What to know BEFORE you step into Probate court–Rules for attys and non attys alike

Dear Readers;

After all that has happened, after all of my 350+ posts warning everyone–esp. miscreant lawyers to DO THE RIGHT THING IN PROBATE and don’t act without jurisdiction, do not isolate the senior, do not allow a guardian to continue on who isolates the senior, listen to and invite family reports on the behavior of the guardian, I am still getting reports of cases where 1) seniors are thrown against their will into nursing homes and being (illegally) drugged; 2) the court is telling “interested parties” to shut up in court–even attorneys–who are trying to report that the proposed temporary guardian is an abuser and is specifically excluded from prior written directive of the ward to ever act as guardian; 3) closed court proceedings without rhyme or reason on the transcript and all sorts of other shennagins.

Rule No. 1.  Most important. Before you step into Probate Court know the Probate Act regarding disabled adults.  Read it thoroughly.  Know who and “interested party” is, who needs to be served.  Find all the adult siblings, children and parents, or if none, then next of kin.  Know who holds the POA for a senior.  If there is no POA, the relatives should get together and elect the most honest, trustworthy caring person as guardian who will carry out any advance directives.

Rule No. 2 Bring your own court reporter.  There are dozens of fully electronic, licensed court reporters who are unbiased, unbribable and will deliver you a transcript by the end of the week in any e-format you desire, fully searchable for about the same cost as the court’s “official reporter”.   Be forewarned the “official reporters” from the Daley Center often lose, alter, stop reporting, etc. transcripts.  I have dozens of stories of this, one for me for sure, so don’t go there.  Hire an outside court reporter.  If nothing else, it puts a chill on nonsense in the courtroom, even if she never records a single word–you need to know that just by her being there she has done a great job to get you a fair and just agreed order that day and her sitting fee of $125 can save you millions of an entire estate in the end.  Don’t skimp on this step.

Rule No. 3.  Be prepared to argue the constitution and against closed proceedings and doctor’s reports.  Be aware that Dr. Rabin and Dr. Amdur and other “recommended docs from the court list”  declare everyone incompetent.  Get your own work up write up whatever.  Don’t let the senior be drugged with strong psychotropic drugs.  It’s illegal and none are approved by the FDA for those over age 60 (or teenagers).  Threaten to report the doc if you must, but there is a legal procedure for giving a person psychotropic drugs that must be strictly followed (In Re Tiffany). Be sure to read this case and follow the mandate re psychotropic drugs if you are GAL or PG and doing this.

Rule No. 4 Expect anything in Probate, from closed proceedings, to having a case with a large estate being called last after everyone is gone so the judge can arrange a slew of “friends” to ensure the senior is declared disabled, that a $500 to $600 per hour atty is involved, that you, even as an “interested party” will not be allowed to speak about something important including abuse, isolation and drugging,  etc.

Rule No. 5 If a guardian has been appointed, make sure there is a summons, petition, affidavit of service and Sodini notices to the adult siblings, children and parents of the disabled 14 days in advance of the hearing, notifying the interested parties of the time, date and place of hearing.

Rule 5.  If you weren’t allowed to speak in court, file a “Bystander’s Report” together with a “Report to the Court and GAL” detailing your knowledge of who is an abuser and who should not become guardian.  Detail what you know about the Ward’s written advance directives and demand the court follow that, as provided for by the Probate Act.  Do not let abusers become guardians.

All of this is based upon my story from yesterday.  After 350+ posts on this blog, which I know the GAL’s read, the judges read, etc.  IT IS STILL HAPPENING

From an atty yesterday, one of my favorite court rooms: 1) closed proceedings without notice or reason; 2) the POA holder’s atty was told to “shut up” and not speak; 3) the case involved a lot of money (est. $10 million in property plus a mansion).  4) the ward was put in a nursing home by an out of state son for having a messy, cluttered home (anyone hear of a cleaning lady); 5) the ward is being drugged and is acting like a zombie; 5) she has been put in a nursing home against her will (this is a continuing theme in these cases); 6) she has stated in writing her abusive son is not to be made guardian, but the court did just that yesterday; 7) the court tied in doc said she is “incompetent” after a 5 minute conversation where at the start he told her 5 important words, and then at the end of the conversation she could not recall all of them, so she is incompetent; 8) proceedings were closed where the judge would only talk to the “tied in” attys and GAL and abusive son.

Don’t be shocked in Probate.  Never be shocked.  Be prepared to argue, present and preserve what happens.  Bring a court reporter.  Demand everything be on the record.  No closed proceedings, no closed doors.  If the GAL’s come from the “judge’s area” which was prohibited by court order after Greylord–report them to the ARDC.

Corruption in probate has to stop, and this starts with concerns by everyone.  Let the court know via a Bystander’s Report and Report to the Court and GAL.  Let the ARDC and JIB (Judicial Inquiry Board) know via a written complaint.  If there is a theft, conversion, embezzlement–put it in your Report to the Court AND report it to the authorities–the local police, the State’s atty, the FBI and don’t stop complaining until there is a thorough, complete and honest investigation.

If the court won’t let you speak, contact me and I’ll publish what you have to say on this blog.  The disabled have rights also, and the public needs to know and be forewarned.  If you don’t get justice in court, I will give you a forum to demand justice via this blog.

Some have asked me when the blog will stop.  I always respond, when the corruption has ended and I get no further reports of it.

So far, no such luck.

Joanne

Another Letter ignoring the US Constitution from the ARDC and our response

Dear Readers;

While I think you all know that in the US we have the right to association, the right to have people draft up letters and emails for us, and the right to associate with them, the control freak attitude of the ARDC does not acknowledge those rights.

For those of you that forgot your US history, it was commonplace in the colonies for the British to sue people, throw them in prison, take away rights and liberties–all without due process of law.  They would also impose gag orders and orders against associating with rebels who would organize citizen protests.

All of that was simply disposed of with the drafting and implementation of the US Constitution in 1790 and more recently enforced by the Illinois Consitution.

Apparently the ARDC has not read these plainly worded doucments.  See the incredulous letter I recently received and my/our response to it.  Yes, I still talk with, email and associate with KDD even though the ARDC wrongfully disqualified him as my counsel.  I can do this because the US Constitution says that I can.

Note how our Constitutional rights, when understood protect our basic human and civil rights.  These are not mere writings on an ancient piece of paper but they serve us well even today — and even against such august and venerable attorneys that spend their work hours at the ARDC.

Once again, KDD and I are calling for honest, ethical and complete investigations of the Sykes, Gore, Tyler, Bedin, Wyman, Spera cases and that charges by the ARDC brought against us only to protect the honeypot of Probate be dropped.

Letter from the ARDC Mar 17, 2013

My/our Response to Mar 20, 2013 Letter

see the letters below also.

JoAnne

(I apologize if the OCR isn’t perfect, but the ARDC rejects modern emails for some reason)

ATTORNEY REG ISTRATION AND DISCIPLINARY COMMISSION
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JoAnne Marie Denison
Denison & Associates
1512 N. Fremont Street, Suite 202
Chicago, Illinois 60642
Dear Ms. Denison:
SUPREME COURT OF ILLINOIS
http://www.iardc.org
Chicago
March 20, 2013
Re: JoAnne Marie Denison
Commission No. 20 13PROOOO I
🙂 161 \X’est IX·ilite Oaks Drive, Suite :)01
SprinKlieid. IL 62704
(2 17) 546· .)52) (800) 252· 8048
Fax (2 17) 546·)785
As you are aware, on February 22,2013, the Chair entered an order disqualifying Mr. Ditkowsky from representing you in the above-captioned manner. Pursuant to the Chair’s order, Mr. Ditkowsky is not currently authorized to act as your attorney in Commission No. 2013 PROOOO I. I note this in this letter because we have received correspondence from Mr. Ditkowsky related to this matter since February 22, 2013, and you have sent us e-mails which have included Mr. Ditkowsky. As Ms. Haspel advised you in her letter of February 5, 2013, we have not consented to service of pleadings via e-mail. Similarly, we have not consented to correspondence via e-mail and will not respond
to e-mail cOITespondence. Please send any and all correspondence related to Commission No. 2013PROOOOI to my attention at the address listed above or via facsimile to (312) 565-2320. 1 will make every eff0l1 to promptly reply to correspondence related to the matter at hand. However, please be advised that no response will be f0l1hcoming as to questions unrelated to Commission No. 20 13PROOOO I.
On February 26, 2013 , you wrote in an e-mail that “1 have some questions about the case and I was wondering if you all might have some time to answer my questions.” You subsequently wrote, “I was w0Doering when you will he sble to ?nswer I’1″)Y priol’ ern2 😉 feg?rdiof’ ;J. time to talk and answer questions regarding my case[ … ]” and, “I’m also looking forward to a little chat about this case with you ladies
soon, so Jet me know when we can do a little coffee or tea talk.” On March 4, 2013, at approximately 1:56 p.m., I placed a call to the telephone number listed as your registered business number, (312) 553-1300, and left a voicemail message inviting you to contact me regarding Commission No. 2013 PROOOO ITo date; I have not received a return call from you . On February 28, 2013 , you asked whether the Commission requires your compliance with the Illinois Rules of Civil Procedure in any fiied pleadings. Please note that I cannot provide you with any legal advice related to this matter. You may wish to review the Commission Rules and Illinois Code of Civil Procedure to insure your pleadings comply with the Rules. AI1icie IV of the Rules of the Attorney Registration and Disciplinary Commission outlines the Commission rules related to the matter before the
Hearing Board. You may also wish to review Commission Rule 251 (a) which relates to discovery and states, in part, “Except as provided herein, discovery practice shall be in accordance with the Code of Civil Procedure and the Rules of the Supreme Court.” Pleadings filed in attorney disciplinary proceedings must comply with Commission rules as well as the Illinois Rules of Civil Procedure.
Finally, please be advised that any request for investigation of an attorney should be
made, in writing, by mailing the request to either the Chicago or Springfield office of the ARDC.
The Commission does not accept requests for investigations submitted via e-mail. Please consult the Commission’s website: http://www.iardc.org for instructions on how to submit a request for investigation. Please note that requests for an investigation of an attorney should not be sent directly to my, or Ms. Haspel ‘ s, attention.
Thank you for your anticipated cooperation.
SDO:dnm

Very truly yours,

Sharon D. Opryszek
Litigation Counsel

I apologize for the poor formatting, but if SO wants to email me correct formatting, I will update this post.

Now for my reponse:

FAX TRANSMITTAL SHEET
To: Atty Sharon Opryszek;
Atty Jerome Larkin, Director; Atty Jessica Haspel, ARDC,
Fax No. 312-565-2320    From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison, Pat.      Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
1512 N Fremont St, #202    CELL PH 773-255-7608
CHICAGO, IL 60642    PHONE 312-553-1300
JoAnne@DenisonLaw.com  or WWW.DenisonLaw.COM
Federal Patents, Trademarks & Copyrights
Yusuf Naqvi, of counsel
Important Notice
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address.  You will be reimbursed.  Your cooperation is immensely appreciated.
For transmission problems, please call 312-335-1300
A confirmation copy       WILL   ✔   will NOT be sent.
Pages in fax, including this coversheet – ( 9  )
March 22, 2013

Re:    Complaints against KDD and myself, and the Sykes, Gore, Tyler and Wyman Complaints

Dear Attys Larkin, Opryczek and Haspel;

This is in response to your recent letter I received in the snail mail late yesterday.

Let me set the record straight for you.    As a citizen I have the right to the attorney of my choice.    Because of your ethically challenged and the improper actions initiated by you, Ken and I have been wrongfully forced to petition the Supreme Court of Illinois for a supervisory order.     Mr. Ditkowsky is my attorney and my friend and confidant in relation to the matter before the Supreme Court of Illinois.  If I want to call him, email him, visit with him, have lunch with him–that is my right and his right also.  It’s in the US constitution, if you have not read it recently, it was a fine document carefully drafted to alleviate the long sufferings of people under the highly oppressive monarchy of England.  These drafters knew their oppressors and how they rip apart society causing great harm and suffering to a land of people without rights.  We no longer have court in the US that are secret courts, secret off with your head courts, gag orders preventing us from disclosing certain topics, restraining orders preventing our association with other honest citizens to fight an oppressive government in a civilized orderly manner.  Because if we do not have those rights, society otherwise deteriorates into civil war and lawlessness.

Telling me that I adopt KDD’s writings, that I include him in correspondence and my cc’s and insisting that I not associate with him smacks of over reaching and restraints not imposed by our venerable US and Illinois constitutions.  It’s bullying, pure and simple.

Even if KDD is disqualified, all that means is that he cannot appear in court and speak for me (he can be my friend in the galley and watch), he can in fact write for me, but I have to sign the pleading when filed and review it.  He cannot speak to you on my behalf.  But if I adopt and approve of his writings, I can then send them to you.  The reality of the situation is, he does more to help the ARDC understand and appreciate the law than any of you and the other ARDC attorneys combined.

This morning Mr. Ditkowsky drafted and sent to the ARDC a Himmel complaint in which you all are the attorneys who are referred to for discipline.    The reason that you all are involved is the fact that pursuant to Rule 137 prior to bringing the disciplinary action against me the attorney for the ARDC was  required to do some kind of investigation.    It is has been called to your attention that the Probate Division had no jurisdiction in the Sykes and therefore the assertions made against me were totally meritless.    The statement that I made any untrue averment was totally false and a direct violation of Rule 137 and a demonstration of your ethically challenged behavior.     Indeed, if you had done a scintilla of due diligence you would have discovered that 1) you are intentionally violating not only my First Amendment Rights, but 2) my fifth, sixth and 14th Amendment Rights as well.  The Federal Constitution plainly and directly prohibits the action that you are prosecuting.

All that aside, even if the ARDC has jurisdiction the averments made against me are not sustainable and without merit and you either know or should know that fact.   Ergo, this morning Mr. Ditkowsky filed a Himmel complaint against you all and forwarded to the Administrator a disk that reproduced by scanning  the first four volumes of the Sykes common law record.     The record clearly demonstrates that the Supreme Court and Legislative jurisdictional  mandate are being continuously ignored by you.      I respect you, and therefore I am sending you the FRCP 11 ‘safe harbor’ letter demanding that you immediately dismiss the meritless proceedings filed against me.     (Mr. Ditkowsky is not so generous – he is requesting that the United States of America investigate and prosecute those persons who have violated my civil rights, Mary Sykes’ civil rights, Gloria Sykes’ civil rights and the Civil Rights of all persons similarly situated–including Josephine DePietro and Yolanda and Kathie Bakken who are continuously and vigorously being isolated from a family member they held dear and visited frequently and called on a near daily basis).

Please be advised that the fact that you are an attorney employed by the State of Illinois as part of the ARDC staff does not insulate you from your responsibilities as a lawyer and as an officer of the court.   The pending petition is not privileged as you and the Administrator are both aware that there was no delegation under American law to you or the ARDC to regulate my First Amendment Rights.    Indeed in the New York Times vs. Sullivan case the specific prohibition is clearly stated.     In the recent Alvarez and Brown cases the prohibition is reiterated and in Hunter  the Virginia Supreme Court explains very clearly that ‘content’ based speech is protected.     Let me make it very clear – this is not a ‘game’ and the stakes are very high.    Mary Sykes has had her Constitutional Rights, civil rights, property rights and human rights taken from her by the Attorneys who have promulgated these complaints against me that the ARDC is pursing.   The attempt to silence me is certainly not authorized by any delegation to the ARDC and clearly a violation of 42 USCA § 1983.    I call upon you as an alleged ethical and honest  attorney to comply with your oath taken when you were sworn in as an attorney and your responsibilities inherent to your role as an attorney and DO THE RIGHT THING.  Dismiss the ARDC actions against KDD and myself and conduct a complete, thorough and honest investigation of all miscreants involved in jurisdictionless proceedings in Probate–Sykes, Wyman, Taylor, Gore.  Conduct a thorough investigation as to why Atty Sharon Rudy swiped $150,000 from join accounts held in the names of both Dominick Spera and his mother, leaving Dominic on the streets for over a year–sleeping in the park and on the streets of Rockford, eating out of trash cans, all the while SRR swiped $150,000 with impunity and unnoticed out of joint accounts by the GAL Peter Savitsky or Judge Fabiano.  How does this happen in the US?  A relatively well off gentleman is rendered homeless and penniless by the Rockford Probate Court system.  I just pointed this out to Atty SRR and got him $5,000 “until next month” when she has all the facts and records. Disgusting.

You challenge myself and KDD with lying, yet all I have found in the Probate system when people complain via my blog is just what is stated, uninvestigated garden variety theft, embezzlement, conversion, (elder financial exploitation) isolation (elder abuse), lack of jurisdiction–all attorneys acting badly and judges acting badly and corruption.  A clear deviation from the laws, cases, thoughts and opinions that is in any sense of the concept of justice.

The Probate system is so utterly devoid of justice in some cases, I have people “secretly” calling me with verified inventories in the hundred of thousands, homes sold, forced nursing home placements, they escape and live in boarding and rooming houses, hiding from the Probate court.  They call me and engage in complicated, lucid thoughts clearly establishing competency.  They talk of stories of court sanctioned murder plots.  Of course, I would never believe them EXCEPT FOR THE FACT, I have found instances of court sanctioned murder.  Forced nursing home placements, slapping DNR’s and holding people down to inject them with strong psychotropic drugs so they start and dehydrate, plus the sales of expensive homes–all to go to probate atty and tied in servicing fees.

You might think you can shut these people up and their relatives, but you cannot.  There is the internet and they post not just on my blog but a myriad of other long established blogs.  I bring no disrepute to the legal profession with my blog because all of the miscreants I have mentioned have been long and well established as “miscreants” on other probate blog sites. The difference is, I can help explain court procedures and methods to people who really need this advice and cannot afford it.

I hope you will consider all of this seriously and get some relief for these probate victims.

Quit you job and work for me.  You will not have money or insurance, but you will have ethics and a great sense of self esteem.  Saving the world is the highest calling anyone can undertake.

Working at the ARDC and being told to prosecute and persecute honest attorneys is no way to live.  It only ends in abject misery.

Sincerely

JoAnne Denison

JoAnne Denison

cc: I will also deliver to you soon paper copies of everything because you insist on killing trees and putting as large a footprint as you can on the environment.  However, please be aware, if I email or fax you THAT IS ONLY CC SERVICE to ensure you get the papers I mail or deliver.  IT IS NOT THE ACTUAL SERVICE.

I will continue to deliver/mail service you with cc’s via fax and email.

So please do not write me and tell me I am serving you by email/fax.  That is only your cc.  You WILL get everything on paper and just let me know if you don’t get it and I will resend over more paper.