of months now before the entire house of cards in Probate crumbles and blows away.

JoAnne

Cost of Corruption — July 2012

Dear Readers;

Below is our continuing balance for the cost of corruption, or the cost to our firm for getting involved in the Sykes case and running this blog.  It detracts from other work we can do, and it shows what a drain it is on society when the Probate Courts run amok and without jurisdiction.

Take care all.

JoAnne

DENISON & ASSOCS, PC.
FEDERAL LITIGATION, PATENTS, TRADEMARKS AND COPYRIGHTS
1512 N FREMONT ST, #202    PHONE 312-553-1300
CHICAGO, IL 60642    FAX 312-553-1307
JoAnne M. Denison✬    JoAnne@DenisonLaw.com
JoAnne Cell Phone 773-255-7608
http://www.DenisonLaw.com                                                                        _______________________________________________
✬–Admitted NC (Inactive) & US Patent Bar    *–Admitted US Patent Bar

Invoice submitted to:

http://www.CostOfCorruption.com
Chicago, IL

October 09, 2012

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Professional Services
Hours    Rate    Amount

7/1/2012    JMD    SYKES BLOG    2.00    $300.00/hr    600.00
Emails to and from KDD regarding witness tampering, post for the
day, call for investigation, affirmative answers to his ARDC complaint
(9 emails).
7/2/2012    JMD    SYKES BLOG    2.50    $300.00/hr    750.00
Emails to and from KDD regarding: Leah Black, post for the day, GS
being threatened by Attny Black at the ARDC, information to obtain
asset search, intimidation of GS, information regarding: Sodini, lack
of due diligence by GALs, witness tampering by Attny Leah Black
(16 emails)
7/3/2012    JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Preparing 2 blog posts.
AZ    MARY G SYKES BLOG    5.00    $25.00/hr    125.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    6.50    $300.00/hr    1,950.00
Emails to and from KDD regarding: Dr. Shaw’s testimony,
intimidation of client by attny Black, letter from attny Black that
everything was client’s fault, report from law clerk obtaining files from
Daley Center, lack of following procedure in the Sykes/Tyler/Wyman
cases, emails to and from client regarding partition of client’s real
estate, lack of protections afforded Mary Sykes, KDD’s call for an
investigation, emails regarding: SLAPP suits, emails to and from
attny Hyman regarding: defamation suits, emails to and from client
regarding: drilling out GS’s safe deposit box (40 emails)
7/4/2012    JMD    SYKES BLOG    0.75    $300.00/hr    225.00
Emails to and from the client regarding: client’s short notice for
deposition (4 emails)
JMD    SYKES BLOG    1.00    $300.00/hr    300.00
Emails to and from the client regarding: ARDC’s failure to make good
faith Rule 201K Compliance
7/5/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Preparing 2 new blog posts.
AZ    MARY G SYKES BLOG    5.50    $25.00/hr    138.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    2

7/6/2012    JMD    MARY G SYKES BLOG    6.00    $300.00/hr    1,800.00
Appearing in court on Sykes case and preparing posts for blog
regarding same; reviewing cases for Attorney Ditkowsky.
JMD    SYKES BLOG    7.00    $300.00/hr    2,100.00
Emails to and from Mr. Evans regarding: taking depos in ARDC
proceedings, IDPR should be investigation Dr. Shaw and Dr. Amdur,
emails to and from Mr. Evans regarding: Kristen’s wedding, emails to
and from the client regarding: admissions of Dr. Shaw, emails to and
from KDD regarding: how probate kickbacks are handled, emails
regarding Sodini case; Attny Schmeidel’s his petition was brought in
wrong court emails, emails regarding Ken’s trial; emails regarding:
Mary’s drivers test, emails regarding; Dr. Shaw’s testimony, (53
emails)
JMD    SYKES BLOG – COST OF CORRUPTION    6.50    $300.00/hr    1,950.00
Emails to and from client regarding court judgment in FED on 061912
from other blog;  emails to and from KDD regarding his Motion in
Limine; emails regarding the Miller case on other blog; emails
regarding KDD’s MIL;  emails regarding KDD’s constitutional rights
being ignored by the ARDC; emails regarding client’s FED case;
emails regarding tying up client’s funds is criminal; emails that I
could not get FED order; emails regarding missing transcripts and
ordering those;  emails regarding beating of GJS; emails regarding
National Socialist Party; emails from KDD to GJS she must set her
motions for a hearing date and time and accompany them with a
Notice of Motion, Motion and Certificate of Service; emails regarding
items missing fr Probate court and our “docket table” of missing
items; emails regarding ruling in Alvarez case;  emails regarding GJS
and lost transcripts;  that law in KDD case regarding first amendment
rights is clear; (40 emails)
7/7/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing faxes to Mr. Connelly in the Sheriff’s Department regarding
seizure of JMD’s laptop and updating blog regarding same.
JMD    SYKES BLOG    6.50    $300.00/hr    1,950.00
Emails regarding: ADA case; emails regarding: PACER docket sheet
for that case, emails regarding: GS bringing a motion to dismiss;
emails regarding: unfair and deceptive trade practices; emails
regarding: paying probate attnys; emails regarding: court orders
missing from 2009; emails regarding: KDD in an offer of proof; emails
regarding: Kruzan case; emails regarding: the standard being “clear
and convincing” to deem someone incompetent; emails regarding:
the fact probate court is not following procedure; emails regarding:
missing documents in file (72 emails)
7/8/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing a new blog post.
JMD    SYKES BLOG    0.50    $300.00/hr    150.00
emails to and from KDD regarding: GS questioning witnesses at
hearing (3 emails)
7/9/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing 2 blog posts and reviewing log of court records and
transcripts with Law Clerk Zhou.
AZ    MARY G SYKES BLOG    5.50    $25.00/hr    138.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    4.50    $300.00/hr    1,350.00
emails to and from the client regarding: cost of corruption on the
blog; emails to and from GS regarding: her criticisms of the blog;
emails regarding: a record subpeona from KDD to probate court;
emails to and from the client regarding: duties of the notary; (24
emails)
DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    3

7/10/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Preparing 2 posts for blog and reviewing case law for Attorney
Ditkowsky.
AZ    MARY G SYKES BLOG    6.50    $25.00/hr    163.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    3.50    $300.00/hr    1,050.00
emails to and from TL regarding: cases relating to full faith and credit;
emails from KDD regarding: calls for an investigation; emails to and
from KDD regarding: a motion for judgment on pleadings; emails
regarding: LB obstructing GS as a witness (20 emails)
7/11/2012    JMD    MARY G SYKES BLOG    6.00    $300.00/hr    1,800.00
Reviewing the case file at Probate Court and making copies of
necessary pleadings to post on blog.
AZ    MARY G SYKES BLOG    6.00    $25.00/hr    150.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD    SYKES BLOG    2.25    $300.00/hr    675.00
Emails to and from RB regarding Social Probate Disease, who the
“clout is in Illinois”, transfer of missing funds and lack of attack by
tax authorities;  the record on appeal is missing; emails from KDD to
client regarding her familiarity with Probate Act; Rule to Show Cause;
emails regarding incompetency and adjudication of disability; email
regarding attorney Black’s letter; that PS’s Motion to Void the
Settlement Agreement was filed in May 2011;  that numerous court
orders PS claimed existed (an order striking GS’s Requests to
Admit) are not of record in the Probate File;  that in the Probate file
there are references to Judge Stuart saying Judge Connors brought
up the issue of Sodini Jurisdiction and that Judge Stuart would not
bring it up again–clearly not the law, so what’s up with that?; emails
to and from court reporters regarding payments on account (12
emails)
7/12/2012    JMD    MARY G SYKES BLOG    3.50    $300.00/hr    1,050.00
Preparing a blog post and reviewing case file in Probate court.
AZ    MARY G SYKES BLOG    6.00    $25.00/hr    150.00
Photocopying the court records that were not in the court file at
Attorney Ditkowsky’s office; updating table of missing documents.
JMD    SYKES BLOG – COST OF CORRUPTION    4.25    $300.00/hr    1,275.00
Emails to and from KDD regarding Mr. Fogel and investigation
regarding nursing homes; standards to show disability and it must be
by clear and convincing evidence;  regarding our day in court and
judges were asking about 14 day notice suddenly; requirement to
send petition to close relatives; the failure of the GAL’s to report
various nefarious activities to the Probate Court; emails regarding
“table of transcripts, hearing dates and pleadings”; emails regarding
jurisdictional problems with Probate court; sharing of transcripts with
KDD and LC;  birthdates of miscreants for asset searches (20 emails)
7/13/2012    JMD    MARY G SYKES BLOG    6.50    $300.00/hr    1,950.00
Intraoffice meeting with Attorney Ditkowsky’s to review his records
and files for additional copies of pleadings because 80% of the court
files has been removed; preparing 4 posts for blog.
AZ    MARY G SYKES BLOG    3.00    $25.00/hr    75.00
Updating blog and obtaining copied transcripts from court.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    4

JMD    SYKES BLOG – COST OF CORRUPTION    3.75    $300.00/hr    1,125.00
Emails to and from Attorney Leah Black from client;  authorization to
publish; info regarding another victim contacted by 60 minutes for
possible program; corruption is akin to Greylord;  reviewing and
publishing Cost of Corruption bill for May 2012;  news that Judge
Garber held CT in contempt of court for failing to allow client to
retrieve all her property from Mary’s home after wrongful eviction;
accounting table to Sykes court reporters; regarding obtaining copy
of court order from Judge Garber; items missing from payment table
for court reporter;  emails regarding Senator Kirk may have helped
out; emails regarding Judge Garber in FED court (23 emails)
7/14/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing blog post.
JMD    SYKES BLOG – COST OF CORRUPTION    1.50    $300.00/hr    450.00
Emails to and from client regarding nursing homes expelling state
monitors; emails to and from KDD regarding state fraud and
corruption in nursing homes; emails regarding food in nursing homes
and use of drugs there;  emails from KDD to free Mary Sykes; emails
regarding disappearance of files from Probate Court;  emails
regarding spoliation of evidence; emails from Attorney Belanger
regarding her case and the Sykes case and many parallels; (9
emails)
7/15/2012    JMD    MARY G SYKES BLOG    1.50    $300.00/hr    450.00
Preparing blog post.
JMD    SYKES BLOG – COST OF CORRUPTION    3.25    $300.00/hr    975.00
Emails to and from KDD regarding status of Sykes case; case cite
from KDD regarding In Regarding Doyle and his first amendment
rights; Rule 260 prehearing conferences;  KDD emails regarding the
facts published were in fact true and correct and his first amendment
rights were violated; emails regarding the Sarhan case; emails to and
from KDD that he may have to take his case to Federal Court for
relief;  emails regarding disturbing reports from other blogs and other
probate cases. KDD emails regarding injustices in the Sykes case;
emails to and from client regarding what went on in court against CT;
that client suffered a severe battery by FT; (16 emails)
7/16/2012    JMD    MARY G SYKES BLOG    4.50    $300.00/hr    1,350.00
Preparing 3 blog posts and preparing table of missing files and
documents.
AZ    MARY G SYKES BLOG    5.00    $25.00/hr    125.00
Traveling to Court to obtain appellate case volumes and court order
from previous status hearing for Ms. Mary Sykes’ case; ordering
transcripts from court reporter’s office and updating blog.
7/17/2012    JMD    MARY G SYKES BLOG    6.00    $300.00/hr    1,800.00
Updating and reviewing table of torts; preparing 2 blog posts.
JMD    SYKES BLOG – COST OF CORRUPTION    7.00    $300.00/hr    2,100.00
Emails from ND ILL BK regarding GJS relief from stay motion
recently filed; emails regarding pleadings missing in Probate Court;
KDD makes citizen’s complaint publicly regarding GJS battery at her
home; plea for more emails to the US State Attorney regarding the
battery; emails regarding other court observers that this blog is
indeed correct;  emails that this is second battery by FT, that he also
battered elderly sister Yolanda last year; email from GJS that she is
afraid to have police or sheriff’s offices involved;  emails regarding
seizure of attorney laptops in probate court; emails regarding proper
procedure for a bond in probate court which was never done; KDD
emails comparing Sykes, Tyler, Gore, Wyman cases;  GJS emails
regarding eviction; emails that I never hear back from Attorney Leah
Black after I fax her evidence of corruption in the Sykes case; emails
regarding fax to IAG are not answered;  (33 emails)

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    5

7/18/2012    JMD    MARY G SYKES BLOG    1.00    $300.00/hr    300.00
Preparing blog post.
AZ    MARY G SYKES BLOG    4.00    $25.00/hr    100.00
Updating blog with newly received court transcripts and updating
table of missing court records with same.
JMD    SYKES BLOG – COST OF CORRUPTION    0.50    $300.00/hr    150.00
Emails to and from court reporter’s offices regarding additional
transcripts. (3 emails)
7/19/2012    JMD    SYKES BLOG – COST OF CORRUPTION    2.00    $300.00/hr    600.00
Emails to and from court reporters; emails regarding updating table
on missing pleadings; emails regarding partition proceedings and
appointment of a commissioner; emails regarding PS breaking
federal banking laws; emails regarding lack of jurisdiction by court;
emails regarding Chase destruction to GJS home; emails to and from
KDD that Chase must be included in any suit for partition and they
have not been; emails regarding Illinois Statutes on Partition;  emails
regarding Motion to Nonsuit under Sodini. (10 emails)
7/20/2012    AZ    MARY G SYKES BLOG    4.00    $25.00/hr    100.00
Legal research regarding federal banking laws in regards to Chase
and the laws they broke in the Mary G. Sykes case.
JMD    SYKES BLOG – COST OF CORRUPTION    0.25    $300.00/hr    75.00
Emails regarding Chase and federal banking laws; emails from KDD
that there may be possible plants (bogus clients) walking around on
the Sykes case (2 emails)
7/21/2012    JMD    SYKES BLOG – COST OF CORRUPTION    0.25    $300.00/hr    75.00
Emails to and from KDD regarding watching for plants in the Sykes
case;
7/22/2012    JMD    SYKES BLOG – COST OF CORRUPTION    1.75    $300.00/hr    525.00
Emails to and from KDD regarding the Jacyz case in Probate and
responsibility to client; emails regarding comments from other
Probate blogs and the guardianship swindles going on; KDD emails
calling for an investigation on Sykes; emails regarding deposition of
GJS by ARDC. (5 emails)
7/23/2012    JMD    SYKES BLOG — COST OF CORRUPTION    0.75    $300.00/hr    225.00
Emails to and from KDD regarding the deposition of Scott Evans and
he did well; emails regarding obtaining deposition copies; (5 emails)
7/24/2012    JMD    MARY G SYKES BLOG    2.00    $300.00/hr    600.00
Preparing 2 new blog posts.
7/24/2012    JMD    SYKES BLOG – COST OF CORRUPTION    6.00    $300.00/hr    1,800.00
Emails to and from KDD regarding the deposition of Scot Evans and
that it went fine; emails regarding KDD Motion to Administrator
regarding failure to comply with Rule 201(k);  that Attorney Black was
seeking to bar GJS as a witness and how unfair that was; email
regarding disrespect for justice; emails regarding comments on SE’s
deposition;  emails regarding GJS’s emails to Lawless America; that
LB asked SE if he considered noninventorying of  $1 million in gold
coins to be theft or not;  permission to publish the depn of SE;
emails regarding a possible New York Times article on the case;
emails from Nasga regarding changes to Illinois law for guardianships
and that state attys should not be favored; emails that more needed
to be done (26 emails)
7/25/2012    JMD    MARY G SYKES BLOG    2.50    $300.00/hr    750.00
Reviewing emails from Attorney Ditkowsky and others and preparing
4 blog posts.
AZ    MARY G SYKES BLOG    5.00    $25.00/hr    125.00
Updating blogs with tags and new blog posts.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    6

JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from KDD and AZ regarding motions to bar witnesses
and grounds therefore; that GJS was an uncooperative witness and
unneeded;  emails between GJS and LB regarding her deposition;
emails regarding “Important Pleadings” in the Sykes case; emails
regarding new legislation; emails from GJS regarding the blog; emails
regarding comments on blog; Motion to bar Gloria emails; KDD
emails to Attorney Black;  emails regarding goose stepping and jack
boots and brown shirts and this case;  emails regarding Operation
Greylord;  emails regarding Mary’s driver’s license and when it was
last renewed;  that Attorney Black may have blocked emails from
KDD?; emails from GJS she wants to file an affidavit to correct
testimony of others; emails regarding AS, CF and LB. (45 emails)
7/26/2012    JMD    MARY G SYKES BLOG    4.00    $300.00/hr    1,200.00
Preparing 5 blog posts; reviewing declaration from Ms. Bakken for
post of same.
JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from court reporters regarding outstanding transcripts;
KDD emails regarding purging records; receipt and publishing of
affidavits from Yolanda and Josephine that the Sykes case has no
jurisdiction; emails regarding theft, embezzlement, false
imprisonment of granny;  emails from GJS regarding care plan and
she would have worded declarations differently; emails regarding IRS
and misdepositing funds; emails regarding oral notice and jurisdiction
under the Probate Act; emails from GJS regarding the blog;  emails
from KDD to CF regarding files from Secy of State and Mary’s divers
license; emails to KDD regarding hearing on CT Petition; emails to
and from Ms. Bakken to redact the declaration from her mother;
emails on CT petition and hearing to appoint; emails to GJS to get
her book and movie deal done; (61 emails)
7/27/2012    JMD    MARY G SYKES BLOG    3.00    $300.00/hr    900.00
Preparing declarations of no notice of hearing for Aunt Jo and Yo;
reviewing proof of claim.
JMD    SYKES BLOG – COST OF CORRUPTION    7.00    $300.00/hr    2,100.00
Emails to and from GJS regarding calming her down; emails to
publish GJS declaration that she never received Sodini notice;
litigating the validity of an order in the probate court is not permitted;
KDD email to CF that she infringed upon Mary’s and Gloria’s rights in
the Sykes case;  emails attempting to calm GJS down; emails
regarding other cases which got media attention; emails regarding
acctng on GJS house;  emails regarding KDD preparing for ARDC
hearing; that KDD sent out two Motions in Limine; applying for drivers
license records; emails regarding asset searches on CT, FT, etc.,
(35 emails)
7/28/2012    JMD    MARY G SYKES BLOG    5.25    $300.00/hr    1,575.00
Preparing 5 posts for blog; reviewing and revising table of torts.
JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from ND BK ILL regarding proof of claim by Chase;
emails to SE regarding details of case and home equity; emails from
KDD to CF that Mary is being denied her life, liberty, property, civil
and human rights;  email from GJS that CF admitted the summons
served upon Mary was wrong; emails from GJS to CF;  emails from
KDD to CF that jurisdiction is lacking in the case; that if the
miscreants were acting in good faith they would call to dismiss the
case and investigate CT; emails from SE regarding lack of
jurisdiction; that CF is engaging in intimidation; emails from KDD that
CF’s book should be published by Dell Comics. (50 emails)

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    7

7/29/2012  JMD    MARY G SYKES BLOG                            2.50          $300.00/hr    750.00
Reviewing Proof of Claim and Cost of Corruption Bills.
SYKES BLOG – COST OF CORRUPTION;    8.00    $300.00/hr    2,400.00
Emails to and from ND ILL BK that Attorney Bussee filed his
appearance; emails from KDD that the first amendment is under
attack by the miscreants;  emails from KDD to CF to joing in
dismissing the Sykes Probate for lack of jurisdiction; email from JMD
to CF to dismiss the proceeding for lacking jurisdiction; emails
regarding similarities between Wyman and Sykes; emails regarding
elder abuse cases; that even if the case is dismissed for lack of
jurisdiction, CT must file an accounting; KDD emails on Greylord and
parallels to the Sykes case; emails regarding publication of
declarations from GJS and the elderly sisters to show the Sykes
Probate court clearly lacks jurisdiction and CF and AS should be
calling for its dismissal;  emails between SE and GS regarding
references to two houses and what to call them; email from AZ who
thought that CF threatening her was a very desperate action;  the key
right now to is get investigation going; email to CF regarding GJS and
the home and what was in it; (46 emails)
7/29/2012    JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from KDD and CF regarding lack of jurisdiction in the
Sykes case and missing gold coins;  regarding filing a Petition to
Dismiss regarding Sodini notices; emails to and from GJS and KDD
regarding a Motion to dismiss; emails to and from KDD regarding the
Greylord scandal; emails regarding proper procedure for citations;
emails regarding directing others to the blog for reference to torts
against GJS and Mary; JMD drafting such a motion for the blog;
emails regarding the Schwartz case and Attorney M. Soto;  emails
regarding case Schlieper;  emails that the table of torts and missing
documents makes everything much easier;  emails regarding abuse
of process and malicious prosecution; emails that GJS received no
citation to discover assets and it was not properly served by a
Special Process Server; that GJS hired an Indiana Attorney–R.
Bussee to help her out; emails to calm GJS down; reviewing West
law caselaw from KDD: hearing burden of proof, In regarding Baker,
Procedure on the Petition; emails regarding freezing assets in
Indiana;  perhaps the authorities in Indiana in that jurisdiction should
be contacted regarding lack of jurisdiction and lack of a citation to
recover assets; that there is no conflict in a case where jurisdiction is
lacking;  emails regarding docket sheet;  emails regarding the
citation to discover assets; emails bet. KDD and CF; emails to CF
regarding motion to dismiss/nonsuit; emails regarding the Motion to
Dismiss/Nonsuit;  (48 emails)
7/30/2012    JMD    MARY G SYKES BLOG    6.75    $300.00/hr    2,025.00
Preparing Motion to Dismiss/Non-suit for Attorney Farenga and
assembling exhibits thereto; publishing Cost of Corruption Bill on
blog; preparing numerous blog posts to Law Clerk Zhou.

DENISON & ASSOCS, PC.
October 9, 2012

http://www.CostOfCorruption.com    Page    8

JMD    SYKES BLOG – COST OF CORRUPTION    7.50    $300.00/hr    2,250.00
Emails to and from work done by TL; that CF should call for an
honest investigation and file a Motion to Dismiss Sykes; emails from
KDD regarding denying Mary her liberty, property, civil right and
human rights; that what CF and AS are doing is wrong, very wrong;
emails to GJS to file the Motion to Dismiss if CF does not; emails
that GJS did not like the wording of the declarations; that the judge
had wrote”too late to contest jurisdiction”–which is not true; Judge Stuart never
made sure GJS, Jo or Yo were served with Sodini Notices; that on p
60, line 18 and following the court enters its ruling colding CT in
contempt of court; that we need to publish more transcripts; that a
court acting without jursidiction is a clear and present danger to all;
emails regarding the Nov 18, 2009 motion setting the hearing on
petition for Dec , 2009; that both GAL’s know that the court lacks
jurisdiction; (33 emails)
7/31/2012    JMD    MARY G SYKES BLOG    5.00    $300.00/hr    1,500.00
Preparing cost of corruption; reviewing FED transcript and post and
sending fax to IAG including the table of torts and table of missing
files; preparing 4 posts and Motion to Dismiss/Non-suit for Attorney
Farenga.
JMD    SYKES BLOG – COST OF CORRUPTION    8.00    $300.00/hr    2,400.00
Emails to and from KDD and GJS regarding the non inventory of the
gold coins; emails to GJS to calm her down; fax to Presiding Judge
Evans; emails to Moosey regarding lack of jurisdiction in Sykes
case;  emails regarding letter to Mr. Moosey; emails to GJS
regarding filing Motion to Dismiss;  emails regarding how all of the
serious torts against Mary and GJS could have happened in the US;
publishing Motion for GJS to file; email from KDD to use a Motion to
Dismiss now;  emails to GJS that legal documents are not
copyrightable and are not “owned” by anyone; email of documents
from DMV; (53 emails)

For professional services rendered    271.25    $66,114.00

Additional Charges :

7/11/2012    Copy charges for Sykes file.    13.75
7/13/2012    Copy charges of the Sykes File    13.09
7/16/2012    Transcript of court proceedings from Court reporter Sharon Rodrigo for the hearing on 5/11/2012.    40.95
Payment to DMV for Asset search.    36.00
7/17/2012    Postage for correspondence.    0.45
Postage for correspondence.    1.30
Payment to Vimeo, LLC    9.95

Total additional charges    $115.49

Total amount of this bill    $66,229.49

Previous balance    $136,523.33

Balance due    $202,752.82

Current    30 Days    60 Days    90 Days    120 Days
66,229.49    0.00    136,523.33    0.00    0.00

From Gloria Sykes–Why has Peter Schmeidel not been disciplined.

Dear Readers;

GJS has a number of complaints against PS, yet the ARDC keeps on ignorning them and dismissing them–despite the fact they have received the 3 affidavits here and have more than adequate reason to KNOW the probate court has been acting without jurisdiction for THREE years, and yet they do nothing, they say nothing.

In a similar vein, I sent Leah Black and the Administrator a copy of John Wyman’s book, and they know that case is operation without jurisdiction for three years.  Mr. John Wyman, as you know, has been complaining at the top of his lungs against everyone involved in that–including the US atty’s office, and nothing has been done there.

Big sigh.

So please read GJS’s letter below and take care

JoAnne

ARDC Chicago and Springfield offices
Via facsimile
October 8, 2012
 
From: Gloria Jean Sykes 773-910-33310
          6016 N. Avondale Ave.
          Chicago, IL 60631
 
RE:  Attorney Peter Schmiedel
 
Dear Administrator,
 
I have filed many complaints against attorney Peter Schmiedel and to date, none have been investigated, let alone acknowledged, but each has been willy-nilly dismissed (although I have yet to receive one letter from the ARDC dismissing a complaint against him: apparently, the complaints just vanish!)  Below please find the last complaint against attorney Peter Schmiedel, the attorney I once spoke to (October 2009) outside Judge Connors Courtroom and after providing him with privileged information, and asking him if he would represent me, upon his request, he gave me his business card and asked me to call his office and contact the ‘intake’ personal and set up and appointment.  Remember, I provided him with information about ‘my’ situation, to which he gave me his business card and asked me to call. I find that Peter Schmiedel then, three months later, being retained by Carolyn Toerpe quite interesting and terribly wrong!  That said, on Oct. 3, 2012, once again Peter Schmiedel LIED to the Court in order to sway the ruling in his favor.  I am getting the transcripts, but let it be known, that Judge Stuart stayed her ruling pending the outcome of an appeal based on the core of this wrongful guardianship of my Mother, Mary G. Sykes: jurisdiction.
 
To wit, let me resubmit the complaint filed on March 31, 2012 against attorney Peter Schmiedel as none of the violations of the Codes of Professionalism have changed, he has simply been more empowered because the ARDC apparently is protecting him in order to use his testimony to disbar or sanction or do harm to attorney Kenneth Ditkowsky. It is also apparent that ARDC agent Lea Black has filed similar charges against Kenneth Ditkowsky — and attorney Kenneth Ditkowsky has never had an appearance on file in the Sykes case or in any case regarding me or my mother.  Attorney Lea Black, according to attorney Joel Brodsky, gave out confidential information in and regarding the first face to face interview with Kenneth Ditkowsky — as I guess she has give out documents he may have provided her in order to discredit me.  I find this behavior very sad, and in light that I complained about Joel Brodsky and provided the Administrator with verified court transcripts showing that Brodsky said that Lea Black provided him with confidential information about the aforesaid meeting with Ditkowsky — it is interesting that Lea Black is still an investigator at the ARDC and in fact, held to be the lead attorney in the case against Kenneth Ditkowsky.  Is this behavior appropriate for ARDC attorneys?  
 
Finally, and with all due respect, how do I file a complaint against ARDC attorney Lea Black, when in fact, she is an agent of the ARDC. Apparently she has used an unverified email claiming I wrote claiming I “Lied”.  Let me remind this Administration, Lea Black’s statement of fact to bring this document into the ARDC trial as evidence to discredit me as a witness, is a forged and altered documents, and I emphatically deny that I have ever been untruthful in any position I have taken, or continue to take, and/or asserted in any Illinois court proceedings, and/or in any court proceeding, including in the Probate Division, Forcible and Detainer Division, U.S. District Court, U.S. Bankruptcy Court, and or the Indian Court. 
 
Thank you for your quick response on the complaint below as it was file on March 31, 2012 and as far as I see, NEVER investigated. That said, doesn’t attorney Peter Schmiedel have a serious conflict of interest in representing Carolyn Toerpe when in fact, he asked me questions about my situation in the Probate proceedings where I was just an ‘interested party’ and gave me his card merely three months before being retained by Carolyn Toerpe through a payment agreement that financially exploits and willfully deprives my mother of her assets, her home, and all of my assets and home/property, too!  
 
I AM RESUBMITTING THE FOLLOWING COMPLAINT AGAINST ATTORNEY PETER SCHMIEDEL of which I’ve asked and given permission for all people to republish in order to protect my mother, Mary G. Sykes’ rights, liberties, and LIFE.
 
ARDC Chicago and Springfield offices
Via facsimile
March 31, 2012
From: Gloria Jean Sykes 773-910-33310
          6016 N. Avondale Ave.
          Chicago, IL 60631
RE:  Attorney Peter Schmiedel
To Whom It May Concern at the ARDC,
(Most of this was filed with the ARDC in Nov. 2011: as I heard nothing from the ARDC regarding this complaint, I am refiling and adding recent violations perpetrated by attorney Peter Schmiedel.  Please note that Peter Schmiedel instructs other lawyers and law enforcement on how to investigate and prove)
ADDITIONAL INFORMATION FOR COMPLAINT(S) AGAINST ATTORNEY PETER SCHMIEDEL:
Professionalism should be a part of every Illinois lawyer’s daily practice, or so I’ve read and been told. Attorney Peter Schmiedel may have memorized the Rules of Professional Responsibility in order to procure a license to practice law, but clearly he has failed in application. The rules, he can argue are unclear, and ethical dilemmas, ambiguous, but since he filed his appearance In Re the Estate of Mary G. Sykes, 2009 P 4585, Peter Schmiedel has repeatedly distorted the facts, misrepresented the facts, maliciously and intentionally LIED not only to Probate and Forcible judges, but also a Federal Judge (Transcript attacked from Bankruptcy proceeding, October 25, 2011): Mr.    the rules and case law make clear what is required.   In Jerman v. Carlisle, it is noted, “ignorance of the law is no excuse****) Pursuant Winthrop v. Supreme Court of Illinois, 848 N.E. 2d 961 (2006) 219 Ill.2d 526 302 Ill.Dec. 397,  “Our goal in imposing discipline on an attorney is not to punish the attorney, but rather to protect the integrity of the legal profession, and protect the administration of justice from reproach”. (also see In Re Cutright, 2009), Peter Schmiedel must be disbarred and sanctioned!
Arguing via Winthrop, HOW ABOUT AT LEAST PROTECTING THE INTEGRITY OF THE  LEGAL PROFESSION?
Schmiedel has violated so many of the Rules of Professional Conduct, it is impossible to name them all, although I will touch on a few.
Counts I, II, III  and IV are set before you clearly and concisely as possible: court transcripts have been provided to you in the past: PLEASE TURN TO TRANSCRIPTS OF October 25, 2011 where Peter Schmiedel appeared before a Federal Judge Hollis n Bankruptcy Court.134 Ill.2d R. 3.3(a)(2).    (1) failure to disclose a material fact to a tribunal (134 Ill.2d R. 3.5(h));  (2) engaged in conduct involving fraud, dishonesty, deceit, or misrepresentation (210 Ill.2d R. 8.4(a)(4));  (3) engaged in conduct that is prejudicial to the administration of justice (210 Ill.2d R. 8.4(a)(5));  and (4) engaged in conduct “which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute” in violation of Supreme Court Rule 770 (210 Ill.2d R. 770).
(1)  FAILURE TO DISCLOSE A MATERIAL FACT TO A TRIBUNAL.
Peter Schmiedel committed violations of Rule 3.3(a)(2) when he failed to advise the Probate Court that his client closed Mary G. Sykes’ account at the Pullman Bank and removed all the contents from a safety deposited box at the same location, one that had not only Mary G. Sykes’ name on it I was a renter too!
1.     Peter Schmiedel knows his client is in possession of a substantial amount of Mother’s funds, as well as legal contracts between Mother and Me, Mother and lawyers, including a draft of the new Trust mother had initiated on June 25, 2009.
2.     Peter Schmiedel kept from the court Mother’s bank statements from 2006, 2007, 2008 2009, and 2010 because he knows that Mother had substantial funds in three accounts (Schmiedel’s client only gave numbers to two of the accounts),
3.     Peter Scshmiedel knows that Mary G. Sykes / Gloria Jean Sykes (me) had a bag of gold and silver coins in the safety deposit box owned by Mother and me, and that his client is now in possession of those coins;
4.     Peter Schmiedel knows that there is no CD or IRA account that Mother opened in January 2009 for $4000, leaving his client the sole beneficiary;
5.     Peter Schmiedel knows that there is no “joint’ account between Mother and his client wheeby Mother gave his client about $25,000 in 2005 (or 06);
6. Peter Schmiedel knows that his client Carolyn Toerpe is not the Trustee of the Mary G. Sykes Trust and that it’s a “naked trust” and that Mary G. Sykes, if she were to diagnosed incompetent and there was a trustee, then only Mary’s primary doctor, P. Patel can authorize such diagnosis.  (Peter Schmiedel has seen the letter Dr. Patel wrote to his client stating that he refused to sign the CCP211 because Mary is competent and Mary told him not to!)
7. Attorney Schmiedel knows that his client is not a PhD and yet he did not notify the court that the legal document his client filed signing PhD after her name is fraudulent (the CCP211);
8.  Attorney Schmiedel knows that his client has over medicated, and medically neglected Mary G. Sykes and that he has in fact told his client to isolate Mary from family and friends;
9.  Attorney Sschmiedel has seen the letters Mary has hand-written denouncing Toerpe and asking for an attorney: he has viewed all the digital recordings of Mary proving she is not only highly competent, but also that Mary stated her wishes clearly and that Schmiedel’s client cannot sell Mary’s home, cannot evict me from Mary’s home and cannot force the sale on my home;
10.     Peter Schmiedel knows that none of the settlement money from the Lumbermen’s case belongs to Mother and that Mother was as she still is, highly competent then and now;
11.     And, Peter Schmiedel knows that his client is the named respondent on a petition for an order of protection and therefore, his client cannot be the guardian of Mary G. Sykes, my Mother; that it was Mother who filed the verified Petition for an order of protection to stop Peter Schmiedel’s client from doing exactly what she is trying to do, and that is financially and emotionally sterilize Mary G. Sykes through retaliating against me!
  This rule provides, “In appearing in a professional capacity before a tribunal, a lawyer shall not ***(2) fail to disclose to a tribunal a material fact knows to the lawyer when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client.”  134 Ill.2d R. 3.3(a)(2).  Furthermore, Peter Schmiedel has told not only the Probate Court, but the Forcible and the Bankruptcy courts that he also represents Mary G. Sykes, which leads me to…
(2)  Peter Schmiedel has a serious CONFLICT OF INTEREST.  His client Carolyn Toerpe, the named respondent to the petition for an order of protection, has also secured herself as the sole beneficiary of the Mary G. Sykes estate, of which Peter Schmiedel made an agreement for payment from the (1) assets belonging to me from the Lumbermen’s case (see Lumbermen’s v. Gloria Sykes), the sale of Mother’s home, and the forced partition and sale of my home, where I placed Mother as a joint tenant for survivorship only and mother, in her trust stipulates that her “ONLY INTEREST’ is if she precedes me in life. Peter Schmiedel knows that it’s an “expectancy of an inheritance” and not an asset to Mother’s Trust and yet Peter Schmiedl has hired a court friendly psychologist, Gefforey Shaw, who having never met, treated, or even spoke with Mother’s physician in 2008 or current, took the stand many months ago and stated that Mary G. Sykes was ‘incompentent’ on October 18, 2008 and therefore didn’t know what she was signing ****”  Peter Schmiedel also made a pack with one of his GAL buddies to be the Commissioner who determines the sale of my property.
As confusing as this sounds, attorney Peter Schmiedel is a ‘pathological liar’ and has repeatedly misrepresented facts to five judges, including State and Federal Justices; he has deliberately provided false information to Judge Connors, Judge Stuart, Judge Flemming, Judge Garaber, Judge Hollis, Judge Gilbert and to a string of Justices sitting on the Appellate Court, where Judge Connors was spontaneously promoted in Oct., Dov 2010.  That said attorney Peter Schmiedel opens his mouth and ‘lies’ spew in the form of and including misinformation, and false information to the ARDC and it’s Commissioners!  ”Pseudologia fantastica’, or ‘story telling’ in order to prejudice the Court and discredit — a sort of a matrix of fantasy interwoven with some facts is narrated in over 11 volumes of verified court transcripts and most of which the ARDC has in it’s files if, in fact, it kept the numerous and large files of complaints I have submitted. It is my humble opinion that a psychiatrist expert able to read the transcripts and watch and listen to Peter Schmiedel in action in front of a Court, any Court, would probably conclude, attorney Peter Schmiedel is a pathological liar.
Peter Schmiedel should be reminded that “[a] lawyer’s high vocation is to correctly inform the court upon the law and the facts of the case and to aid it in doing justice and arriving at correct conclusions.”  In re Braner, 115 Ill.2d 384 392 105 Ill. Dec. 233, 504 N.E.2d 102 (19987) quoting People ex rel. Attorney General v. Beattie, 137 Ill. 553, 574, 27 N.E. 1096(1891).  Peter Schmiedel should be disbarred and sanctioned.
(3)  Peter Schmiedel violated Rule 4.1(a) by providing false information to 3rdparties, including the Probate Court, Forcible Court, U.S. Bankruptcy Trustee, a Federal Judge, Naperville Police, Catholic Charities, (the list is endless).  Therefore, Peter Schmiedel has provided FALSE STATEMENT(S) OF MATERIAL FACT(S) TO A THRID PERSON in order  benefit himself and his client.  To do so, he has also demonized me, all in retaliation for me standing up to protect my Mother (almost 93 years old) and because I have filed complaints against him and asked for his disbarment.  He does this all by hiding behind the color of office and law…. Rule 4.1(1) provides: “In the course of representing a client a lawyer shall not (a) make a statement of material fact or law to a third person which statement the lawyer knows or reasonably should know is false.”  134 Ill.2dR. 4.1(a).
(4)  Suffice to say, Peter SChmiedel’s CONDUCT INVOLVES DISHONESTY, FRAUD, DECEIT AND MISREPRESENATION, and therefore he is also in vilation of Rue 8.4(s)(4) and Supreme Court Rule 771.  Rule 8.4(a)(4) provides that a lawyer shal not “engage in conduct involving dishonesty, fraud, deceit or misrepresentation”. 188 Ill.2dR. 8.4(a)(4).  Supremee Court Rule 771 provides that conduct “which tend to defeat the administration of justice or to bring the courts or the legal profession into disrepute shall be grounds for discipline by the court.”  134 Ill.2d R. 771.  Peter Schmiedel violated both of these rules when he (recently) relayed false information to the Federal Court (Judge Pamela Hollis and the U.S. Trustee) regarding the “Probate Exception” and that my assets, mother’s home, and my home were being probated, therefore the Bankruptcy Court should modify the automatic stays.  (Peter Schmiedel, as transcribed in the attach Transcript, also intentionally prejudiced the court and told Judge Hollis that I “hid money”, “was arrested”,  et al. Peter Schmiedel, in order to fraud the court, had me served with a “Pizza Flyer” and then had attorney Cynthia Farenga’s husband write a verified letter to the court stating that I was served according to procedures…..”)  Peter Schmiedel LIED TO THE COURTS so many times, that this transcript shows that since the ARDC has not disbarred and sanctioned him, but empowered him.
Peter Schmiedel’s conduct involves dishonesty, deceit, and misrepresentation which has brought the legal profession into disrepute!.
(5)  SANCTIONS:  Peter Schmiedel has defrauded not only an elderly woman and knows that her money has been converted (or he is attempting to convert her funds and property), (see In re Holst, 201 Ill.2d 628 (2002); In re Wiard, 198 Ill.2d 662 (2002); In re Garside, 195 Ill.2d 607 (2001); In re Bartley, M.R. 15176 (1998); In re Singer, M.R. 14064 (1997); In re Rotman, 136 Ill.2d 401, 144 Ill.Dec. 776, 556 N.E.2d 243 (1990).)
By not disbarring Peter Schmiedel and sanctioning him, too, you are allowing him to continue his dishonesty and deceitful conduct, and continue to pilfer not only my mother’s property and funds, but my property and funds, too and gives his client, Carolyn Toerpe further opportunity to victimize, financially exploit, and emotionally and medically neglect mother, while Peter Schmiedel and his client continue to retaliate against me.
This retaliation and obstruction of justice also includes the theft of my mail, U.S. Mail he actually brought to the Bankruptcy Court and the Probate Court, that had my name and address on it: Peter Schmiedel refused to return my mail and in fact, the US Postal Inspector is still involved in an investigation.  The one envelop he had was addressed to me: the court read into record also evidence that it had no authorized or any markings ‘return to’ Peter Schmiedel.  Peter Schmiedel told me to my face and with witnesses, that I am a “waste of” his time.  He’s accused me of theft, abusing my mother, and of lying: however, Peter Schmiedel has no evidence of this but obviously clout with certain Courts. That said, Peter Schmiedel admitted to the Probate Court that he “had a good day” when I was illegally and fasely imprisoned, chained to a chair with handcuffs, my freedoms threatened as well as the life of my companion healing pooch: Peter Schmiedel then got the court to cross over state lines and freeze assets of a third party’s bank account.
The ARDC will have a good day too, should the agents do the right thing and investigate Peter Schmiedel, who also orchestrated and succeeded in persuading the sickly Judge Garber to enter an order of possession for his client and denying Mary G. Sykes the right to be in court: this action has caused me serious emotional, physical and financial hardships.  Peter Schmiedel lied to me when he told me that his client was agreeable to giving me ‘ample’ time to remove my property, when in fact, he also told his client to loot, seize evidence and do whatever she can to harass, intimidate and silence me.  Under attorney Peter Schmiedel’s authority, his client is in serious violations of the bankruptcy stays as they have taken unauthorized control and converted all of my person and professional property to the ownership of Carolyn Toerpe.  Peter Schmiedel is also obstructing justice as he has authorized his client to remove, destroy or discard all of my litigation evidence for the Probate Court, Forcible and Detainer, U.S. District Court (ADA complaint where Peter Schmiedel’s client is a defendant); U.S. District Bankruptcy Court adversary proceedings where he, Peter Schmiedel and also his client are Defendants; as well as in the U.S. District Court of Appeals where I will prevail on the merits that Peter Schmiedel has no standing and is not a creditor and therefore, cannot bring a motion to modify any bankruptcy stay.
Additionally, the respondent had also entered into a business transaction with a client without full disclosure[1], made a statement of material fact or law that he should have known was false, and engaged in conduct that tends to defeat the administration of justice or brings the courts or legal profession into disrepute.  Twohey, 191 Ill.2d at 84, 245 Ill.Dec. 294, 727 N.E.2d 1028.
Therefore a minimum of two year suspension is justifiable as well as Peter Schmiedel reimbursing the Client Protection Program Trust Fund for any client protection payments arising from his conduct prior to the termination of the period of suspension.[2]

[1] Peter Schmiedel entered into a business transactions with Carolyn Toerpe, the named respondent for a petition for a protective order, that he would only get paid if (1) he helped get rid of me, Gloria Jean Sykes; and to do that (2) have me evicted and take possession of Mother’s home located at 6014 N. Avondale, (3) sell Mother’s home; (4) take control of my assets and leave me penniless, (5) force a partition of and then sale of my home located at 6016 N. Avondale (6) render me homeless, and (7) not provide any of Mother’s financial statements to the Courts.  Another words, Peter Schmiedel(s) only source of payment was through the wrongful and fraudulent acts of  ***********.
[2] Peter Schmiedel has received numerous complaints to the ARDC verified by me of which court transcripts were made available to the ARDC and the JIB.  He has at all times never been able to defend his actions, but in his replies, he continues to LIE, and misrepresent the facts to the ARDC.  Peter Schmiedel’s actions have shortened my mother’s life: his arrogant, blatant and ever consistent actions and narrative to various Judges, including the Civil and Federal Courts will in fact, “murder” Mary G. Sykes and also cause me irreparable and egregious harm.
Gloria Jean Sykes 
Bon Ami Productions, Inc. 
773.910-3310(cell)
773.631-9262 (fax and office line)
Gloria Jean Sykes 
Bon Ami Productions, Inc.

What is the effect of the appointment of a GAL and why do GAL’s seem to linger for years?

Dear Readers;

One of the issues that KDD and many, many others have brought up is why are GAL’s running around the courtroom and billing the estate long after a temp guardian and even plenary guardian has been appointed?  It makes no sense, and perhaps we need a change in law on that–that GAL’s need to be discharged once a plenary guardian has been appointed, UNLESS there is a motion to terminate the present guardian pending.  It seems to me these GAL’s hang out too long after a PG has been appointed, often churn up dissent in a family, and bill, bill, bill.

A GAL is appointed to be the eyes and ears of the court. They are supposed to be an independent third party that reports back to the court 1) if they think a guardian needs to be appointed based upon simple questions regarding the estate of the person and finances; 2) if the person objects to the guardianship and wants an atty; 3) who the Respondent wants to have appointed as guardian, if one is to be appointed; 4) if there is in fact a POA appointing a guardian over financial matters and the person; etc.

Of course, we KNOW this is often not going on.  Many people report back the Respondent in a Petition for Guardianship wants an atty, objects to the guardianship, objects to where she is living, and wants to go home. It’s a huge, huge issue in guardianships.

But one the appointment is over, the guardian is supposed to marshal the assets, fight off litigation, conduct a proper inventory and accounting and manage the estate and person properly.

Far too often, the probate courts are using the GAL’s to take sides and churn up problems after a favored GAL has been appointed.

See KDD”s comments below.
JoAnne

From KDD:

I thought this section would interest you.   Farenga and Stern say that they are acting for Mary –  why?   Their function is quite different.
Why are the GALs functioning at this point in time?   They are duplicating the work that is assigned to the plenary guardian.   If these were the eyes and ears of the Court and functioning as the same they should have been with Carolyn when she opened the safety deposit box.   They would have then seen her remove the large bag of gold coins and other collectibles that were worth a million dollars.     As the valuable collectibles were not inventoried they had a duty to report the missing valuables.   It is presumed that one or both of them (Farenga/Stern) was present doing his/her job when the ‘converted’ assets were removed.
Ken Ditkowsky
for more information, see:
1    Wing v. Dodge, 80 Ill. 564, 1875 WL 8798 (1875).2    Hoit v. Snodgrass, 315 Ill. 548, 146 N.E. 562 (1925); Skontos v. Gekas, 32 Ill. App. 2d 330, 177 N.E.2d 873 (1st Dist. 1961).3    Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).

4    Lewis v. Hill, 387 Ill. 542, 56 N.E.2d 619 (1944).

5    Lewis v. Hill, 387 Ill. 542, 56 N.E.2d 619 (1944).

6    Bradshaw v. Lucas, 214 Ill. App. 218, 1919 WL 1599 (3d Dist. 1919).
Differing result after appointment of one who is only guardian ad litem, see In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).

7    Bradshaw v. Lucas, 214 Ill. App. 218, 1919 WL 1599 (3d Dist. 1919) (requiring trustee of spendthrift trust to pay income to guardian).

8    In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).

9    755 ILCS 5/11a-14.1, as amended by Illinois P.A. 90-250, effective July 29, 1997.
Duly appointed Public Guardians and the Office of the State Guardian have the power to admit a ward to a residential facility.

10    755 ILCS 5/11a-17, as amended by Illinois P.A. 90-250, effective July 29, 1997.

11    755 ILCS 5/11a-22.
See In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992); Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).

12    755 ILCS 5/11a-22.
See In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992); Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).

13    755 ILCS 5/11a-18(a).
See also Chapter concerning the Rights, Powers, Duties, and Liabilities of Guardians.

14    755 ILCS 5/11a-18(a).

15    755 ILCS 5/11a-18(a-5).
See also Chapter detailing the Rights, Powers, Duties, and Liabilities of Guardians.

From Ken Ditkowsky–why an investigation is necessary

People who insist on ‘honest’ government are very dangerous to the ‘political elite!’ In addition to calling attention to the new source of revenue for the corrupt political types – i.e. the hard earned savings of ‘grandma’ we are calling attention to the fact that ‘grandma’ is a human being entitled to her ‘liberty’ rights, her property rights, her civil rights and her human rights.
The Elder Abuse and Financial abuse of the Elderly created by guardians as illustrated by the Sykes case also highlights the way we pick our judges and our elected representatives. Cook County Illinois a very few years ago had 17 judges go to jail in the ‘greylord’ scandal. We have two former governors sitting in Federal Prison right now! The fallout from the ‘Rezko’ affair has not settled ****. Other States have problems of a similar nature but somehow the national news media is much kinder to their miscreants. A former New Jersey Governor and Senator managed a firm that misplaced millions of customer funds and he has not even been arrested! If you or I lost fifty cents belonging to a ‘client’ we would be ‘drawn and quartered!’
Unequal treatment before the law is becoming the norm too many jurisdictions. Punish the messenger is the new credo. This scenario will continue until we can persuade law enforcement and the Congress to do an HONEST, complete, and comprehensive investigation of the Sykes case and the similar cases. The GAO sent Congress a report concerning the epidemic of legitimate Elder Abuse and Financial Exploitation cases that it uncovered. The response has apparently been to concentrate the effort to ‘punish the messenger!’
The First Amendment to the Federal Constitution is the core of our democracy. Citizens including lawyers exercising their Rights, Privileges and Immunities can thwart the pecuniary expectations of the miscreant guardians and their judicial/political benefactors. One of the duties of American Citizenship is the obligation to speak out against corruption, especially by the political types. When the plenary guardian in the Sykes case entered Mary Sykes’ safety deposit box and removed the collectibles disclosed by Mary’s younger daughter and younger sister and did not inventory them she committed a ‘taxable event!’ If the plenary guardian did not report the earnings on her Federal Income Tax Return, she committed ‘tax fraud.’ If my calculation is correct with interest and penalties there is owed to the United States of America over a million dollars! What kind of ‘clout’ does the plenary guardian have that prevents the United States Department of the Treasury and the Illinois Department of Revenue from ‘getting their share of loot!’
The League of Women Voters pointed out the “Democracy was not a Spectator Sport” – thus, we have to demand an HONEST, complete and Comprehensive Investigation of why Grandmother is being actively deprived of her Liberty, her Property, her civil rights, and human Rights.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Good news on two fronts–1) Judge Stuart will not make more decisions until the Court of Appeals rules on Sodini Jurisdiction; 2) In Re Tiffany recent decision supports respect for jurisdictional requirements

Dear Readers;

Atty Ditkowsky has brought to my attention a great new case from the Illinois Court of Appeals — In re Tiffany (posted below) where the Ill. Ct. of Appeals made it clear that procedure in court must be followed and not ignored; and yesterday in the Sykes case, Judge Stuart, at the end of the hearing on voiding the Apportionment agreement and the issues of Mary’s incompetency will be delayed until after the court rules on the jurisdictional requirements having been met in the Sykes case.

That’s a very, very smart decision by the court.  It is likely the best decision that Judge Stuart has made in this case, and one that Judge Connors should have made long ago.  It looks like Judge Stuart “gets it”.  If further looks like why didn’t CF and AS file a Motion to Dismiss for Lack of Jurisdiction (Sodini notices) long ago and end the (unfair) reign of terrorism on the Sykes family, and in particular, Gloria.

I am very glad that the case is now moving along on the proper basis.  As soon as I get a copy of the order, I will publish it.

Ken has some very important words of wisdom below also.

Kind Regards to all  of you in Probate,

JoAnne

Dear JoAnne,
 
The jurisdictional question is a knotty one for the miscreants.   Up to now they have been getting away ignoring the failure to give notice.   A little lie here or there and a total lack of notice can be justified by an ‘indulgent’ court talking about waiver, estoppel etc.    As indicated by the Tiffany decision reported today in the advance sheets (In re Tiffany W., 2012 IL App (1st) 102492-B (September 21, 2012) the Appellate Court has made a definitive statement –jurisdiction is NOT a technicality and it will not be sweep under the rug.   
 
What this means is that cases like the Sykes case are in for an examination at some time in the foreseeable future.   Mr. Schmiedel, as an example, has admitted in the Sykes transcripts that the Sodini notices were never given.  (I believe he made that admission before Judge Reynolds, among others).   This admission if addressed by an appropriate Court in the same manner as the jurisdictional issue was addressed in Tiffany, the lack of notice is fatal.   It therefore follows that the proceedings that he, Ms. Farenga and Mr. Stern are presently conducting against Gloria and her liberty, property, and civil rights  are not only ultra vires but intentionally intended to under color of statute to deprive her of her constitutionally protected liberty and property rights.   In fact, this places the three amigos exactly in the same position as Attorney Barry.   The ARDC prosecuted Mr. Barry!   He was charged with railroading an alleged incompetency into a guardianship!   [I am being prosecuted for protesting that action on behalf of Farenga, Stern and Schmiedel! and saying that “Greylord is alive and well in Cook County!”)
 
As for Gloria, I understand that she came up with a new line, to wit: ‘in Judge Stuart taking appellate jurisdiction over Judge Mulhurn’s decision (almost four years ago) she (Judge Stuart) is defaming Judge Mulhurn by suggesting the Judge Mulhurn was not doing her job.   There is no question that it is as gross an insult as possible for Farenga, Stern, Schmiedel and Stuart to even suggest that Judge Mulhern did not take Mary’s rights into consideration prior to entering a final order in the prior Sykes adv Lumberman’s case.  It should be noted that  Judge Connors concurred in a decision that rendered improper a  735ILCS 5/2 1401 brought two years after a final order had been entered.   The Appellate Court (with Judge Connors concurring) took into consideration a little legal concept known as ‘full faith and credit!’.   Now four years later the three amigos appear before Judge Stuart and tell the Court that Judge Mulhern was incompetent and did not do her job and therefore Judge Stuart ought to overturn the ‘final order’.   They ask Judge Stuart to act as an Appellate Court and deprive Gloria of her civil rights and no-one is concerned!  
 
In my opinion the proceeding that was reported to have occurred yesterday (October 3, 2012) in Judge Stuart’s court represents an arrogance of the part of guardian ad litem Farenga, Stern, and Attorney Schmiedel.   This arrogance is demonstrated by their stated disrespect for the legal process in promulgating such an outrageous proceeding.    Why the ARDC does not act against persons who railroad grandma into guardianships is a mystery, but the Sykes case illustrates how the personages referred to in the Government Accounting Office Report and in other publications are able to get away with this and similar outrageous  conduct.    
 
Even though the legal profession (represented by the ARDC) suggests that the demand for an honest, complete and comprehensive investigation of the Sykes case is unethical and sanction-able,  As a citizen of the United States of America I respectfully request that the United States of America and the State of Illinois do an honest, complete, and comprehensive investigation of the Sykes case, the Gore case, the Tyler case, the Wyman case, and the thousands of similar cases that are similar.  
Ken Ditkowsky

www.ditkowskylawoffice.com

2012 IL App (1st)102492-B
SIXTH DIVISION
September 21, 2012
No. 1-10-2492
In re TIFFANY W., Alleged to be a Person ) Appeal from the
Subject to Involuntary Administration of ) Circuit Court of
Psychotropic Medication ) Cook County.
)
(The People of the State of Illinois, ) No. 10 COMH 1713R
)
Petitioner-Appellee, )
) Honorable Robert W. Bertucci,
v. ) Judge Presiding.
)
Tiffany W., ))
Respondent-Appellant). )
JUSTICE HALL delivered the judgment of the court, with opinion.
Justices Hoffman and Rochford concurred in the judgment and opinion.
O P I N I O N
¶ 1 In her original appeal to this court, respondent Tiffany W. challenged the July 29, 2010,
order of the circuit court of Cook County, which found her to be a person subject to involuntary
administration of psychotropic medication under section 2-107.1 of the Mental Health and
Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/2-107.1 (West 2008)). On
appeal, she contended that: (1) the State did not comply with the notice requirements under
section 2-102(a-5) of the Mental Health Code (405 ILCS 5/2-102(a-5) (West 2008)); and (2) the
No. 1-10-2492
State failed to establish the elements necessary to administer medication to a non-consenting
person. In response, the State argued that the appeal was moot because the July 29, 2010, order
had expired. We agreed with the State and dismissed the appeal. See In re Tiffany W., 2011 IL
App (1st) 102492-U.
¶ 2 On July 17, 2012, our supreme court denied leave to appeal but issued a supervisory order
directing this court to vacate our order dismissing the appeal as moot, reinstate the appeal and
consider the case on the merits. In re Tiffany W., No. 113839 (Ill. July 17, 2012). In accordance
with the supervisory order, we vacate our prior order and address the merits of the issues raised
on appeal. The relevant facts are not in dispute.
¶ 3 Respondent Tiffany W. was 39 years old at the time of these proceedings and an Army
veteran. She was previously diagnosed with schizophrenia and suffers from delusions and
paranoia. She had been hospitalized on numerous occasions, including at least three admissions
within the year preceding the hearing. As the result of a fall from a ninth-story window when she
was 32 years old, respondent Tiffany W. suffered permanent damage to her brain and spine. She
is confined to a wheelchair and suffers from quadraparesis and dysarthria. Tiffany W., 2011 IL
App (1st) 102492-U, ¶ 3.
¶ 4 In 2009, respondent Tiffany W. stopped taking her psychotropic medication. Thereafter,
her behavior and demeanor diminished, resulting in delusions, including the belief that she is
either a man or God, frequent outbursts involving inappropriate and abusive language, and a
decreased ability to care for her own hygiene or health. Dr. Sean M. Blitzstein, respondent
Tiffany W.’s treating psychiatrist, filed a petition seeking an order for the involuntary
2
No. 1-10-2492
administration of psychotropic medication in order to treat respondent Tiffany W.’s illness and to
improve her quality of life. Tiffany W., 2011 IL App (1st) 102492-U, ¶ 4.
¶ 5 At the hearing on the petition, testimony from Larry W., respondent Tiffany W.’s father,
and Dr. Blitzstein, her treating psychiatrist, revealed that when respondent Tiffany W. took her
psychotropic medication, she was able to live in her own residence with the assistance of
caregivers. Without psychotropic medication, she became agitated easily and delusional and
generally was unable to care for herself. Dr. Blitzstein opined that respondent Tiffany W. did
not have the capacity to decide for herself whether to take or refuse the medication. Tiffany W.,
2011 IL App (1st) 102492-U, ¶¶ 3-4.
¶ 6 Following the hearing, the circuit court granted the petition and ordered the administration
of psychotropic medication to respondent Tiffany W.
¶ 7 ANALYSIS
¶ 8 On appeal, respondent Tiffany W. contends that the State’s failure to comply with the
written notice requirement under section 2-102(a-5) of the Mental Health Code requires reversal
of the circuit court’s order. She further contends that the State failed to establish the elements
necessary to administer medication to a nonconsenting person.
¶ 9 I. Standards of Review
¶ 10 Whether there was substantial compliance with a statutory provision presents a question
of law, which we review de novo. In re Nicholas L., 407 Ill. App. 3d 1061, 1072 (2nd Dist.
2011). A reviewing court will not reverse a trial court’s determination as to the sufficiency of the
evidence unless it is against the manifest weight of the evidence. In re Laura H., 404 Ill. App. 3d
3
No. 1-10-2492
286, 290 (4th Dist. 2010). A judgment is against the manifest weight of the evidence only where
the opposite conclusion is apparent or where the findings appear to be unreasonable, arbitrary, or
not based on the evidence. Laura H., 404 Ill. App. 3d at 290.
¶ 11 II. Discussion
¶ 12 We begin by reviewing the pertinent portions of the Mental Health Code. Psychotropic
medication may not be administered involuntarily to an adult respondent who is receiving mental
health services, unless it has been established by clear and convincing evidence that all of the
following factors are present:
A. The respondent has a serious mental illness.
B. Because of said mental illness, the respondent currently exhibits: deterioration of
his or her ability to function, as compared to the respondent’s ability to function prior to
the current onset of symptoms of the mental illness for which treatment is presently
sought; suffering; or threatening behavior.
C. The illness has existed for a period marked by the continuing presence of the
symptoms set forth above or repeated episodic occurrence of these symptoms.
D. The benefits of the treatment outweigh the harm.
E. The recipient lacks the capacity to make a reasoned decision about the treatment.
F. Other less restrictive services have been explored and found inappropriate.
G. Any testing or other procedures for which authorization is sought are essential for
the safe and effective administration of the treatment.
See 405 ILCS 5/2-107.1(a-5)(4) (West 2008). “Clear and convincing evidence” is “that quantum
4
No. 1-10-2492
of proof that leaves no reasonable doubt in the mind of the fact finder about the truth of the
proposition in question.” In re John R., 339 Ill. App. 3d 778, 781 (5th Dist., 2003). Clear and
convincing evidence is considered to be more than a preponderance but less than is required to
convict an individual of a criminal offense. John R., 339 Ill. App. 3d at 781.
¶ 13 Before a respondent can make a reasoned decision about medication, he first must be
advised as to the risks and benefits of the proposed course of medication. In re Louis S., 361 Ill.
App. 3d 774, 780 (4th Dist. 2005). Section 2-102(a-5) of the Mental Health Code provides in
pertinent part as follows:
“If the services include the administration of ***psychotropic medication, the physician
or the physician’s designee shall advise the recipient, in writing, of the side effects, risks,
and benefits of the treatment, as well as alternatives to the proposed treatment, to the
extent such advice is consistent with the recipient’s ability to understand the information
communicated.” 405 ILCS 5/2-102(a-5) (West 2008).
¶ 14 The requirements of section 2-102(a-5) are to “ensure that a respondent is fully informed,
but also ‘to ensure that a respondent’s due process rights are met and protected.’ ” Nicholas L.,
407 Ill. App. 3d at 1072 (quoting John R., 339 Ill. App. 3d at 784). Strict compliance is
necessary for the protection of the respondent’s fundamental liberty interest in refusing invasive
medication. Nicholas L., 407 Ill. App. 3d at 1072. “Verbal notification is insufficient and the
right to receive written notification under section 2-102(a-5) cannot be waived by a respondent.”
Nicholas L., 407 Ill. App. 3d at 1072; see John R., 339 Ill. App. 3d at 784 (written notification is
particularly important where the respondent refuses to discuss the risks and benefits of the
5
No. 1-10-2492
medications with his doctor).
¶ 15 The petition stated in pertinent part as follows:
“The patient was provided in writing the risks, benefits and side effects of each of the
medications requested, as well as alternatives, by Dr. Rishi Kumar, PGY-2 Psychiatric
Resident. This was done on June 11, 2010 and documented in the VA charting system.
The patient became agitated, refusing to read or discuss them, but they were left in the
patient’s room. The patient was again given written information about the risks, benefits,
and side effects of each of the medications requested on July 29, 2010, by Dr. Blitzstein.”
At the hearing, Dr. Blitzstein was questioned by the assistant State’s Attorney as follows:
“Q. Doctor, has the respondent been given written information regarding each of the
medications you’re seeking including the risks and benefits of each medication?
A. Yes, she has. She has been given it on two occasions. On June 11th by my
resident, who was working with me at the time, and also today.
Q. By who?
A. Oh, by me today.”
¶ 16 The reference in Dr. Blitzstein’s petition to “alternatives” indicates written notification as
to alternative medications but not as to any nonmedical treatment options. See Nicholas L., 407
Ill. App. 3d at 1073 (knowledge of alternative medications did not address other medical options
or nonmedical treatment alternatives). The State did not call Dr. Kumar to testify, and Dr.
Blitzstein only referred to written notification of the risks and benefits of the medication, not
written notification of the treatment alternative options, in his testimony. The circuit court did
6
No. 1-10-2492
not make a finding that the State had complied with the written notification requirement. We
conclude that the State failed to comply with section 2-102(a-5) of the Code.
¶ 17 Case law from other appellate districts holds that the failure to comply with the
requirements of section 2-102(a-5) compels reversal of an order for the involuntary
administration of psychotropic medication. See Nicholas L., 407 Ill. App. 3d at 1073. In Laura
H., the reviewing court determined that the State failed to comply with section 2-102 (a-5) where
the documents did not address the risks, benefits or alternatives. Because the State failed to
present any evidence that the respondent was informed in writing of the risks and benefits of the
proposed treatment, as well as alternatives to the proposed treatment, the court held the
involuntary treatment order was against the manifest weight of the evidence. Laura H., 404 Ill.
App. 3d at 290-91. In Louis S., the State’s failure to present evidence that the respondent was
informed of the risks and benefits of the proposed medication required reversal of the order.
Louis S., 361 Ill. App. 3d at 780 (citing John R., 339 Ill. App. 3d at 783).
¶ 18 This district has not addressed the precise issue raised by respondent Tiffany W., i.e.,
whether the failure to provide the respondent with written information as to alternative treatment
options requires reversal. In Nicholas L., the appellate court noted the absence of cases where an
order for the involuntary administration of medication was reversed solely on the basis of the
failure to provide written notification of the alternative treatment options to the respondent but
concluded that reversal in such cases was required. In reaching that determination, the court was
guided by the holding in John R., that “the failure to provide written notice compelled reversal
because the ‘Code’s procedural safeguards are not mere technicalities but essential tools to
7
No. 1-10-2492
safeguard [a respondent’s] liberty interests.’ ” Nicholas L., 407 Ill. App. 3d at 1073 (quoting John
R., 339 Ill. App. 3d at 785). Because the “law is clear that failure to strictly comply with the
[Mental Health] Code’s written notification requirements in general compels reversal,” the court
held that “failure to provide written notification of alternative treatment options compels
reversal.” Nicholas L., 407 Ill. App. 3d at 1073.
¶ 19 The court in Nicholas L. also rejected the State’s argument that the respondent was
required to prove that he was prejudiced by the failure to comply with the written notification
requirements of section 2-102(a-5). The court pointed out that the harmless-error rule did not
apply in right-to-written notification cases. Nicholas L., 407 Ill. App. 3d at 1074 (citing In re
A.W., 381 Ill. App. 3d 950, 957 (4th Dist. 2008)). However, this district has recognized that the
failure to strictly comply with even mandatory provisions of the Mental Health Code can be
harmless error. In re Karen E., 407 Ill. App. 3d 800, 812 (2011) (citing In re Nau, 153 Ill. 2d
406 (1992)).
¶ 20 In Nau, the supreme court determined that a defect in the notice of hearing required by
section 3-611 of the Mental Health Code (Ill. Rev. Stat. 1989, ch. 91½, ¶ 3-611) did not warrant
reversal. The court determined that the respondent forfeited the error by failing to raise the issue
in the trial court. Even if the court had considered the error, the respondent received actual
notice of the hearing, which allowed him an opportunity to prepare for and be heard at the
hearing, thus satisfying the purposes behind section 3-611. Nau, 153 Ill. 2d at 418-19. Likewise,
in Karen E., this court found that the failure to provide the verbatim transcript of the proceedings
required by section 3-817 of the Mental Health Code (405 ILCS 5/3-817 (West 2008)) caused no
8
No. 1-10-2492
prejudice where the parties agreed to a stipulated statement of the facts from the proceeding.
Karen E, 407 Ill. App. 3d at 812.
¶ 21 Unlike in Nau or Karen E., the purposes behind section 2-102(a-5) were not satisfied in
this case. Not only must a respondent be fully informed, but compliance with section 2-102(a-5)
is necessary to ensure that a respondent’s due process rights are met and protected. Nicholas L.,
407 Ill. App. 3d at 1072. Strict compliance with procedural safeguards is required because the
respondent’s liberty interests are involved. Louis S., 361 Ill. App. 3d at 780. Unlike in Nau, the
legislative purposes of section 2-102 (a-5) were not achieved in this case. Requiring strict
compliance with the written notification requirement is a necessity and not merely a formality, in
this case. Compare Nau, 153 Ill. 2d at 419. Therefore, the error is not forfeited.
¶ 22 Moreover, in light of the second issue raised by respondent Tiffany W., the failure to
comply with section 2-102 (a-5) is not harmless error because it goes to whether the State proved
one of the necessary elements of section 107.1(a-5)(4) of the Mental Health Code. In In re Linda
K., 407 Ill. App. 3d 1146 (4th Dist. 2011), the reviewing court reversed the order requiring the
involuntary administration of medication to the respondent. The court agreed with the
respondent that the State failed to prove by clear and convincing evidence that she lacked the
capacity to make a reasoned decision about the proposed treatment because she was not provided
with the “statutorily mandated written information about the side effects, risks, benefits, and
alternatives of the proposed treatment. Linda K., 407 Ill. App. 3d at 1153. Likewise in the
present case, absent its compliance with section 2-102(a-5), the State failed to prove by clear and
convincing evidence that Tiffany W. lacked the capacity to make a reasoned decision about the
9
No. 1-10-2492
proposed treatment. Therefore, the State failed to satisfy all of the necessary elements of section
2-107.1(a-5)(4) of the Mental Health Code.
¶ 23 CONCLUSION
¶ 24 The State’s failure to comply with the written notification requirement of section 2-102(a-
5) of the Mental Health Code requires that we reverse the July 29, 2010 order, requiring the
involuntary administration of psychotropic medication to respondent Tiffany W.
¶ 25 The judgment of the circuit court is reversed.
¶ 26 Reversed.
10

Great news from the “other daughter”–Notice of Appeal now on file

Dear Readers;

Good news all around.  You can now see how to properly file a Notice of Appeal, Docketing Statement and Request for the Record Preparation to appeal a Motion Denied by the Probate Court

Appellate Documents to file an Appeal Denying Motion to Dismiss for Lack of Jurisdiction (Sodini)
Great Job!  Keep on going, younger daughter.

Joanne