Many on this e-mail thread have expressed serious concerns about the entire guardianship situation and ask why should there ever be a guardian appointed. The answer is derived from the understanding that society has to take care of the people who are unable one way or another to take care of themselves. This is Parens Patrie and one of the most important concepts of American and English Law.
Long ago we as humans recognized that to toss the elderly and the unwanted out in the wilderness to die was barbaric and wrong. We recognized that those amongst us who were unable to survive on their own had lives that were as precious as our own. Ergo, every religion has some system of social justice and aid those who cannot help themselves. Both the quantity and the quality of the assistance varies and is a matter of conscience, but it exists.
Here in the United States we all are dedicated to providing ONLY such assistance was being needed, no more and no less. The operating words of just about every statute and the Americans with Disabilities Act is “reasonable accommodation.” What does reasonable accommodation mean? It means that the person giving the aid does not diminish the recipient in any way. Thus, to be eligible for a guardian an individual must have a ‘disability’ that prevents the person from enjoying the basic rights, privileges and immunities that the average citizen enjoys and thus can receive aid only to the extent of the aforesaid disability. Handicap parking privileges are a common accommodation.
Unfortunately, the best program can be abused, and the four Government Accounting Office reports demonstrate just how serious the abuse has gotten. The blogs Probate Sharks, NASGA, MaryGSykes, **** all further report the problem.
Every senior in America today has to have apprehension about growing old because of the governmental abuse and incentives to miscreants to abuse the system and the elderly. As we get older the first blush with the problem usually occurs when a parent become infirm. The infirmity can be so minor that it passes un=noticed except by family, or it be evidenced more obvious deficiencies. In most of these circumstances the family addresses the issue.
My personal saga
In my personal situation, my mother became infected by a virulent form of Breast Cancer that had a prognosis of killing the victim within days of diagnosis. My uncle, who was a physician, diagnosed the disease and recommended immediate surgery. My mother rejected the advice and opted to obtain treatment back home in Miami Florida. During the 2.5 day trip the tumor grew from microscopic to the size a basketball. The surgery was performed in Miami’s Cedars of Lebanon Hospital and was horrific.
My brother, who at the time was just starting his medical career, discussed the problem with one of his instructors and was introduced to a highly experimental program. It was predicated on the fact that there was a serum that was fatal to the fastest growing cells in the body, and Dr. T reasoned that as the particular breach cancer cells grew at such a rapid rate no other cells in the body would be affected. My brother and I both agreed instantly to the procedures and that day mother became subject to the medication. Fortuitously, the cancer became in check and one day about a year and one-half later, I received a telephone call from the doctor: “I have to see you personally in Miami as soon as humanly possible.”
I immediately called the airport, and hurried to O’Hare Field as they literally held the Miami flight for me. Out of breath I climbed into the airplane and sat anxiously as the two and one-hour flight unfolded. My secretary arranged for a rental car for me to be delivered to the door of the terminal so not a minute would be wasted. I arrived at Miami, literally ran to the front entranced, hopped into my rental car and drove to the doctor’s office. When I arrived my brother was there, looking somber and anxious. I climbed into a chair and head the following words: “this morning’s examination indicated that your mother had no evidence of cancer!”
The reaction from me pure unaltered anger – I had inconvenienced just about everyone I knew or came in contact with to rush to Miami to hear my mother was cured – words that could have been communicated on the telephone! I was furious, livid, and about to ask him why in the HELL he could not have told me the good news over the telephone rather than dragging me out 1300 plus miles went he went on to say: “I do not know what, if anything, I am to do now!” I do know that the cancer will come back in spades doubled and redoubled and I will not be able to resume the treatment.
The cancer did come back, and but it was not quite in spades, but it was untreatable and eventually killed her. The anxiety that it created was horrible and started a routine that eventually caused me to file to Florida every other weekend. It was cruel and horrible for everyone. Mother abdicated all financial responsibility to me and my brother was left to deal with the nitty gritty of seeing that she took her medication did not create a social situation that was untenable. On one occasion her electrolytes became out of balance and the doctors decided that Gatorade was the best solution for her to address. Gatorade is terrible tasting – poison is more acceptable. Bill went to the grocery store, purchased a case of Grape Gatorade – the least object able in terms of taste, and literally used threats, intimidation, and brute force to get her to down a quart every day – until mother threatened to call the police and demand protection from his demand that she drinks the vile liquid. The task then fell on me and mother never forgave Bill for his forcing her to drink that stuff. (I just threatened to cease coming to Florida if she did not comply – she never called my bluff).
This episode took five years out of our lives. My brother and I on day one agreed to the program with mother was subjected to and in all candor had she lived another mother she would have buried both of us. Yes, we hired caretakers – who she fired. Yes, we sought help from social services, and yes we got tired, and demoralized, but, we dealt with the problem. We were not alone in our plight, but we were united.
We were lucky. Mother was competent and able to pay her bills, conduct what business she had, and was fully competent. However, when the cancer debilitated her I was able to step in as needed and do what had to be done. Since I was fourteen I was on my parent checkbook as a signor. I had the power of appointment as to their investments and thus, I was always a fiduciary to my parents. I did not payout a dime without making my brother aware of each expenditure and the reason therefore. Had he objected to anything we would have worked out the objection.
The ELDER CLEANSING SCENARIO
Many people doing find themselves in the position that my brother and I found ourselves. First mother lived five years more than any other similar cancer patient and had a strong will to live. Second, she was not incompetent during her illness, but available for us to consult with and to guide us as to her wishes.  Parents (and other loved ones) become hostile, irrational, and sometimes self-defeating. Worse yet, they cease being trusting and become paranoid. Other siblings are not co-operative and/or downright hostile.
Many people find the elderly person (Mother) in a quagmire that is not only new, but, out of everyone’s range of knowledge. Siblings usually want to do the right thing by mother, but most have an exclusive plan that assumes that the other members of the family just fell off the turnip truck, cannot be trusted, or do not care etc. etc. One person usually assumes the leadership role and as there is a great deal of disagreeable work to be just temporarily abdicate. It is not uncommon for the oldest sibling to ‘get stuck’ with the job. There are variations on the theme but the result for the elderly person is the same. A death by elder cleansing!
What is to be done in these situations? In many of these situations all sides must act in extreme good faith and have tolerance for other opinions. It is a dream to expect such to happen and as this scenario progresses at this point in time the family arrives at the entry point for many of the elder cleansing cases. It should be noted that there is an entire cadre of lawyers who have no moral compass and who allied with Nursing home operators, crooked judges, and other crooked judicial officials all of whom are ready willing and able to exploit the weaknesses of the affected families. It is very easy to convince a paranoid sibling that his other siblings are only after mother’s money and all the brains have gone into his/her head and everyone else is tainted. These lawyers are experts at this type of thing. Some are arrogant enough to teach ethics in Continuing Legal Education courses. Once one of these corrupt lawyers gets his fingers into the elderly person’s life, the 18 USCA 371 conspiracy goes into play. One of the most common ploys is to talk reassuringly to the sibling gaining the confidence of the ‘mark.’ The lawyer makes it clear that Judge ***** will be supervising the proposed guardianship and he/she will have to answer to the judge, but the ‘mark’ will have every tool available to protect the parent from the greed of his/her siblings and ******. A disingenuous miscreant might even read to ‘mark’ from the statute to assure him/her that mother will be protected.
The guardianship starts with a Petition that is directed to the Court to appoint the ‘mark’ as plenary guardian. Pursuant to statute everyone with an ‘interest’ in the proceedings is to be notified about two weeks prior to the hearing, and mother is served with a bundle of papers by the Sheriff. A doctor, most of the time obtained by the lawyer, signs a statement (or an affidavit) that mother is suffering from dementia and is unable to take care of herself or her affairs. This doctor is given a couple of dollars and in many of the situation has never examined mother; however, he has mother have filled out a few forms that are claimed to be mental competency tests. Few if any questions deal with ascertaining if mother knows the object of her bounty, the extent and nature of her property, or can perform the routine test of purchasing a bottle of milk at the local store and if she still recognizes her children and grandchildren, even if by pictures in her living room.
The Judge (who is usually wired or fixed) does a 30 second hearing and then signs an order appointing the ‘Mark’ as plenary guardian. A flunky who is usually another scavenger reports that he/she visited with mother and in his/her opinion mother had the mentality of a stone. Any objecting siblings are accused of agitating mother and are given strict warnings that if they do not attorn to the soon to commence secret elder cleansing of mother they will be subjected to supervised visitation–or worse.
The lawyer who is now a hero to the plenary guardian diligently helps the aforesaid plenary guardian to garner the assets, inventory the most obvious, and pay his fees, the guardian ad item’s fees, and a sorted expense that may or may not be legitimate. Of course, mother’s whims are given great respect and doses of cash. It is not too long that the non-accountant fiduciary has a set of books that do not balance, and is solemnly informed that some of the expenditures (using tens of thousands of dollars) were paid without permission of the Court. The lawyer points out the fact that he warned the plenary guardian that every dollar had to be supervised by the Court.
This is the cross-roads. If the plenary guardian has moxie and a little larceny the problem goes away. If the guardian is one of those people who have integrity he or she is in for a rough ride. The Judge will become hysterical, threaten contempt, removal for office, judgment etc. – how dare the guardian buy mother a warm coat for winter without approval of the Court! This action by the guardian is disreputable a breach of fiduciary responsibility and requires a contempt hearing.
The other siblings, now cowed do not put up any fuss – or if they are not cowed are accused of agitating mother and therefore we have to have an independent guardian. The guardian ad litem agrees to help in the search. A lackey = sometimes one of those ‘banks’ that is friendly toward the miscreants is appointed as the successor plenary guardian.
Mother is then isolated and drugged until every dollar that can be garnered is safely expropriated and in the hands of the conspirators. Mother is housed a great expense in a friendly nursing or sheltered care facility that is willing to pay generous finders fees to the corrupt judicial officials. When the money runs out, for as long as government payments can be obtained mother is warehoused drugged to the gills. She finally has little value and then she is placed into hospice until that money runs out. Death releases the estate into perpetuity.
Of course there are variations on this theme, but, the bottom line – a targeted victim is isolated, stripped of all dignity, human rights, civil rights, property and any other thing of value all for the benefit of corrupt judges, lawyers, judicial officials and political elite. The words and phrases of the statute are noble, but totally ignored.
Today, the Elder Cleansing continues unabated. The Congressional committees have done little, if anything, State agencies do what State agencies always do – nothing, the Courts are still harboring these corrupt conspiracies and the miscreants remain unpunished. In fact, the Illinois Attorney Registration and Disciplinary Commission is openly and notoriously ‘covering up’ the felonies with intimidation, extortion, and ethically challenged behavior all in violation of 18 USCA 371 ******. The Illinois Supreme Court has been rubberstamping the ‘cover-up’ of this criminal conduct and even condoning a bit of racial profiling, discrimination such as found in the Lanre Amu case.
The Mary Sykes and the Alice Gore case are poster board cases that illustrate every aspect of the criminal conspiracy of Elder Cleansing. The Probate Sharks and MaryGSykes blogs have memorialized the facts of each case and the tactics that are so reprehensible. Judge Connors evidence deposition at page 91 is an admission that Judge Connors was not only ‘wired’ but clearly not even embarrassed by her misconduct. The Judicial System obviously did not rebuke Judge Connors for her admitted corruption as it rewarded her with a position on the Appellate bench. The miscreants who acted to destroy the lives of Mary and Alice were rewarded with substantial fees and no prosecution. The 1.5 million dollars stolen from Alice Gore remains unrecovered and untaxed even though a Circuit Court judge supervised the estate – including the scavenging in her mouth for a couple of grains of Gold The 3.0 million dollars including a million dollars in gold coins was similarly never recovered or taxed by has been taxed by either Federal or State Authorities. *****
What can be done?
The candid answer is I DO NOT KNOW? Operation Greylord sent a score of Judges to jail and several score lawyers to jail, but, a few years down the road the corruption has so gotten out of hand that the Public guardian’s office was implicated in the literal kidnapping of homeless people so as to provide revenue to a very well connected nursing home operator. Of course no one was prosecuted! His sheltered care facilities *****.
A naïve answer is LET US ENFORCE THE LAWS OF THE STATE OF ILLINOIS AND THE UNITED STATES OF AMERICA without exception, equally and to the letter. Let us start with the ‘cover up’ that makes the situation so onerous. First; The Tax man should civilly visit Jerome Larkin and his fellow co-conspirators at the Attorney Registration and Disciplinary Commission and collect the taxes, interest and penalties that they owe because of their 18 USCA 371 assistance to the elder cleansing. They have joint and several liabilities. Once the ‘cover’ is removed, the crooked Judges and lawyers are easy game. Removing their license to practice law and prosecution for their fiduciary theft not only is revenue generating but it leaves naked the sheltered care operators who now will have to deal with the agencies that are overpaid to supervise nursing homes and other facilities so that the elderly and safe and secure while residents thereof.
Democracy is not a spectator sport nor can citizens ignore their personal responsibilities and be safe. In recent weeks we have watch a prospective presidential candidate ‘game’ the system and be exposed by no less a personage as the Direct of the FBI as lying to Congress, and committing felonies openly and notorious = and escape prosecution in what can only be called a ‘fix’ at the highest levels of American Government. Worse yet, the calls for this miscreant candidate to withdraw from the quest for the Democratic nomination for president to be slim and none. How as a practical matter can a democracy remain a democracy when even the people wiring the process to prevent the candidate from having to face criminal charges have to admit she has no moral compass!
Being practical what chance have we, the great unwashed to deprive corrupt judges, corrupt lawyers, corrupt judicial officials, and corrupt public officials of the very lucrative booty from elder cleansing? John Kass of the Chicago Tribune pointed out that it took a wad of cash ($50,000) paid to the Democratic Committeeman to become a judge in Cook county, Illinois (now reported to be $150,000) – ****** (you fill in the blanks)
 The last three months of mother’s life were hard, but typical. In early summer mother wanted to go to her summer home in Northern Michigan. This was arranged and through one of the social agencies I obtained a ‘caretaker’ ‘companion.’ A lady by the name of “Goodbody” She spoke in such a manner that you could see the birds being talked out of the trees. She was well named and a person who at first sight you fell in love with. (she may have been mother’s age).
I got the two women to Oden, Michigan along with a vehicle with little problem and settled them in for the summer, I thought. As I was about to pat myself on the back for a job well done, Mrs. Goodbody informed me that the State of Florida had suspended her driver’s license. I now had two elderly women in a house in a small town that had no shopping and essentially total isolation. Both were helpless and once the initial supplies ran out they would have nothing.
Mrs. Goodbody informed me that she did know how to drive and was a safe driver, but she had neglected to pay some tickets and the State of Florida had suspended her license. I then took her into Petoskey, we went into Motor Vehicles and I told my story of woe to the supervisor of the office. To my surprise he said: “no problem” if one of you can pass the Michigan Motor Vehicle test I will issue Ms. Goodbody a temporary license. He agreed that I would take the test. I did and passed. She got a license.
A week thereafter mother was hospitalized as she was having breathing problems. I flew up to Michigan, when to the hospital and saw my mother gasping for breath as she lay in her bed. The Florida doctor has forbidden the administration of Oxygen as he did not want to augment the cancer. I talked to Dr. Burns who ran the hospital and was frustrated beyond belief. Finally, I could stand it no more and informed the medical staff that unless my mother was made comfortable now (and give 02) I was going to sue everyone in sight. Within about a minute 02 was administered and the labored breath ceased. The conflagration however did not end until I made it clear to the doctor in Florida that I could care less about the cancer – I want my mother comfortable. A much politer demand was made by my brother. Several months’ later mother died of the cancer just before the metastatic effects caused her to suffer.
IMPORTANT NOTICE; Cancer is easily cured with Vitamin C (lyposomal or Lypospheric form only) and H2O2 therapy if in critical condition. You will note that when oxygenated, Mother got better. The doc is and was a liar. If you have cancer, heart disease or dementia, you want to take vitamins B, lyposomal C, D3 (get tested), probiotics and MSM sulfur. For acute cases, add in food grade H2O2 therapy (get details and supplies on ebay). My mother had multiple myeloma, grade 3B, and I put her on supplements and H2O2 therapy and she lasted another 4 years and only passed when she stopped taking the supplements. Go to cancertutor.com for even more advice. Eating low carb, low sugar is also crucial. That’s why Gatoraide is so harmful–too much sugar and this feeds cancer cells. Stop it with the table salt, and only use Himalayan sea salt, aluminum free. NaCl or common table salt may raise your blood pressure because NaCl or table salt is too crystalline in structure and scrapes the insides of your arteries so the body packs on cholesterol in an attempt to fix the damage. Vitamin C cures high blood pressure and heart disease by making veins and arteries very strong and healthy. If your electroytes are out of balance, use sea salt in tomato juice, like a virgin bloody mary.
You must research carefully everything your doctor says on the internet. Demand clinical studies for each drug that is prescribed. Google the name of the prescription and the phrase “harm from” or “deaths from.” Be smart and stay safe. Modern docs do whatever mega pharma tells them and most no longer do their own medical research.