THE ELDER CLEANSING PHENOMENON
The Americans With Disabilities Act was an extension of the ancient parens patrie concept of society taking care of those who are members of society and unable to in whole or part enjoy the fruits of society. It is a lawyer’s way of saying that we are all our brother’s keepers.
Guardianship was promulgated not as a forfeiture of rights of citizens but as a Court sponsored and supervised way of designing certain responsible citizens as helpers/caregivers so as provide a disabled person with the wherewith all to remain independent and productive in the community. The helper/caregiver was intended to just supplement an acuity of the disabled person in the precise manner necessary. There was at best a strict delegation of “power” to the care giver keeping in mind that the trampling on civil and human rights was to be at a minimum.
The State Court was designated to monitor the appointees so that they did not over-step, and to protect the rights, privileges and immunities. In Illinois, as an example, 755 ILCS 5/11a – 3b makes the limitation on the powers of the guardian very specific. As the guardianship inherently infringes on some basic liberties and to make certain the any infringement is absolutely necessary and benefit the ward the statute sets up some procrustean parameters (755 ILCS 5/11a – 1 et sq). To obtain jurisdiction 755 ILCS 5/11a – 10 is jurisdictional. It spells out the due process criteria and sets the rules for notice and hearing. The Summons to be used is specified. The people to be notified and served with process are specified, and even the timing of the hearing and the inquiry of the hearing are specified. Every State has a similar Statute.
The road to hell is paved with good intentions never acted up, statutory schemes never utilized in any courtroom. The elderly who were subject to the benign reasonable necessary and beneficial good intentions of the guardianship act soon found that corrupt judges and corrupt lawyers saw the elderly as a source for exploitation. The Mary Sykes case and Alice Gore cases heard in the Cook County, Illinois Courts is a prime example of how an elderly person can find herself herded into a guardianship for profit. See 09 P4585.
Mary found her daughter stealing from her, and “attempting to take over her life!” She sought help in the form of an order of protection. The miscreant daughter countered with a petition for a guardianship. In the probate court the daughter hooked up with corrupt lawyers and without the 755 ILCS 5/11a – 10 (due process) protections a crooked judge entered an order sans hearing appointing the miscreant daughter as the guardian. Not one safeguard was in place for Mary Sykes. Thereafter systematically Mary was abused, exploited and each of civil and human rights forfeit. (See MaryGSykes story on this blog for more detail)
In the Alice Gore case, Alice and her family were both exploited and deprived of their rights. A corrupt judge first appointed a family member as guardian. By mesne episodes of serious ethical lapses the corrupt lawyers and the judge removed the family member and appointed an 18 USCA 242 co-conspirator as successor guardian. Alice’s rights were forfeited and systematically every dime that Alice had was dissipated. When the last easy dollar was garnished the miscreants harvested the gold in Alice’s teeth. (See Probate Sharks for more detail).
The mechanism for the exploitation is quite simple. All that is required is a crooked judge signing orders that the Judge is fully aware are wrongful. By Court order the Judge attorns to and makes binding the theft of millions of dollars and the forfeiture of the senior’s liberty and property. Special facilities are set up for this holocaust – some are called nursing homes and hospice facilities. By drugging a senior a robust individual can be turned into a zombie. The drugged senior is ordered greater and more expensive care and though a money laundering, bribes and kickbacks no stone is left unturned as the elder cleansing proceeds to its final phase – DEATH!
As there are Probate Court orders approving of every step in the criminal enterprise, the legal concepts of res judicata and collateral estoppel prevent appropriate judicial challenge even in the Federal Courts. In the Federal Court you will hear the term “PROBATE EXCEPTION” and words from the Judge that he is not an appeals court for disgruntled and greedy heirs of the victim. Thus, you can expect that the corrupt judge and his partners 18 USCA 371, 18 USCA 242 are safe.
The miscreants are not safe yet. The sibling or child who a corrupt judge has ruled not to have standing can still find and engage a lawyer who has integrity and that avenue has to be thwarted. Lawyers are licensed by the State. Ergo, Attorney disciplinary commission (IARDC) are recruited and the corrupt judge threatens lawyers who exhibit any integrity or indication of upsetting the ‘apple cart!’ — or gravy train, as the case may be. These lawyers are threatened with loss of license if they complain. In the Sykes case the transcripts reveal threats against just about every lawyer engaged to protect the interests of either Mary or her younger daughter Gloria. When JoAnne Denison and I asked to have an Honest Investigation of 09 P 4585, GAL Cynthia Farenga was able to arrange disciplinary proceedings emanating from the lawyer disciplinary commission (IARDC). This did not stop the complaint and I received a four year suspension and JoAnne 3 years. Had we joined in stealing Mary’s money we would have received appointments as GALs.
From Joanne Denison (blog owner and operator)
And had we engaged in additional conduct such as selling Mary’s home for pennies on the dollar as had happened in 09 P 4585 where the home was likely worth $1 million or more (they went after Gloria Sykes property, an adjacent property to perfect their parcel, but she stopped them and they are furious about that), in Feb of 2012 the Mary Sykes property appraised at $750,000 and two months later it was sold to a real estate investment company for $210,000.
When I have worked on cases with property, I have been asked by unsolicited callers if I would participate getting a “deal” on a property, I firmly told the caller “no”, these are real people with real problems and the property must be marketed openly and sold for fair value to a third party. Apparently, Chicago is swimming with land sharks.
To steal from widows and orphans has to be the nadir of society. The laws are meant to protect them and treat them will all due care and tenderness. Today, we force grandma into a nursing home where she does not want to be and sell off all her property and give it to tied in attorneys and their cornies–case (mis) managers, tied in nursing homes (with generous kickbacks for the placement finder), (anti) social workers and a host of others that never report abuse, never do anything about it, and leave grandma and grandpa with absolutely no human and civil rights.
Today Gayle Robinson is in such a position. She loved Randy, her granddaughter and Debbie, the kids who cared for her and she invited in her home. Someone took $45,000 and that started the process of shutting up grandma by sequestering in her home with a bunch of kids she did not want to talk to or see. The video posts are famous and I hope to get a full set for the blog. GR fended off several tied in workers AND the police with guns for 2 hours before they put her in a psych hold lock up for 9 harrowing days where she was left alone, or told what to do but never knew why, but mostly drugged against her will and in derogation of Michigan law. Who does this? Meanwhile Randy is evicted without due process and the miscreants could care less about a 15 year old child who has no money. Randy has no money but has never stolen anything, but the other kids were tapping into grandma’s Line of Credit regularly with no payments back. Recently, a court order issued for Gayle to get back her dog. Debbie has it. The other (stealing) kids cocked up this one too. Turns out that the dog was actually a pure bred, bred by Debbie and given to her mom as a therapy dog! She can’t steal her own dog. And in guardianship it is well known that once a guardianship is underway, theft and euthanization of pets is common (just like grandma), who why give a pet to a group of people who stole from grandma, then obtained illegal Orders of Protection against Randy, Debbie and LR, a minor. How do they even include a 15 year old granddaughter in an Order of Protection? You can’t arrest her for seeing her grandmother, but these miscreants would.
I have already been told by them they care for grandma (most likely don’t want to get arrested for theft), but not the minor daughter. How is that? They care for one vulnerable person but not another? Easy, they took significant funds from grandma and never paid them back. Now they have to get MR on their side to cover everything up. Believe me, if they stole from the minor child, she’d be in their grips also.
So today I ask you to pray for them all. And if you have a story, a case and think no one cares, Ken, I and Candice Schwager do. Call us, write us, fax us and we will help you with suggestions as to how to get an attorney, what to do in court, how to record those involved to preserve evidence, etc. Anything we can do.
Owner/Operator blog http://www.MaryGSykes.com