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.




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