Blessings and Prayers to those without loved ones over the holidays

Dear Readers;

While we all now know that it is a federal crime to hide a senior or isolate them, I hear of far too many cases employing this tactic.  My heart goes out to the loved ones that can’t find their senior, that when they call up, the location of the senior is denied, and the phone is hung up on them.

It is wrong, morally and ethically to hide a senior from friends, family and those concerned with the welfare of the senior.  It is equally wrong, if you are a GAL or Plenary Guardian to secret a senior away from former friends and family, to hang up on a loved one that calls to say “Merry Christmas”.  It is wrong to deny them access at all reasonable times, to the senior that wants to see them.

Every day I hear more and more stories of these tragedies.  It would be most welcome if the Illinois legislature could see fit to pass a law that wrongfully denying a senior access to their children is a crime and a tort.  Unless the child has a Protective Order entered against him or her, they should be allowed to see mom or dad at least once per week for a couple of hours.  These are “loss of cosortium/companioship” statutes that have already been passed in 13 states due to this problem.

Another problem I am seeing in Probate Court is the court granting or the lawyers agreeing that certain lawyers only get paid 10% or 20% of their fees, while others are paid 90% or more.  Often it appears one lawyer does all the work, but is not “part of the club” and the judge either rules, or the other attorneys agree that one lawyer gets paid far, far less.  Now, normally this would not be a problem, but when that lawyer can’t even pay rent or staff, it is a huge problem because it creates many problems with rent, utilities and staffing for protecting a senior.

And finally, if you are a court victim, I know that you have been through a lot.  I believe we have already discussed on this blog the issue of PTLD.  There is an excellent youtube.com video on it, if anyone can find it for me again, I will post.  PTLD leaves many court victims in an excited and emotional but illogical state.  It is explained this way:  you go to place A once per month.  Every time you go to place A, someone takes a 2 by 4 and whacks you in the knees, or across the back.  So everytime you have to go to place A, for a few days before, and a few days after, you get yourself into a highly excitable and agitated state because you know the experience will be excruciatingly unpleasant.  You can’t think and can’t sleep.

BUT, if you talk to any lawyer, they will tell you the best face to have when you are in court is a poker face.  When you have to say something unpleasant about the opposing party, look down at the floor. 

One huge problem I do see in divorce and probate cases is the mud slinging of “alcoholism/drug addition”.  For some reason, opposing counsel loves to mud sling these terms.  The only way to stop this is to have your client go to an independent doctor/drug testing clinic and get a blood or blood and hair test and the next time opposing counsel starts up, have it ready to file with the court as a “Notice of Evaluation.” 

Stops OC cold and makes him look like the liar he is.

Accordingly, if your client is accusing someone of being an addict, make sure there is proof before you toss that one around in court.  It’s fraught with trouble and can easily backfire.

Again, my thoughts and prayers at this time are with those court victims where there is no jurisdiction, where they cannot see or call or even reliably drop off a card or present to a loved one. 

Let’s all pray for truth and justice to be done each and every day.

And if you get a chance, please check out our sister site:  http://www.justice4every1.com which I plan to incorporate an NFP on Jan 1, 2014 to start the new year.  You can make a non 501-c-3 donation by paypal to fairjustice4every1@gmail.com or via our website, just mark the payment donation and it will get to the new NFP. 

JoAnne

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