Since I was forced to retire I have had a chance to try to slow my world and take a good look at it. Yesterday on MaryGSykes blog a Texas Lawyer’s piece concerning an honest judge is revealed. No, JoAnne has not mellowed! Every jurisdiction has many honest judges and wonderful people who make our communities terrific places to live. The Jerome Larkins and their ilk are an annoying minority who rise up from the cesspool from time to time to be an annoyance. Even in an era when the polls suggest that 2/3s of us do not believe that either candidate for president is trustworthy or honest our world is still a wonderful place to live and work. Indeed, every day I send e-mails to some of the nicest people in our world who not only care for the elderly and the disabled, but care for each other.
When we received an e-mail from a citizen that read in part:
“Last night I had many flash-backs during my sleep — of being isolated, force-drugged, spoken to and about like I was a non-person, feeling again insecure even when in my own home [is it mine, do I have legal rights to my own property, I do not, I not even my Legal Right to vote but I did receive a Jury Notice this morning] it just goes on [the veiled and not so veiled threats by those non-family predators] and on it goes, all of this — and recovering from another UTI infection, again, due to being hospital-forced to take IV antibiotics for 52 Days & Nights [while being denied ample drinking water] <http://www.drdeborahmd.com/solutions-urinary-tract-infections>, <http://safepatientproject.org/posts/5609-a-cautionary-tale-dangers-of-antibiotic-overuse> — along with the electronic mails that continued on and on late into the night last night and well past my normal bed-time, and this morning, still being reluctant to continue opening them all — leaves me feeling rather re-victimized at this exact point-in-time.”
Most, if not all, of the people on this e-mail chain had a first thought: “how can I help!” In fact, the Justice Department, the FBI, and other law enforcement agencies received a few minutes later a DEMAND for an HONEST INVESTIGATION!
We as a group understand that we have a responsibility to ourselves and our families to make a concerted effort to protect America’s core values. In spite of the perfidy, assaults on the human rights, constitutional rights and infamy of corrupt judges, corrupt lawyers, corrupt political people ***** we are carrying on the fight to end ‘elder cleansing. We are serving the core values of America. When we stand with the elderly and their families who are being euthanized by the corrupt nursing home operators and their political and judicial co-conspirators we fulfill our duties as citizens. No amount of intimidation by the Political and the Judicial elite can cease our call to Honest Law enforcement for a comprehensive and vigorous Investigation into the criminal behavior of all those miscreants who are engaged in a War against the elderly and the disabled!
When each of you who have joined in the effort to protect the Constitution of the United States from those who seek to destroy its meaning and efficacy looks up they will see someone that they like! Our goal is to, within the law, bring each elder cleanser to the Bar of Justice. The spectacle in the Circuit Court of Cook County of a sitting judge, conspiring with an ethically challenged lawyer, infamous nursing home operator ****** to harvest the gold filing from a 90-year-old widowed grandmother haunts every decent human being. The avarice and inhumanity exhibited taint Cook County, Illinois (Chicago) and leave a stench than cannot be sanitized. The failure of the legal profession and the 2nd oldest profession to stand up as one and demand CRIMINAL PROSECUTIONs is beyond reprehensible. It tars irrevocably every Judge and every lawyer in Cook County, Illinois who does not demand JUSTICE!
Indeed – we are demanding JUSTICE for all including the miscreants who would take from us our humanity. We may not get much recognition – but, justice is its own reward.
All that said – we need right now an HONEST INVESTIGATION of the elder cleansing scandal and vigorous prosecution of all the criminals involved in ‘elder cleansing’ including those, such as Jerome Larkin, who maintain the cover-up that protects the corrupt judges, lawyers, guardians *****. IT IS NOW TIME!
Lawyers in particular have a responsibility to stand up be counted. Sometimes standing up and being counted has some adverse personal consequences. I understood when I took the oath to be a lawyer that I was going to make a few enemies and some would have ethical deficiencies. I knew I would not be alone and am grateful to the many who have stood by me – and stood up for the core values of America. The Jerome Larkins of this world no matter how much clout they have or how many of the political and judicial elite assist him in his 18 USCA 371 conspiracy still has to face his conscience and ultimately his maker. Every night I pray in thanksgiving that I am not him!
Tag Archives: probate abuse
From Ken Ditkowsky–A system with many working parts, working to commit fraud on the public and the disabled and Elderly
- Political. Key to the operation of the fraud is an alliance between Establishment political people, judicial people, and the multi-levels of the fraud. Each locality appears to have a similar structure and very strong tie ins to the dominate political party.
- Judicial. Keeping the facilities occupied and generating money requires tie-ins with corrupt judges and judicial elite. Here in Illinois we saw how Jerome Larkin and the IARDC react to the call from ‘on high’ Cynthia Farenga saw a post in PROBATE SHARKS calling for an HONEST INVESTIGATION and the miscreants prostituted themselves to attempt to stop the call. Adam Stern’s job was to call the offending lawyer not part of the scheme and threaten him (myself) with disbarrment. Judge Connor’s part was to keep the Mary Sykes case wired (she said in a deposition if there were any “problems” with the case, she would dismiss it, start over, and come to the same conclusions and issue the same orders). Her role was also to make sure Mary went to a “go-to doctor” to fill out a CCP211 declaration of incompetency. When she was told the Mary’s personal physician would not sign one, she replied, “find a doctor that will.” The presiding judges closed their eyes and signed whatever orders were necessary to enhance the wealth of the program. In the Gore case – no depravity was too low for the judge – even an expedition into the mouth of the elderly ward to get a few grains of gold was acceptable conduct and 29 gold teeth from a 99 year old woman were pulled and a feeding tube inserted against her will because she ate too slowly. Indeed, the collection of gold from grandmother’s mouth according to Jerome Larkin and his 18 USCA 371 co-conspirators was in the best traditions of the Illinois Bar.
- Structural. The subversion of professionals is old hat and as old as the hills. Pass a dollar bill under the nose of some professionals and you own his/her for life. The miscreants are too clever and they no longer need to use dollars – nursing home beds, opportunity to rob an estate, opportunity to be a guardian of an estate and steal, and a horde of sundry payments, mortgages, vacations, opportunities etc
A sheltered care facility has numerous operations. The facility, for instance purchases pharmaceuticals. This – Esformes created TOTAL CARE which just happens to have a monopoly on all the facilities drug purchases.
Each operation works essentially the same way, including management, nursing care, linen supply, real estate management, Utilities, professional operations, *****. Even the billing is outsourced to a related entity which is independently controlled by Esformes Or some other mogul. These operations even have independent offices and in many of the situations the CEO or person designated to go to jail is a total stranger to the group. An O’Reilly being the CEO of an Esformes- Enron style corporation is not an anomoly.
The indictment of Philip Esformes found at www.justice.gove/opa/file87o8306/download will give you an idea of what the government investigation has uncovered to date.
I ran across an early version of this scenario in the BURT MORGAN CASE.
My declaration to the Illinois Supreme Court regarding my Law License Suspension
It hurts only the indigent and middle class, which apparently they do not care about.
Our court system now supports an oligarchy and big business. Campaign funds to judges are big business and apparently at the top of their list for influence and advice.
Please download and fill out the attached if you want something better, like TRUTH and JUSTICE in our court system, for a change.
BEFORE THE ILLINOIS SUPREME COURT
FROM THE ILLINOIS ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION
JOANNE MARIE DENISON
Reg. No. 6192441
Appeal case No. MR 27193 from
ARDC Action No. 2013 PR 0001
DECLARATION TO ILLINOIS SUPREME COURT
TO ALLOW JOANNE DENISON TO
REPRESENT HER PRO BONO/LOW COST CLIENTS
The undersigned doth deposes and saith:
1. My name is Joanne Denison and my work address is 5940 W Touhy Ave, #120, Niles, IL 60714, and this is in regard to the ARDC’s current nefarious mission to take away my law license for merely running a blog that tells the truth about the fraud on the court and the lack of respect for the US and State Constitutions and the Illinois Probate Act in and without the Illinois Probate System.
2. I believe it is wrong to go after someone who exposes only the truth. I believe my blog, now with 80,000 views is extremely helpful to Probate Victims and their families. The blog represents nothing but the Truth, and anyone who desires can post comments contrary to any fact or opinion stated therein. There are nearly no corrections on the blog which have been submitted after thousands of post, and those were posted right away. I believe there were only two corrections and they were very minor.
3. I further believe it was a scandalous and shameful affair to go after Mr. Kenneth Ditkowsky and Mr. Lanre Amu on a witch hunt with kangaroo courts to suspend them for merely telling the truth about what every other attorney and litigant knows about the Daley Center court system–a court system that has the likes of Rosemary Roti (daughter of Frank Roti, a known New York mobster) as a court scheduler under Presiding Judge Timothy Evans and his two daughters who make $100,000 each as court schedulers. In addition, Atty Lisa Madigan has not disclosed her true identity to the public, that she is the daughter of Joel Murray and her real name is Lisa Murray and that Joel Murray was a criminal defense attorney from New York representing major drug distributors in New York and then he bought, maintained and operated Simmons Air (later American Eagle) and quit practicing law.
4. I believe the public is not stupid and would not stand for any of this, if they only knew the truth, but now only the Blogs publish The Truth and mainstream media Protects those who should not be protected. The ARDC only protects those who should not be protected.
5. I have made a list of all the pro bono and indigent and lower middle class clients that I have helped since Nov. 2011 when the Blog began, and I can barely keep track of them all. The phone calls and emails are endless with the problems and troubles in probate. I have no idea how many, probably over 200 persons I have listen to and helped over these past several years.
6. I am now suspended. Dozens of clients, the vast majority of which are indigent and lower middle class have been now been left without counsel and I believe and demand that indigent and lower middle class clients should have representation in Probate–or wherever blatant corruption and gross violations of human and civil rights may be found in and out of the Illinois Probate Court system. The numbers are endless and staggering. Honest attorneys are threatened all the time in Probate that if they get involved, if they investigate, if they help the innocent, they will be disbarred. The attorney miscreants and judges wheeling and dealing in probate are open and brazen regarding the harm and terror they inflict upon the innocent families and loved ones of Probate and court corruption victims. The System is completely out of control and the Public is demanding something better.
7. I am petitioning the Illinois Supreme Court to allow me to represent lower income and indigent clients because their cases are important too.
8. I personally don’t care how much money I do or do not make. The Truth and seeking Justice is far more important to me than that. Mr. Ditkowsky and Mr. Amu and myself are the real thing, protecting the indigent and lower middle class who have had gross violations of human and civil rights and liberties taken away from them.
9. The ARDC is not given any permission to post any of my creative writings, including this declaration. They cannot be trusted to uphold Truth and Justice any longer.
10. Jerome Larkin, Melissa Smart, Sharon Opryszek, Steven Splitt and Leah Black Guiterrez should be ashamed for what they do. Jerome Larkin’s job as Administrator or Chief of the ARDC is not to protect the embarrassing secrets of judges and attorneys acting badly. They were all sworn to uphold the US and Illinois Constitutions, human and civil rights and liberties–which they do not do, despite dozens of valid consumer complaints filed with their State Agency. They do not file Ethics Reports as mandated by the Illinois Ethics Act of 2009. They are not ashamed they do not do this. Mr. Steven Splitt, in particular, is suspect as a Professor of Ethics at John Marshall Law School. I want to know how he can hold his head up and say he prosecutes innocent, honest attorneys before his class at that school. His behavior is utterly contemptuous.
11. I am further demanding that each of Jerome Larkin, Melissa Smart, Sharon Oprysek and Steven Splitt: 1) take polygraphs that they know I am telling the truth and the Tribunal assigned in each of the Ditkowsky and Amu cases and my case were kangaroo courts set up as a witch hunt; 2) take psychological MRI’s to show that they are not heartless and soulless psychopaths that have no regard for the pain and suffering that they carelessly and wantonly inflict upon others. (Please note that I, Mr. Ditkowsky and Mr. Amu are willing to do likewise, but you already know the results). I want the results published, online and at http://www.iardc.org.
12. Believe me, out of all of this, there will be a time where attorneys will have to take psychological MRI’s to show they are not heartless and soulless psychopaths before they take the Oath of Office. We have seen the results of allowing such individuals to become lawyers and judges and it is not pretty.
Further declarant saith not.
I hereby declare that the above statements are true and accurate to the best of my knowledge; if called to testify, I would testify as to the same.
April 30, 2015
Civil RICO–From the Congressional Records–RICO for probate actions, it is possible?
AN EXAMINATION OF THE DEPARTMENT OF JUSTICE’S POSITION ON CIVIL RICO REFORM, 133 Cong Rec H 9050, 133 Cong Rec H 9050
Department of Justice Report on Elder Absue and Exploitation
From Nancy Vallone, an important document to read. It’s quite sad because it documents widespread elder abuse in the nation, with little action being taken.
Report by US Dept. of Justice concerning Elder Abuse
It’s pretty much an eye opener on the status of the disabled and in particular seniors in the US. With 56% of them owning their own homes, there seems to be a ready post for the nefarious.
After all I have published and after all is said and done, and it appears Probate is a honeypot for the nefarious…
Ms. Janet Phelan comes along with another article which risks making Probate more of a system to the gulag for the elderly than it already is:
I hope someone stops this before it happens, and if it does, I hope a brave lawyer comes forward to stop the sharing of this information before the GAL/probate systems uses it to generate even more guardianships where they were not needed before all of this.
Write your representatives and stop this before it is too late. It is clearly an invasion of privacy. It is a misuse and abuse of governmental authority to send others indicators of dementia and fraility of the elderly to those who might most abuse them. Judges and attys acting badly in our nation’s probate system. We have already enough senior citizens in nursing homes, against their will, that want to go home, while the probate machines burn up their dollars in dangerous and life shortening nursing homes. This “nursing home” machine is a nationwide tragedy. Many other countries would find it shameful to lock away seniors and isolate their elderly –except if they pay $150 per hour or more to get “court supervision” for a single visit.
Thanks Janet for sharing.
Do we have the attention of the SCOI?
One of the biggest hurdles with Appellate work is convincing any particular judge that the trial court or tribunal below, not only failed to do its job, but you have to get their attention.
While one would think that this blog–which reports all sorts of problems, inconsistencies, injustices, and gives the public a platform to present these to the world in an effort to reduce corruption in our Illionis courts–might get someone’s attention at that level, but not because it is me, or I or Ken have scintillating writing along with the likes of Hemmingway, Ayn Rand, Maya Angelou, even Clarence Darrow, or any other famous and wonderful writer, it should be that this blog is about corruption, the ARDC appears to be going after lawyers for merely blogging about corruption and asking law enforcement to intervene.
All of this seems wrong, horribly wrong, on sooo many obvious levels.
So take a look at the document below.
Order Granted Supplementing Record as Filed by Ken Ditkowsky
You will recall that Ken filed a Motion to Supplement the record based upon the Horace Hunter case. I hope this is a good sign that they plan to adopt portions of the very good decision made with respect to Atty Horace Hunter in Virginia–that the First Amendment means either no restrictions on blogging, or the fewest restrictions possible.
I’m not sure that the Record to Supplement being granted will produce, but at least we have the interest of one Justice Burke.
An assault and battery goes unpunished…because it’s part of Probate!
and any amount of justice that is sent to probate seems to just die right there–on the spot!
From: kenneth ditkowsky
Sent: Mar 11, 2013 11:25 AM
Subject: The assault and battery on the younger daughter
From GJS – a harrowing story of one man’s final days and his death….
Of a broken heart.
Thanks for sending this along G****, I really LOVED the story.
here is the link to the full story:
Benjamin Alfano’s Harrowing Probate Story
Synopsis of facts:
Benjamin Alfano lived at Raleigh Hills Assisted Living, where he was frequently visited by his granddaughter. He died in February 2011.
Twenty-seven months ago, Probate Judge Cobb dismissed the pleas of Alfano, his four doctors, four of his five children and Cobb’s own court visitor, and awarded control of the veteran’s life to Chris Farley, a professional guardian.
Alfano, a 72-year-old amputee with full benefits, would survive only another six months.
Farley moved the veteran out of the Raleigh Hills Assisted Living facility he loved and eventually into a locked-door dementia-care unit in Gresham, and strenuously isolated him from his children.
Alfano’s heart burst, literally, in February 2011, and he died at the VA Medical Center.
As Judy Bridges, the Raleigh Hills administrator, submitted in an affidavit, “I believe with all my heart that the move killed him.”
Alfano’s death devastated his five children, four of whom retained Portland attorney Michelle Burrows to initiate a federal civil-rights suit against Farley, Pagnano and individuals at ODVA.
Of the $407,000 parked in the account when Farley was appointed guardian in 2010, only $220,000 remains.
And that includes another $44,000 that Alfano received in pension and Social Security before he died.
Where did all the money go?
ODVA “disbursed” $26,784 to Farley and another $27,643 to her attorney, Sibylle Baer.
Pagnano the GAL received $19,022.
D. Kevin Carlson, the assistant attorney general at ODVA, received $25,143.
J. Kevin Shuba — the lawyer representing Alfano’s four children — received $41,560.
But none of those payouts are as galling as Carlson’s suggestion, on behalf of Attorney General Ellen Rosenblum, that Cobb must hold another $120,000 of the estate in reserve to defend ODVA and Farley against a potential federal suit.
Think about that.
Four of Ben Alfano’s children — Mary, Steven, David and Lisa –believe the conservator and guardian made decisions that contributed to their father’s “wrongful and untimely death.”
And Carlson wants to pit what’s left of their father’s estate against them.
None of those children plans to be in Guardianship court.
“She has never listened to anything we’ve said,” Steven Alfano notes.
“And we’re beaten down. Dad is dead. We lost him. And the health toll this has taken on Mary and me, especially, has been huge.”
They have, however, filed an objection.
Further degrading the estate, they argue, “would be both an injustice and simply ethically wrong in any code of conduct.”
— Steve Duin is an Oregon reporter on this story
***End of Story****
Does this sound familiar? Haunting echoes of the Illinois Probate court?
efiling–one of the MOST pressing problems in state court
From the time I was admitted to the bar way back in 1985, one of the problems I found is that when attorneys made errors or forgot something or no longer wanted something in the file, it would just appear or disappear!
In 2000 all the Federal Courts went to efiling on a system called Pacer. Now, I am certain that’s because efiling is immune to court record tampering and I submit for your amusement the fact that federal court went to efiling first is because that system abhors file tampering, whereas 10 years later in most of Illinois, the system is not efiling, there is no public access to most of the system on line and the court’s filing system in Illinois is a dinosauric, antediluvian tragedy which I have been ticked off about since 2000 when the federal court system went to efiling but the states are lumbering along.
I know this will put a ton of (unskilled, paper shuffling) file clerks out of business in favor of a rarified smaller group of IT specialists, but civilization moves ahead in time with or without you.
Small children know how to operate a cell phone, text, tweet, facebook, myspace, build and operate their own webpages, etc. but our nation’s state court system simply cannot tolerate such forward thinking.
And in case you’re wondering about all those 80 + year attys toddling about federal court, yes, Virgina, they finally let them forego Pacer and walk up to the pro se desk with all the other pro se’ers and file there. I don’t personally have a problem with that. I think if an older attorney files an affidavit that he or she (but that was a time when women could not be attorneys, but I will save that for another post), still thinks a post is something you hitch a horse to, and a tweet is something birds do, and myspace refers to the bathroom or something, by all means I think THEY and only such attorneys should be allowed to still paper file anything.
Getting back to my point, it truly irks me that while Obama has mandated EMRS or electronic medical records by 2014, where is our nation’s court system on this position?
Why is there no hue and cry that court records and files MUST be electronic by that date also.
see the article at:
And before you think that HIPAA is any great shakes, you should know that during a recent case I had taken on briefly, I was shocked to find out that HIPAA has no remedy! That’s right folks. If your doctor, pharmacist or any other health care provider publishes your medical records online to secure payment because you did not pay a bill–nothing to sue over. It’s true. There’s nothing in the statute, and only 3 Illinois cases have looked at this and the Ill. App. Ct. said, hey, there’s no remedy for a HIPAA violation. So next time you’re at your docs and they blame something irksome on HIPAA you can just turn to them and say, so what? There is no remedy and no violation and if you wanted to, you could paper the bathroom walls with any medical record you want and I can’t do anything about it, so don’t blame HIPAA. I believe HIPAA was created so that insurance companies could freely exchange med info to slap unsuspecting insureds with the dreaded “pre existing condition” and lying about your med records to deny or increase your coverage. I guess with Obama, that’s dead, but HIPAA is not and it only allows insurers to freely pass around your medical information DESPITE the fact it was touted as a law to protect the consumer!
Go hug a lawyer today for telling you the truth. The statute was a scam and should be repealed. What a load of junk.
And where was AARP on this issue when they recommended HIPAA? Out selling overprice medicare supp insurance, that’s where they were.
Getting back to efiling, I know that the Rockford court system in Illinois was granted $80 million to implement it and what they have is a horrid sham. Well, except for the fact I have been in Rockford and the Winnebago court system and every person out there can tell horrible stories of being shafted by a corrupt court system.
This has to end. Obama, get in there and give us CLEAN court systems via electronic filing.
I have talked to the dudes at Pacer. They claim they can come in and within a month set up a court filing system on efile from soup to nuts, in about a month and for minimal cost.
What is going on with our court system, that’s what I want to know.
thanks for listening
PS–okay, the cases on HIPAA were a bit of overkill. If your doc plasters his bathroom with your medical reports, or publishes them online, etc., you CAN still sue. The Illinois courts have adopted the tort of “intrusion of seclusion” which came from the common law, and when I say common law, that means some court in England from centuries ago. It’s amazing how the “common law” is better than an expensive, insurance company touted legislation that does nothing whatsoever for consumers except let one insurance company rat on you to another. That stinks.
Letters from KD still calling for an investigation
I supposed since a police officer from the Naperville police dept was called by LB as a witness to “Ken’s misconduct” in calling for an investigation, and Senator Kirk did not testify against him, Richard Durbin or anyone from the Department of Justice in Washington DC, I would assume these letters are proper.
It is only complaints to Attys Cynthia Farenga, Adam Stern and police officers in Naperville that complaints are improper!
See attached and we are all still wondering when anyone out there in criminal justice will take a look at the fact at the following criminal and wrongful misconduct which is created when a probate court clearly operates without jurisdiction in Sykes (conversion, wrongful eviction, false imprisonment, etc.); Tyler, Gore, Bedin, Wyman (conversion, Medicare fraud, false imprisonment, violations of 42 USC 1983, etc.)
It is clearly a mystery to me. I still think both Ken and I have to get jobs at the ARDC and the US Atty’s offices so that someone there will actually DO something about all the bias and corruption in probate court.
From Ken Ditkowsky — a form for requsting an accounting.
From John Wyman – 48 talking points–to the FBI
This is from a letter that John Wyman sent to the FBI. I don’t know when that letter was sent, but so far nothing has become of it.
The letter was sent to the US Dept of Justice attorneys at 219 S. Dearborn St, 5th Floor in Chicago, IL 60604, but so far, nothing has come from this obvious fraud. Do you think I should put in an application to work there? Obviously, whatever attys are there are not doing their job.
Yeah, I think Ken and I need to apply there–tomorrow. I’ll call them for an application and submit a resume.
I think John Howard Wyman did a wonderful job on this and I want to thank him for doing this and being proud to share it with us.
see below and take care all.
PS–please excuse formatting errors and some typos. It was scanned in and OCR’ed, and we all know how those computers are!
UNITED STATES ATTORNEY’S OFFICE
Department of Justice, 219 S. Dearborn, 5th floor, Chicago, IL
Thank you for reviewing the Elder Abuse case involving my mother, Winifred Carol Wyman. Her birthday is 12/26/31. Winifred Carol Wyman’s case number is 2009 P-197 in the 17th Judicial District of Northern Illinois, Winnebago County. I believe mine and my mother’s civil rights have been violated for the last three years.
I will present my case in chronological order to the best of my abilities. I’ve studied intensely Elder Abuse and the law for the last three years.
1) December 2008 – I saw my mother at my father’s, aka Powell Wyman, sister’s house, aka Pam Freeman. She appeared fine at that time except for missing most of her teeth due to neglect by my father.
2) January 3, 2009 – I received a frantic call from my father’s sister, Pam Freeman, that my mother was refusing to go into a nursing home and my youngest brother, aka David Wyman, needed help putting her there. (Physiological Abuse) is threatening elder senior citizens with placement in a facility that they do not want or need. After call to my brother, David Wyman, he assured me he could handle it himself.
3) March 3, 2009 – My father and brother, David, doctor shopped for a licensed clinical social worker, Bruce Person, LCSW. He found no sign of dementia or need for placement in a facility and said my father refused to sit in on the exam and that he was angry and defiant in the reception area when addressed. My father has been both physiologically and physically abusive to his wife and his children as long as I can remember. At some point my mother is prescribed Aricept. My father denied my mother medication saying he can’t afford meds. Denial of medication is another form of Elder Abuse.
4) April 3, 2009 – An incident happened at 1704 Belmont Blvd. Rockford, IL, my parent’s home, where my mother called the police on my father. The police arrived and found my mother alone and confused. My father was nowhere around. When he finally arrived, the police interviewed both my parents and because my mother allegedly threaten to shoot my father (even though there are no guns in the house and she didn’t know how to use one) the police made the decision to take my mother to Swedish American Hospital for a psychiatric hold.
S) April 2009 – In reports, my father admits giving my mother his sleeping pills (Ambien) to control her after she drank with him. A clear violation of Federal Law. My mother has had stomach reduction surgery years ago and cannot drink alcohol at all. Even a small amount will make her drunk and sick. My father knew this at the time.
6) April 12, 2009 – Nine days stay in psychiatric ward – my father had my mother moved
around to different areas of the hospital to keep her away from another brother, aka Bill
Wyman, when he came to see her because Bill didn’t agree with our father’s actions.
Isolating her from other family members is another form of Elder Abuse according to IL state law.
7) April 2009 – Mid April, my mother was moved to the dementia unit at Alden Park
Strathmoor nursing home. I contacted my brother, David, and he states our mother had
her chance to go to assisted living. He said she is where she belongs (Alden Park
Strathmoor/dementia unit) and hung the phone up on me. I contacted my father and his first question was do you have any girlfriends in Rockford. I can’t get it up anymore, I’m lonely and I need someone to cook and clean for me. I replied that is what you had a wife for!)
8) April 2009 – My father isolated my mother by restricting all outside communication which included the use of the phone to call family members. Abuse again.
9) May 9, 2009 -I, aka John Howard Wyman, fly to Rockford to assess the situation myself. I arrived with my brother Bill at noon at Alden Park Strathmoor nursing home to visit our mother. My brother Bill has been put on the “no call no see list” with other family members by our father. Even though medicated, our mother looks and acts fine – not at all like the other patients.
10) May 9,2009 – Our father appears looking surprised to see me. After a casual conversation, I asked him if we could take mom out to celebrate Mother’s Day and my birthday also inviting him to join the family. The answer was “no” because she is not allowed to leave the home.
I go to the front desk to ask if the home does anything special for families on Mother’s Day. The receptionist states they couldn’t handle the volume of people but we could sign her out for the day. My father is standing behind me listening. As I turn to talk to him, He walks away. I then ask the receptionist who has Power of Attorney (POA). She just points in my father’s direction. My father turns around, comes back to the desk, and agrees to go to Mother’s Day brunch then leaves.
11) May 10, 2009 – The family (me, Bill and his children) shows up at nursing home to take our mother/grandmother to brunch. We wait for our father but he doesn’t show up. I try to contact him only to get a hold of his sisters (Pam). Pam informs me that he is not coming and that our mother cant’s go with us. Our mother says she wants out. I tell her I’ll come and get her tomorrow. More isolation for her!
12) May 11, 2009 -I show up at the nursing home with POA and witnesses Mom sign the
papers. After showing the nurse the POA, we gather her things to leave only to be kept
“locked in” for approximately 8 minutes. We pleaded with them to let us go. One can’t
hold US citizens against their will. Finally, out of the building and into the car. Seven police officers showed up with my father and stopped us from leaving the nursing home. After 20 minutes, they told me they didn’t understand the POA and that after I get it notarized I could take my mother tomorrow. I relented and took her back into the nursing home stating to the nurses not to medicate my mother. On my way out of the building 2 health care workers told me that my mother didn’t belong there. I asked them if they would testify for my mother. They said “no” because they would lose their jobs.
13) May 12,2009 -I show up at the nursing home with POA and waited for police. One officer arrived and told me I couldn’t take her even though the POA was correctly notarized because an emergency guardianship was in the pipeline. I found out later that it wasn’t going in front of a judge until May 14.
14) May 13, 2009 – An Order of Protection (OOP) was served at 6:00AM to 6 family members, namely, myself, Bill, three of Bill’s children and his son’s fiancee. It made no sense. Two of the OOP were totally unwarranted! Bill’s son Mark, aka Mark Wyman, and Mark’s fiancee were not involved. On these two unwarranted OOP, my father totally lied. Perjury is a class 4 felony. My nephew, Mark, and his fiancee are pursuing careers in health care and law enforcement. I went to the state police, which is part of “triad,” and was assigned to Dave Sam Thomas. Before meeting with him, I called District Attorneys, aka DA, office in reference to the two unwarranted OOPs. They told me it was a felony but weren’t interested in pursuing the charge. After meeting with Detective Thomas he told me he understood but his hands were tied.
15) May 2009 – I went to my attorney, aka JF Heckinger, and he informed me that the public guardian, Sharon Rudy, was my father’s attorney and that she was one of his best friends and we should be able to work this out He would see her and me back in Rockford June 16,2009 for the OOP hearing.
16) June 15,2009 – After I arrived in Rockford, I called attorney, JF, and he said he would see me in court June 16. The six of us that had been served the OOPs were in court plus Bill’s family attorney. My brother’s attorney, my attorney, JF, and my father’s attorney, Sharon Rudy, went into the judge’s chambers and “cut a deal.” If I don’t pursue my father’s perjury charges they will vacate they OOP so my nephew, Mark, and his fiancee would be able to pursue their careers. “I fell on my sword.” When the judge gave his order, he stated that the OOPs were without meri;t however, this would be reinstated if we violated them. Didn’t make sense! And this will turn out to create a situation where my mother is nearly killed in an abusive nursing home. Without the “good” children who cared to come see her and make sure she is fine, the nursing home she is put in is abusive and neglects her medical care.
17) June 2009 – Still having my mother’s POA, I pursued my mother’s medical records. Before her adjudication, the physician hospital diagnosed her homicidal, suicidal, dementia, Alzheimer, alcoholism and schizophrenia.
18) June 2009 – I went to the visiting nurses association. They told me the reason my mother was removed from her home was for her own safety. They said the home was unfit to live in. I tried to explain to them that my father was the hoarder–and he was living there. My explanation fell on deaf ears only to find out later they were picking up attorney, Sharon Rudy’s fees.
19) June 16-19, 2009 – Saw my attorney, JK, and gave him Bruce Person, the LCSW, name because he was to testify at my mother’s adjudication on July 9, 2009. Attorney, JF, said he would draw up motion and send it. I received motion draft and it all but buries my mother. I called attorney, JF, and told him not to summit it and that I would see him in court with Bruce Person, LCSW and other witnesses.
20) June 2009 – I received a call from Bruce Person, LCSW. He had spoken to my attorney, JF Heckinger and that JF stated he would do a better job if I would pay him. I called my attorney, JF, and told him he should not be discussing our business with anybody but me. At that point, I told him I would pay the balance on at court.
21) June 2009 – Before my return to Rockford, I spoke with the Guardian Ad Litem, aka GAL, Ruth Robertson, as she is the eyes and ears for the court. I filled her in on the situation of my mother’s denial of medical, health and dental care, the isolation from her family which includes her two sisters, Marilynn Cook/Colorado and Phyllis Campbell/North Carolina, and the repeated lifelong physiological and psychological abuse by my father.
22) July 2009 – I called my attorney, JF, before leaving for Rockford for the July 9 hearings. I arrived at court house at 8:45AM with my mother’s LCSW, Bruce Person. We waited until 9:15AM when a bailiff walks by and tells us there is no court today. I go to county clerk’s office to find out what went on. I am told that attorney, Sharon Rudy, had walked the case in on July 6th with my attorney, JF, and GAL, aka Kim Timmerwilke. I read the order and my attorney, JF, objected to my father being guardian as did my mother. The attorneys knew that the LCSW, Brian Person, and I were to be in court July 9th to testify that my father was abusive and a hoarder and should be removed from the home so my mother could live there safely. This is a direct violation of our due process of law to present evidence – a federal law.
23) I go to the DA’s office to complain only to have my attorney, JK, walk in for another case. He asked me what am I doing here -I said you did not tell me not to be here.
24) July 2009 -I met with GAL, Kim, and she told me she had met with my mother on July 4th at Strathmoor. Kim said my mother was delusional. At that time I told Kim about LCSW, Bruce Person, report and she said she would not believe a thing he said. She also stated that my mother requested an attorney to which she said she did not think my mother was serious. Another federal violation of my mother’s Constitutional Rights!
25) July 2009 – During this time I tried to obtain an attorney for my mother through Prairie State Legal Services. I was told that my mother had to call herself. My mother was not allowed to use a phone per my father’s orders at Strathmoor. Later, I found out that attorney, Sharon Rudy and JF Heckinger were on the board of Prairie State Legal Services. Collusion?? Conflict of interest?
26) July 12, 2009 – My mother’s sister, Marilynn, called the Rockford police from Colorado requesting a wellness check on her sister, Winifred Carol Wyman, institutionalized at Strathmoor. My mother had told her she has been beaten. The police do welfare checks but stated they did not think it was their jurisdiction. The Illinois Dept. of Health did an investigation and found that Strathmoor nursing staff failed to report and failed to protect.
My mother was beaten on July 4, 2009 by another patient. My father refused to press
charges. One of his duties as guardian is to protect and report harm to my mother. Later, GAL, Kim, admitted she saw bruises on my mother’s face. She is a mandated reporter. It is a further crime not to document/report.
27) July 27,2009 -I am back in Rockford to present information on my mother’s beating to judge, Lisa Fabiano. I am told I would have to wait until September 16th. LCSW, Bruce
Person, is ordered to do another evaluation on my mother and I am ordered to pay for his findings. The nursing home placement was not necessary because my mother scored 28 out of a possible 30 on the mini dementia test at Strathmoor in court. ????
28) July 31, 2009 – Evidently, my mother’s situation at Strathmoor had shed too much notoriety on the institution. They wanted her gone so she was transferred to another facility. My father did not have time to isolate her at the new home. My mother asked to use the telephone and called, from memory, her hairdresser to come help her do her laundry. The hairdresser picked my mother up and my mother requested to be driven to Colorado. When I first see her, she has a bruised jaw, blacken eye and a large knot on her forehead. She is extremely anemic. I get the necessary medical care for her. I take my mother every week to the doctor for iron and B12 shots. The judge, Lisa Fabiano, lets me keep her acknowledging that I was doing a good job. I am HAPPY and cannot believe with my mother’s diagnosis of homicidal and suicidal behavior that they let me keep her.
29) September 16, 2009 – Before the hearing, attorney, JF, asked to be excused from the case. I go PRO SE. I am smelling collusion–and lies. They ask me when it is convenient for me to come back for a hearing and I tell them November 30, 2009. At this next hearing, I will present evidence. They request for my phone number again so my father may call his wife. He never calls.
30) September 2009 – While still in Rockford, my roommate calls saying my mother was
complaining of chest pains. My roommate takes my mother to the emergency room. The Doctor admits her to the hospital because she is two pints short of blood. If she had been in Illinois, she would have died. With the blood transfusion, it was like the lights had been turned on! I keep the GAL, Kim, informed on my mother’s recovery during this time.
31) November 30,2009 -I return to Rockford for hearing and file the motion my attorney, JF, had prepared so I could present evidence in court. Attorney, Sharon Rudy, objects to everything that I have to say. Attorney, Sharon Rudy, again requests my phone number because she has misplaced the number and that is why my father has not contacted my mother. The court sets January 7, 2010 for a status hearing. Attorney, Sharon Rudy, court ordered to obtain ID, social security card etc. for my mother. They also set value of estimate for the house at 1704 Belmont Blvd. at $101,000.00. (Turns out that value is lie only to put probate atty fee liens and medicare liens on the house to have it sold. The clear value, after reviewing comps and talking to a Realtor is $60,000–this was done as a ruse to meet the medicare cut of off of $101,000 to prevent impoverishing a spouse, only homes over $104,000 can be sold to pay nursing home liens!) I ask for my mother’s social security payments for September, October and November 2009. Federal law mandates that the money follows the person. My mother needs clothes, food and living expenses!
32) January 7, 2010 – I return to Rockford for status hearing. In court, I asked attorney, Sharon Rudy, for my mother’s ID and social security card. Attorney, Sharon Rudy, does have these items but states she did not understand the order. Ignoring a court order is contempt. I told the judge that I had made my mother a Colorado citizen and asked for her social security checks and they said they would look into it. Also at this status hearing, they make me guardian of person but I would not receive papers until May 2010. I am taking care of all
my mother’s health and welfare needs with my old Power of Attorney Form. At this point in time, my father is in a nursing home. I made a request to bring my mother back to her home, 1704 Belmont Blvd/Rockford to live. Both attorneys objected, saying the house is too deplorable—yet it was perfectly fit for my father to live in from May of 2009 to January 2010! Attorney, Sharon Rudy, filed a “Motion to Show Cause” why I should not be sanctioned (for saving my mother’s life and taking her to Colorado) for me to pay her and GAL, Kim, for my contemptuous behavior and kidnapping my mother, yet they agree I am doing a great job with my mother. Attorney, Sharon Rudy, still objects to me presenting evidence and accuses me of copying her motion (word for word verbatim) that I filed November 30,2009. It was the same motion that my attorney, JF, had drafted and billed me for as did attorney, Sharon Rudy. Doubled billed! More collusion? I do not know. If a doctor would have engaged in such fraud in order to place a homeless person in a nursing home and taken fees for it, he will be given 15 years and put in federal prison for 15 years. But when judges and attorneys do the exact same thing–medicare fraud by altering home price appraisals to put a senior in a nursing home, get guardianship and then sell the home to a “friend” or “business parter”, for some reason the FBI looks the other way.
33) March 2010 -I return to Rockford for another status hearing. They give me my letters of guardianship for my mother. I give my answers to RTSC and motion to set aside
adjudication. I started to gather medical and nursing home records. The nursing home
administrator asked outright if this was for a lawsuit.
34) April 2010 – My mother breaks her hip and ends up with medical delirium.
35) June 2010 – I bring my mother back to Rockford for hearing. We drove from Aspen to Chicago arriving on a Friday. I receive a phone call from GAL, Kim, saying I hope you have not left Colorado yet because court has been cancelled by attorney, Sharon Rudy. Attorney, Sharon Rudy, claims she has not had time to look over my answers. I am not happy. Judge Fabiano agrees to see me June 2. GAL, Kim, says she cannot attend and attorney, Sharon Rudy, will not be there either so I will be able to present my evidence. However, attorney, Sharon Rudy, shows up and objects to me presenting evidence.
36) July 2010 – I fly into Rockford on a Friday for the Monday hearing. Again court is cancelled late on that Friday. The judge, Lisa Fabiano, went on vacation to Italy. I cannot believe she did not know in advance about her pending vacation to Italy. My mother is in hospital in Colorado recovering from her condition. I keep the GAL, Kim, well informed. I then go to U.S. Attorney’s office next to GAL, Kim’s, office to file a complaint in reference my mother’s case against attorney, Sharon Rudy, GAL, Kim, and judge, Lisa Fabiano. The office refuses to hear my case. Only later, I find out that GAL, Kim, is having an affair with US attorney, aka John McKenzie. An attorney in that office. More collusion? I do not know?
37) July 2010 – The next hearing is to be held in late July. Judge, Fabino, apologizes for her absents and lets me appear by phone saying this must be getting expensive for me. I
request my mother’s back social security and again they say they will look into it. Nothing is accomplished. Final court date is set for late November 2010. I also informed the court that my father has plenary guardianship and has failed to obtain supplemental insurance for my mother. This created a mess for Medicaid after my mother’s broken hip.
38) November 30,2010 – My mother is doing better in rehab. I return to Rockford for the
hearing. It is the first time my father appears in court. By this time I have two file boxes full of evidence and conflicting reports created by different agency – Rockford police,
administration at Strathmoor and the courts. They see my boxes and ask if they could do this in judge’s chambers. I agree with the understanding that the atmosphere would be more open and friendly. Did not happen. Every time I spoke, attorney, Sharon Rudy,
objected. Again, I asked for my mother’s social security checks and attorney, Sharon Rudy, advised me that they were going to use the social security for my mother’s share of the legal fees. This is in direct violation of federal law! A lien was filed against the house at 1704 Belmont Blvd. and they had it appraised. I informed them how my mother was doing and that she was coming back to my house to live. They also ordered me to pay my share of GAL, Kim’s, and attorney, Sharon Rudy’s, bills, basically for saving my mother’s life. My father was ordered to pay my mother’s bills through attorney, Sharon Rudy. My father is still living in the deplorable house (1704 Belmont Blvd.).
39) December 2010 – My mother is home with me again and I am taking her to Rockford for Christmas so she can celebrate with her grandchildren. My father had a heart attack and has been placed in a nursing home. When I heard this new, I immediately I called attorney, Sharon Rudy, to ask her again to allow my mother to be in her own home (1704 Belmont Blvd.). Again, she said the home condition was deplorable. I volunteered to clean it. No deal.
40) January 2011-1 have been sending my mother’s bill to attorney, Sharon Rudy, office only to have them returned to me. The office informed me that there are no funds to pay these bills. I should pay them out of the social security checks ($500.00) a month. That amount is all that she has to live on. It cost me an additional $10,000.00 a year for her care.
41) August 2011- I do not hear from the courts until I receive a notice by mail to sell my
parent’s home (1704 Belmont Blvd.) I make a phone call the day before hearing explaining that I cannot make the hearing so I file motion to vacate order. I then file another motion to set aside order and also file a Lis Pendes.
42) October 2011- Hearing is set for October 2011. I asked for a court date but never heard back from the court. I arrive at 11:45 on court date and call GAL, Kim. She says I failed to appear and have to reinstate my motions. I have sat in this courtroom for a 9:00AM hearings many times and have waited until noon. They would not hear my motion to re-file even after I re-filed. Their last minute cancellations oftwo court dates and my mother’s adjudication were moved up without notifying me. Does not seem fair.
43) December 2011- I am back in Rockford. After re-filing, I am not in front of the judge more than a minute and she upholds the sale of the house for 75% of the value of the house and all the cost involved. Furthermore, the cost for attorney, Sharon Rudy, and the new GAL, Atty Mrs. Kim McKenzie. I go to the U.S. Attorney’s office again to complain and again I am turned away. I think because GAL, Kim, and US attorney, John, are now married. More collusion?
44) March 2012 – My mother is allowed to go into her home (1704 Belmont Blvd.) for the first time in almost three years to tag her personal possessions. She is allowed to tag about 14 items. I record the whole house that I can see with a camcorder. Attorney, Sharon Rudy, enters the house with my mother’s caregiver and attorney, Sharon Rudy, states this is a real nice and at that point she tells the caregiver that she had not been in the house before! With the exception of the garage, all the other rooms were clean and livable. After taping for 45 minutes, since I am in town anyway, I offer to do a complete inventory. Attorney, Sharon Rudy, says no that the auction service would do it. While in town, I do an interview on a CBS news program in reference to the book I wrote on Elder Abuse.
45) May 11, 2012 – The court ordered that there would be an auction but would not be held until I went over the complete inventory list for all of my mother’s art supplies, art work and personal possessions etc., Attorney, Sharon Rudy, and GAL, Kim, tell Judge, Lisa Fabiano, it is like a divorce without there being a divorce. My parents are still married! My brother, Bill, was told to pick up the 14 items that our mother had previously selected. I have to wait until Monday for the order to be handed down. This delays our trip back to Colorado.
46) May 2012 – We stayed just to sign the order Monday after the court hearing. GAL, Kim, saw my mother privately for 7 minute but claims that she was with her 20 minutes in court and states if my mother’s caregiver does not go to Colorado that they will revisit the case and try to place my mother in a nursing home in Illinois.
47) July 2012 – My brother, Bill, goes to house to retrieve my mother’s 14 selected items only to be given 4 of the items and was not allowed to look in the house. He looked in the windows and said that the house was empty and our mother’s stain glass is missing from the yard. Bill calls me to get a hold of GAL, Kim, to ask her for the rest of the 14 items on the list. GAL, Kim, said she would look into it and make sure attorney, Sharon Rudy, either emails or mail them to me. This has not happened yet… I get a call around the July 10th stating that they had a garage sale without my knowledge – another court order violation. They sold my mother’s life away against court orders. I made two calls and one e-mail to GAL, Kim, but no reply from her as of yet and no inventory list from attorney, Sharon Rudy. I also saw Kevin O’Connell from Lisa Madigan’s office 1 am sure he will cooperate with the US Attorney’s office. They have trampled my mother’s and my rights with their collusion and complicity. There is more information to prove that all of these people should be investigated.
a. Sharon Rudy/Public Guardian and Attorney
b. Lisa Fabiano/Judge
c. Kim Timmerwilke McKenzie/GAL
d. John McKenzie/US Attorney
e. JF Heckinger/attorney
f. Alden Park Strathmoor/nursing home
g. District Attorney’s Office/Rockford, IL
h. U.S Attorney’s Office/Rockford, IL
48) July 2012 -I have written my mother’s story in book form called Against Her Will. The book has received national attention. Regardless of your decision to investigate our case, I have become an advocate against Elder Abuse.
Thank You Very Much,
John Howard Wyman
From Ken Ditkowsky, the gun is still smoking.
From: kenneth ditkowsky
Sent: Nov 12, 2012 4:02 PM
To: Janet Nideb
Subject: Smoking gun – Did you see it?
How to Structure a Complaint — don’t be chatty
On of the things that comes up when I am working with a client on a complaint is that they want to be chatty! Also in briefs, even when I have a 20 page limit and I have to cite caselaw, they want to dump the case law and get chatty! No, it does not work that way. Most business clients with a business degree understand and have no problems with that, but your average client that want to regurgitate all about her kitchen sink yesterday–yikes!
So, for all your pro se’ers out there and those of you permitted to have some input in your attys briefs, this post is dedicated to you.
And you know what? I also have to dedicate it to new law school grads! Because law schools are officially nuts and have no bearing in the real world, I have to spend hours and hours explaining basic procedure, steps, dealing with court hours employees, the details of depositions and structuring cases. You name any practical, anything nuts and bolts, anything necessary to win your case and you can bet that a fresh law grad never heard of it.
Forget the bar exam–what about the practicalities of working in a law environment.
Getting back to the topic, here are the steps:
1) pick your jurisdiction. Federal court is for federal laws generally and you might get dismissed for bring state legal breaches and torts in federal court. Federal court is a court of limited jurisdiction. Fortunately, all of it’s rules (about 95%) are set forth clearly and concisely in the Federal Rules of Civil Procedure and Evidence, but of course, some you will have to get from case law. State court takes longer and is more messy. Plus, the decisions can be not too great and much poorer and biased because the judge loves your OC who works for some big law firm he wants to join some day. It can be disappointing. But the best way to combat that is to show the court you have a good case, OC and his client is scum and lies all the time, and you will not lie. After a while when you show you are trustworthy, the judge will likely warm up to you.
2) Watch your “limitations” period. If you are at or near a deadline, there are some great lists on the internet for seeing what your deadline is based upon your “counts” or “causes of action.” You might want to see an attorney or look up further case law for more information. A case in your jurisdiction in your court is the best case for you to use. In Chicago there is a fabulous law library open to the public on the 29th floor of the Daley center in Chicago. The law librarians (most have a law degree, but may not be admitted to the bar), are typically very nice and helpful, having worked in a fairly stress free environment.
3) Start writing the complaint.
A complaint is always “a clear and concise” statement of numbered facts and issue that will entitle you to the relief you are seeking. It is not a time to be chatty. It is not a time to write a novel, but if you want to attract attention to your case, writing a novel like John Howard Wyman did is a great idea. He did a wonderful job.
a) Title. The title of your complaint should be the counts you are bringing. For example “Complaint for 42 USC section 1983, Abuse of Process, Malicious Prosecution, Intentional Infliction of Emotional Distress”–it should name your basic counts. If you are doing pro se try not to file more than 3 counts. One or two is best. I have a small law firm, and believe me, even with putting 3 attorneys on the case, it is hard to do 5 or 6 counts. Don’t file more than you are willing to try. You can change these around later by filing an “amended complaint” which often occurs after discovery and depositions and you see all the dirty tricks your opponent has pulled behind your back.
b) the next step is a basic introduction naming all the counts and the defendants and a one sentence statement of why you are bringing the law suit, ie, “wrongful guardianship of a competent woman”
c) Jurisdiction and Venue. If you are filing in federal court, this will be trickier because the statute should say you can file there. Not all federal claims can be brought in federal court. Federal court is a court of limited jurisdiction because the states have rights to glom on to probably 90% of the litigation out there with their crazy, elected (and often obviously biased) judges and court system. Federal court is a special exception so you will have to find it in a statue or court ruling you can bring your claim there. Often it is the opposite where a federal case says your claim, even if federal is “not important enough” to get into federal court and you are stuck in state court. The good news is, state courts rarely hand out sanctions, the judge has to be really mad at you or really biased. Most of the time you and your opponent can say anything and the court just sighs. So you will have to say “jurisdiction is proper because all the defendants reside in this jurisdiction and the acts complained of occurred in this jurisdiction.” Then a statement of venue (that’s the best court in the jurisdiction, and the statement is typically “venue is proper because all the actions complained of took place in this court’s area.”
c) next, bring a count one. Carefully research your count one and find out what the “elements” of that count are. Then read through a few cases and try to find one that is either very close or exactly like yours. Make sure you have made a list of the elements. Write down a short list of the facts in your case that would make up those elements. Save that list for later.
c) bring your next 2 or 3 counts via the same process. Find a case and/or statute in your jurisdiction or state. Write down the elements. Write down the basic and concise fact that would comprise your claim against the defendants.
d) start writing. take your clear concise list of facts and start a section entitiled “statement of facts and parties” or introduce the parties first and then the facts that comprise elements of your cliam.
e) write up a count . Count I for violation of 42 USC section 1983. Refer to what facts support those claims by paragraph number, say paragraphs 1 to 20, etc. At this point you might want to add in a few more (2 or 3 please, not a dissertation), that help establish that claim. Close this section with what relief you want. Do you want an injunctions, actual damages, punitive damages, exceptional damages. Add in attorneys fees if you will have those by hiring an attorney that will appear for you at a later day. Perhaps you want your attorney only for trial and the statute allows attorneys fees. You can do that. If you find you are entitled to and want an injunction because you found it in a case, say that, ie, pursuant to case law in Illinois, Plaintiff asks for an injunction prohibiting “the filing of a CCPA211″ in the future. If you can get punitive or exemplary damages pursuant to statute, write down the statute cite that entitles you to that, ie, pursuant to 755 ILCS sec X, Plaintiff asks for exemplary damage because the defendants behavior was extreme, cruel, willful, wanton and without justifiable excuse. take this language directly from a case or statute, don’t just make it up and stick it in there.
Keep on writing additional counts until you are done. Remember, you might have to try these, so if you are pro se, pick your two or three best and keep it short and simple.
At the end, write up a ‘conclusion” restating all the counts, the defendants you are bringing each count against (not all defendants might have engaged in all the illegal activites prohibited for each count, some might have statutory or case law immunity from liability).
Give a summary of this, eg:
a) Plaintiff seeks an injurnction, treble damages and reasonable attorneys fees for Patent infringment under XXX USC secion XX against Defendants X and Y;
b) Plaintiffs seeks actual and exemplary damages for Trademark Infringement under XXX USC section XX against defendants A and B;
and so forth. you can even add in c) and for all other just and equitable relief as this court determines to be appropriate.
Now for the hard part for some of you, esp. those pro-se’ers out there. If your complaint is over 20 pages, it is too long. You weren’t paying attention to the rule “short, clear and consise statement of facts and issues that would make up a claim for relief.” Go back and start cutting or the court will think you are crazy. No one wants to read how it affected your pet in 3rd grade. Get that stuff out. Clear and concise, not chatty and gabby, and Oh, wouldn’t this be great to add in? Nope. The court and OC will be laughing at you. One paragraph for your introductory summary; 2, maybe 3 pages for your “statement of facts”, one to 1.5 pages for each count. One page for a conclusion. So if you think your case is going to the US Supreme Court, 2 pages for an introduction, 5 pages for statement of facts and parties, 4 counts 2 pages each, and a one page conclusion, that’s still only 15 pages, get it?
Most courts limit briefs to 20 pages double spaced, so get used to writing in a very concise manner, just stating the facts.
I don’t think I have even seen a fresh law school grad that can properly write up a complaint.
Most pro se people can barely do this, but I think it’s because they just need good instructions.
Am I the target of a cover up at the ARDC?
From Ken Ditkowsky. Do you think he’s right? Is there anything there?
I have to admit, with all of the lack of jurisdiction and terrorizing of senior citizens and their families that I am learning about, it is clear there are a ton of not so “dirty little secrets” flowing around probate that clearly involve lack of jurisdiction.
For some reason, many probate judges and GAL’s have not figured out that 1) personal service of a summons and complaint upon the alleged disabled period is a requirement in order to attain jurisdiction over that person; and 2) Sodini notices must be served on all the close relatives defined as at least the adult children and siblings of an elderly person. If the alleged disabled person is younger and might have parents, then the Petitioner must serve notice of the time, date and place of hearing.
I note on the Rockford forms, one GAL does mention the time, date and place and that is a great idea, but the address of the courthouse is omitted. The problem with this is that if the relative is from out of town, they should not have to look up that address. It should be there on the form.
But it is the Petitioner who has the duty to set forth the time, date and place of hearing, and I believe those notices should be filed with the court, the judge should question closely if the Petitioner knows and has served all of the adult parents, children and siblings, and make sure the alleged disabled person was served.
According to the Illinois statute, the Clerk of Court should set a hearing date on a petition for plenary guardian within thirty days after it is file.
Just so you all know. For many of you I am preaching to the choir.
take care and now from Ken Ditkowsky who has some amazing words of wisdom for today:
From: Law Office Assistant <Larry.Chambers@ditkowskylawoffice.com>
Sent: Friday, November 9, 2012 9:49 AM
Subject: ltrs to ARDC Kirk Durbin DOJ w attachments
From Ken Ditkowsky–the complaints re Probate just keep on rolling in
The fight is the same in every one of these cases. One group of victims have been subject to the tender mercies of Miriam Solo, another Farenga, another Stern, etc. The result is always the same and the frustration coupled with a major shake of head in wonderment! How could this happen in America?
Unfortunately we know how this happens! Unfortunately when we go to the polls to vote some of us forget that voting party label or being fooled by one or more talking points is the way we got into this problem. The years 1940 through 1945 did not teach a large number of us anything! Thus, we are back in 1936 and the brown shirts and black shirts have changed their attire and their victims. The new victims are the ‘elderly.’ The ‘keepers of the faith’ do not take out the teeth of the elderly for its gold and silver – collectibles are a richer booty! In Sykes a million in gold coins is a nice prize. All the miscreants have to do is shut up ‘Gloria’ and that ‘fat old Jewish guy’ who Cervantes memorialized and they have a million dollars tax free and unreported!
Guess what! Scott Evans told me that I was not going to be invited to Adam Stern’s birthday party so I drafted another letter to the United States Attorney, the Illinois Attorney General, etc. It in words and phrases states:
At this point in time very few days go by without my receiving a letter from a person who has been subjected to an encounter in which an elderly person has either been exploited or mistreated. The Government Accounting Office has submitted a report to congress in which it was reported that Elder Abuse and Financial Exploitation of the Elderly are America’s “dirty little secret.” Hundreds of seniors are being subjected to miscreant conduct by “respected attorneys,” “respected judges,” and “respected care givers.”
Enclosed is a letter that I received today by e-mail from (name redacted). The letter speaks for itself. Ms. (redacted) has great detail to support her allegations and to demonstrate how what had been the finest medical provider system has degenerated into Avarice, and disrespect for human dignity. In the Sykes of record appear two doctors. These doctors have quite interesting representations. (They will be referred to as Dr. A and Dr. S). By reputation, both are reported to have never found a patient (who had a few dollars in his/her jeans) who was not in need of 24/7 guardianship. If President Obama or Governor Romney were to be ordered to appear for a competency test before Dr. A he would find neither able to take care of himself. Dr. S is more clairvoyant and less subtle. He found Ms. Sykes incompetent without even seeing her or reading all the medical records.
Thus, a premier medical facility is not bluffing when they threatened that a cloutless senior will be guardianized if the whim and caprice of the medical facility is not fostered–and removed from her family members . Indeed, with Guardian ad litem such as Adam Stern and/or Cynthia Farenga in charge the helpless elder is ripe for whatever the plenary guardian desires. In the Sykes case relieving Mary Sykes of about a million dollars in gold coins and 10% of her body weigh were well fulfilled goals.
I and others have been writing letters complaining of miscreant acts that are documented of record in the Sykes case and the other similar cases. The Illinois ARDC feels that this activity is un-ethical as it reminds the public of the 17 judges who were provided free room and board in a Federal prison; however, Citizen Complaints against the two guardian ad litem and the attorney for the plenary guardian who have ignored the statutory protections promulgated by the Illinois legislature are not a concern for action. It is reported that most of the Sykes file is now missing! It is reasoned that if law enforcement were to examine the documents filed in the Circuit Court law enforcement would have to conclude that since day one of the Sykes case the Court at the behest of the two guardian ad litem and the Attorneys for the plenary guardian has been entering orders without jurisdiction.
Do not take my word, or the word of any of the thousands of victims of elder abuse/financial exploitation or their families! We, the GAO, recently the American Broadcasting Corporation, and the complaining public are all liars! Obviously, the Court reporter – whose transcript has now disappeared out of the Court file – made up the words and phrases that she recorded as no judge would ever give direction to a plenary guardian to go out and get a more co-operative medical provider so that a patently competent lady could be declared incompetent. Indeed, when Mary Sykes was taken to Edwards Hospital having lost 10% of her body weight – it was a malpractice on the part of the hospital as CF said that it was a hallucination! I by reporting the same was labeled a ‘liar’ by the attorney for the ARDC and asked by another if I was prepared to repent! Therefore as a non-repentant sinner – please do not take my word. Review the Court records – I submit – if the records have not gone in the ‘watergate’ file they will verify every single word that either I or the victims of elder abuse/financial exploitation have said – however – have a look for yourself.
Instead of taking my word or the words and families, the neighbors, or the cloutless taxpayers, please promulgate an ‘HONEST’, complete, and comprehensive investigation of the Sykes case, the Bedin case and all the similar cases. It is an embarrassment that 1936 is here again and the Jews of the 21st century (who are slated to participate in the new holocaust) are the ‘elderly!’ It is horrific that the modern gestapo should be appointed by our judiciary.
Thank you for your courtesy and co-operation,
Yours very truly
Ken Ditkowsky asks–Tomorrow is election day, can we make a change in court?
From Ken Ditkowsky:
And from myself;
A Miriam Solo Deposition Example–words cannot describe
While running this blog (and even before), I have heard of a Probate attorney named Miriam Solo and a whole lot of complaints regarding her.
Apparently, her depositions speak for themselves, see attached:
Deposition example of Miriam Solo’s Talents and Abilities
There is yelling and screaming and talking over the witness, condescension at every turn–you name the bad behavior, it is there.
I don’t know what this woman (viper) was doing before she got to the deposition, but whatever it is, she needs to stop it.
Suing the Government–the difference between a 42 USC 1983 claim and bring a tort action
One of the interesting things about the government acting without jurisdiction–as in the Wyman case, the Gore case, the Tyler case, etc. The next question is what do you sue them for.
Clearly the action is not over and the statute of limitations has not run unless and until the “close family” members file and win a Motion to Dismiss for Lack of Jurisdiction or the ward dies, and we know that oftentimes, because the courts are so very slow in conducting hearings, issuing orders (the Wyman case), assembling together court records and transcripts for the record on appeal–where the record is 80% missing, as in the Mary Sykes case–death is the only way out, still the entire process appears to be slow and cumbersome.
But what happens when you finally get to the point of suing in Federal Court?
Here is an interesting table I found on the differences between bringing a 42 USC 1983 proceeding and a cause of action based in tort.
Table comparing 42 USC 1983 to cause of action based in tort
I think many of you will find it very interesting.
Who is a Probate Attorney in Illinois?
One interesting question that came up today is “who is a probate attorney?” Someone was asserting in an email while one attorney was a “probate attorney” another attorney was not a “probate attorney.”
The correct answer is that no attorney in Illinois is a “probate attorney.” With the exception of Admiralty and Patents, we do not have specialty attorneys in Illinois because it is believed that this would confuse the public. All attorneys that are admitted to the Illinois Bar are considered competent to practice in all areas of law, and should have a competent basic working knowledge of the law in all areas except for Admiralty and Patents.
Admiralty and Patents are traditional areas for a specialty. The Federal Courts have exclusive and original jurisdiction over all patent and copyright matters. You cannot bring a matter involving the validity of a patent or copyright anywhere but Federal District Court. If you allege federal trademark infringement under the Lanham Act, you may, but are not required to, bring your case in Federal District Court.
Other attorneys are allowed in Illinois to say they “concentrate in” or “prefer to practice” in particular areas of the law, and perhaps 90% of their business is in those areas–but they are never, never allowed to say they specialize in a particular area of law, including probate.
Interestingly enough, if you practice patents, trademarks, copyrights, trade dress, if you limit yourself to the federal portion of the law, you can practice anywhere in the 50 states and 7 territories in the US and will not run afoul of “unauthorized practice of law” prohibitions. This has been tested in all of the state and territories. If you have been admitted to the US Patent Bar, it is considered federal and exclusive in nature, allowing Patent Attorneys to practice anywhere–just in case you are interested.
Attorneys are not allowed to have blinders on. They should know whatever area they practice in–including our girlfriends and boyfriends running around in the Probate Courts of Illinois, that a summons and complaint MUST be properly prepared and personally delivered to the Respondent in a Petition for Guardianship. All close relatives, defined as adult siblings, parents and children MUST receive written notice of the date, time and place of hearing, served by Petitioner, regarding a Petition for Guardianship.
These requirements are not strenuous, unique or difficult to understand. They impose no undue hardship upon any party. The preparation and proper service of summons, complaint and pre-litigation notices are not unique to Probate, and can be found in many, many areas of the law. Attorneys are expected to look up and adhere to pre-litigation requirements and notices. Attorneys are expected to understand that some, but perhaps not all, of pre-litigation notices and tasks may result in a lack of jurisdiction if serious enough.
I hope this dispels any misunderstandings of what a “probate” attorney is compared to other attorneys in Illinois. There actually is no such animal. All Illinois licensed attorneys are expected to have a working knowledge of basic areas of the law, from contracts, constitutional law, some criminal law, to wills, estates and probate, and some divorce laws and basics, etc. so they can at least talk knowledgeably to clients and send them to other attorneys that might have more expertise in certain areas. The concept that “probate attorneys” know what jurisdiction is any more than any other litigating attorney is preposterous. Every Illinois attorney, prior to filing a complaint, petition or whatever should carefully review the current statutory requirements each time prior to filing anything in court. We make check lists and check them several times. We make synopses of our cases and of the laws and requirements to file each time we file something.
If an attorney does not do all of this, she or he is likely to find that they have been bit in butt by opposing counsel or even the judge. That’s not a place you want to be in litigation. One of the absolute worst places is lack of jurisdiction–a place no attorney wants to be at.
Do as I say, not as I do……………………..
One of the most amazing things about all the miscreants in probate–attys and judges writing articles, appearing as “renowned” speakers, gaining accolades for the “important work in protecting the elderly and disabled” — is that they also engage in some of the worst forms of probate abuse (acting without jurisdiction, improper or no service up on the disabled person, etc.) but at the same time write some pretty darned good articles on the evils of elderly abuse and exploitation.
Read on for one of these. This article is apparently written by an atty miscreant who has isolated and drugged atty Lisa Belanger’s father from his two beloved daughters and several grandchildren who have not seen him for a long, long time, and all over $9 million! (This is the same case where the Plenary Guardian told the court that all that money would be gone in 7 or so years due to their fees–yikes). How is this two-faced attitude possible (and in the words of Abraham Lincoln who was often accused of being two-faced, “if I really were two faced, do you really think I’d be using this one?”)
Read on for more information:
From Ken Ditkowsky:
To: JoAnne M Denison <JoAnne@DenisonLaw.com>; kenneth ditkowsky <firstname.lastname@example.org>;
Sent: Sunday, October 28, 2012 1:14 AM
Subject: Weston attorney Lisa Cukier: Beware of financial exploitation – Wayland, MA – Wicked Local Wayland
this is the atty for BNY mellon who has exploited my father– and she writes this article!!
Article on “How to Prevent Elder Exploitation” by a miscreant atty!
Amazingly, it’s not a bad article. To watch out for signs of exploitation, to keep your items safe, to perhaps think about putting your wealth in a trust because it’s harder to break a trust. Lots of good information.
You will note she never says “and if I and another non-family member get ahold of your estate, we can deplete $9 million in 3 to 4 years.”
Hmmm, she forgot that one. And also the warning that if LC finds out you might switch your $9 million from Melon Bank NYC to another bank she will help MB NYC remove you as guardian, get a non family member to function as guardian to keep those assets where they belong–until she and another CPA get enough fees out of the estate, that is.
She never explains how to avoid that one!
From Mass. atty Lisa Belanger on the state of her case (and also corrections to the above post):
technical corrections to your posting re Ms. Cukier: the calculation for depletion was 7.4 years; the person who specifically informed the judge of that calculation was Attorney Maxa Berid, General counsel for Elder Services of Merrimack Valley, Inc--on behalf of the guardian. See below ; http://www.massfamilybusiness.com/Docs/FamilyBusinessPubl_2010_Q1.pdf Brian Nagle was the financial advisor from BNY Mellon, who testified in court that he personally called Attorney Ed Tarlow and asked Attorney Tarlow to go see my Father while under involuntary commitment to the psychiatric facility, Whitter Pavilion. Attorneys Tarlow and Watson, never having my Father ever as a client--went in hand to their very first "meeting" with Father at the Whitter Hospital, the very next day after speaking with Brian Nagle. Attorneys Tarlow and Watson brought with them an already drafted Revocation of Durable Power of Attorney and a new Power of Attorney, designating Father's CPA (who has an already existing relationship with Mr. Nagle). Attorney DeNapoli was the mouthpiece for Attorneys Tarlow and Watson in court. Needless to say, you can only imagine the unconscionable proportions of the documents they drafted. Both BNY Mellon and Attorney Tarlow were given complete control--specifically stating they did not need to apprise Father before doing anything; as well as, Attorney Tarlow's law office being directly paid from Father's BNY Mellon account. The documents were so self-dealing that they made it so Attorney Tarlow's Office could not be terminated by CPA and that CPA could not use anybody else other than BNY Mellon. They made CPA Father's health care proxy!! 2 days prior to Father being discharged from Whittier Pavilion--at a court hearing, the Probate Judge indicated that Father was "competent" when signing those documents drafted by Attorney Trlow and watson. Because of issues raised whether Father's original DPOA executed in 2003 also served as a valid, Health Care Proxy, Father affirmed his prior wishes again that he wanted me as his health care proxy. Father did so at the Whittier Pavilion, with Whittier Pavillion's staff as witnesses to this affirmed Health Care Proxy and Father's awareness of what he was signing--and his outward expressed wishes. When Father personally called Attorney Tarlow to fire him--which Father's current counsel filed an Affidavit stating that Father never wanted or asked for Attorney Tarlow's legal services and that Father was deceived as to what he was signing, Attorney Tarlow filed a petition with the court stating that Father was not competent to fire him! The coup de gras was that Attorney Tarlow filed a motion to be paid approximated $108,000 for legal services-- the Probate Judge reduced it to $6,500. Attorney Tarlow filed a motion for reconsideration!! from Lisa Belanger and thanks for the corrections.
More Wyman Book Letters–to the US Atty General’s Offices
Today another grouping of books was sent out, this time to the U.S. Atty General’s offices.
It will be interesting to see who responds first–if at all, to my pleas for help on behalf of all the Probate victims of the probate courts in Cook County and Rockford.
So far, not much luck. But if anyone can change this, please do so by writing and faxing these individuals. It looks like the emails are email@example.com. the fax number is not listed, but you can address your letters to Office of the US Atty, 219 S. Dearborn St, #500, Chicago, IL 60604.
Links to today’s letters:
John Howard Wyman Books to US Attys General Oct 26 2012
Also, while we have been consistently asking all of Judge Fabiano, OPG Sharon Rudy and GAL Kimberly Timmerwilke McKenzie to get the Wyman Order done in Rockford Probate court, it has now been 4 weeks and nary a sign of an order! OMGDS–we have received plenty of excuses, but no order from that fateful day at the end of September, 2012.
I wonder if we will ever get it or if we will have to appeal on the transcript and the court’s decision there.
Should be interesting.
John Howard Wyman Book Project
One of the projects of this blog is to deliver a copy of John Howard Wyman’s book to as many ARDC attorneys, US Attorneys General, Illinois Attorneys General, Court officers and clerks as I possibly can. this includes the Medicaid Fraud Bureau, special Prosecutors in Illinois, Financial Crimes Unit, the Guardianship and Advocacy Commissoin Project, etc. as I possibly can.
John Wyman has sent me 6 cases of books at 32 per case so I have nearly 200 books to send out to attorneys to find out if they care for those that have no voice–the seniors and elderly in the State of Illinois who are trying to make it through burdensome and oppressive guardianships.
Attached are copies of letters and my typical inscription that I sent out today.
Let me know if there are any additional deserving attys out there that might be able to lend a hand to these seniors and theie families.
For a link to today’s letters:
Letters asking attorneys for Help for Seniors/Disabled
Changes in the law–Starting with Stop Drugging our Seniors in Nursing Homes!
Changes in the law:
Nursing homes should not be able to legally receive psychotropic med including, tranquilizers, Halodol, Risperdol, Seroquel, (all new forms of ThorazineBa horse tranquilizer) etc. to keep residents from wanting to go home. It should be a felony to administer such drugs to nursing home residents without their written consent or have to hold them down or force them to take such medications. Nursing homes that contain primarily elderly people should have those drugs banned from the premises and notices shall be prominently posted every floor, every 10,000 square feet informing employees it is a felony to dispense psychotropic drugs and tranquilizers to the elderly and infirm without their written consent which must be obtained weekly. This does NOT mean the consent of a POA or GuardianBit means that very person.
When the GAL goes out to see a senior after a guardianship petition has been filed, this footage should be taped with a digital camera or cell phone:
1) where the senior is asked if she wants an atty and if so, do they have one in mind?*
2) where the senior is asked if she wants to go to court and fight the guardianship
3) if there are some people in the family she considers to be unethical or untrustworthy or abusive.
The recording should be put on the internet with a password both on the court website and on the GAL website or blog of cases.
The tape should be emailed or placed on a disk and mailed to every person as a condition of jurisdiction or it can be put on the internet with a password which is mailed or emailed to the person with instructions to go the law library to see it.
4) *Seniors should be able to have a trusted family atty they have used in the past represent them at any hearing. In fac,t this should be part of the senior=s advance directives.
5) Recognizing the tort of Lack of Consortium between parent and child in Illinois with respect to wrongfully isolating a senior from friends and family they have seen for years and have enjoyed. Seniors may be allowed to make a list in advance directives of all close friends and family they do not want to be isolated from.
6) Amending the ADA and/or medicare act to say that no Probate Atty in any state court can have an elder declared incompetent and sell the house to take fees. Probate Attys and Medicare MUST wait until both husband-wife or life partner seniors die, and their dependents related by blood or marriage living on the premisesBbefore a home can be sold for nursing home or probate atty fees.
7) Amending the Medicare Act that where it says that a senior has a $104,000 exclusion on thier home so a spouse is not left in poverty means: 1) the house must be listed for $104,000 or more; and 2) it must sell on the open market for $104,000 on an MLS. 3) no private court ordered sales for a portion or fraction of that value are allowed. 4) it is insufficient to hire a (court appointed or tied in) appraiser to say that every dumpy house is worth $104,000 or more and then turn around and sell the house for a fraction of that price. Arrrgh we need a case on that.
8) Absolutely NO cremations where a loved one is concerned that a ward is being abused. A cremation where a notice has been placed with the court regarding concerns over drugging and improper medical care with notice to the Guardian should result in a felony charge. Too many elders have been drugged, beaten, abused and then the body summarily cremated in days. An alert may be sent to all local crematoriums by the family. An alert should be sent to all hospitals and funeral homes not to send this person to a crematorium. Evidence of abuse in a senior or disabled must be preserved.
Cost of Corruption for August 2012 – $70,460
This is all the legal work that needs to be done when our courts are corrupt and out of control. I receive dozens of emails daily complaining about out of control courts that condone lack of proper due process notices, lack of jurisdiction, isolation and drugging of seniors against their will and consent, homes being sold to generate payments for horrid nursing home fees that are dangerous places to be if you are elderly and/or disabled–all with impunity from state Probate Courts!
All of this has to end. Join me in filing class action suits and individual suits against the miscreants–Guardians ad Litem, judges and attorneys for guardians, OPG’s–you know them all, you have seen the tricks!
See below and take care
DENISON & ASSOCS, PC.
FEDERAL LITIGATION, PATENTS, TRADEMARKS AND COPYRIGHTS
1512 N FREMONT ST, #202 PHONE 312-553-1300
CHICAGO, IL 60642 FAX 312-553-1307
JoAnne M. Denison✬ JoAnne@DenisonLaw.com
JoAnne Cell Phone 773-255-7608
✬–Admitted NC (Inactive) & US Patent Bar *–Admitted US Patent Bar
Invoice submitted to:
October 09, 2012
Come see our website at http://www.DenisonLaw.com. Pay your bill online – click on “Pricing” Tab.
Pay your bill by Visa, MasterCard, Discover, American Express, check by fax/phone/email or Paypal
Payment due in 30 days
Hours Rate Amount
7/1/2012 JMD SYKES BLOG 2.00 $300.00/hr 600.00
Emails to and from KDD regarding witness tampering, post for the
day, call for investigation, affirmative answers to his ARDC complaint
7/2/2012 JMD SYKES BLOG 2.50 $300.00/hr 750.00
Emails to and from KDD regarding: Leah Black, post for the day, GS
being threatened by Attny Black at the ARDC, information to obtain
asset search, intimidation of GS, information regarding: Sodini, lack
of due diligence by GALs, witness tampering by Attny Leah Black
7/3/2012 JMD MARY G SYKES BLOG 1.50 $300.00/hr 450.00
Preparing 2 blog posts.
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 6.50 $300.00/hr 1,950.00
Emails to and from KDD regarding: Dr. Shaw’s testimony,
intimidation of client by attny Black, letter from attny Black that
everything was client’s fault, report from law clerk obtaining files from
Daley Center, lack of following procedure in the Sykes/Tyler/Wyman
cases, emails to and from client regarding partition of client’s real
estate, lack of protections afforded Mary Sykes, KDD’s call for an
investigation, emails regarding: SLAPP suits, emails to and from
attny Hyman regarding: defamation suits, emails to and from client
regarding: drilling out GS’s safe deposit box (40 emails)
7/4/2012 JMD SYKES BLOG 0.75 $300.00/hr 225.00
Emails to and from the client regarding: client’s short notice for
deposition (4 emails)
JMD SYKES BLOG 1.00 $300.00/hr 300.00
Emails to and from the client regarding: ARDC’s failure to make good
faith Rule 201K Compliance
7/5/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Preparing 2 new blog posts.
AZ MARY G SYKES BLOG 5.50 $25.00/hr 138.00
Constructing table of missing pleadings from the court file in Judge
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 2
7/6/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Appearing in court on Sykes case and preparing posts for blog
regarding same; reviewing cases for Attorney Ditkowsky.
JMD SYKES BLOG 7.00 $300.00/hr 2,100.00
Emails to and from Mr. Evans regarding: taking depos in ARDC
proceedings, IDPR should be investigation Dr. Shaw and Dr. Amdur,
emails to and from Mr. Evans regarding: Kristen’s wedding, emails to
and from the client regarding: admissions of Dr. Shaw, emails to and
from KDD regarding: how probate kickbacks are handled, emails
regarding Sodini case; Attny Schmeidel’s his petition was brought in
wrong court emails, emails regarding Ken’s trial; emails regarding:
Mary’s drivers test, emails regarding; Dr. Shaw’s testimony, (53
JMD SYKES BLOG – COST OF CORRUPTION 6.50 $300.00/hr 1,950.00
Emails to and from client regarding court judgment in FED on 061912
from other blog; emails to and from KDD regarding his Motion in
Limine; emails regarding the Miller case on other blog; emails
regarding KDD’s MIL; emails regarding KDD’s constitutional rights
being ignored by the ARDC; emails regarding client’s FED case;
emails regarding tying up client’s funds is criminal; emails that I
could not get FED order; emails regarding missing transcripts and
ordering those; emails regarding beating of GJS; emails regarding
National Socialist Party; emails from KDD to GJS she must set her
motions for a hearing date and time and accompany them with a
Notice of Motion, Motion and Certificate of Service; emails regarding
items missing fr Probate court and our “docket table” of missing
items; emails regarding ruling in Alvarez case; emails regarding GJS
and lost transcripts; that law in KDD case regarding first amendment
rights is clear; (40 emails)
7/7/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing faxes to Mr. Connelly in the Sheriff’s Department regarding
seizure of JMD’s laptop and updating blog regarding same.
JMD SYKES BLOG 6.50 $300.00/hr 1,950.00
Emails regarding: ADA case; emails regarding: PACER docket sheet
for that case, emails regarding: GS bringing a motion to dismiss;
emails regarding: unfair and deceptive trade practices; emails
regarding: paying probate attnys; emails regarding: court orders
missing from 2009; emails regarding: KDD in an offer of proof; emails
regarding: Kruzan case; emails regarding: the standard being “clear
and convincing” to deem someone incompetent; emails regarding:
the fact probate court is not following procedure; emails regarding:
missing documents in file (72 emails)
7/8/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing a new blog post.
JMD SYKES BLOG 0.50 $300.00/hr 150.00
emails to and from KDD regarding: GS questioning witnesses at
hearing (3 emails)
7/9/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing 2 blog posts and reviewing log of court records and
transcripts with Law Clerk Zhou.
AZ MARY G SYKES BLOG 5.50 $25.00/hr 138.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 4.50 $300.00/hr 1,350.00
emails to and from the client regarding: cost of corruption on the
blog; emails to and from GS regarding: her criticisms of the blog;
emails regarding: a record subpeona from KDD to probate court;
emails to and from the client regarding: duties of the notary; (24
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 3
7/10/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Preparing 2 posts for blog and reviewing case law for Attorney
AZ MARY G SYKES BLOG 6.50 $25.00/hr 163.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 3.50 $300.00/hr 1,050.00
emails to and from TL regarding: cases relating to full faith and credit;
emails from KDD regarding: calls for an investigation; emails to and
from KDD regarding: a motion for judgment on pleadings; emails
regarding: LB obstructing GS as a witness (20 emails)
7/11/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Reviewing the case file at Probate Court and making copies of
necessary pleadings to post on blog.
AZ MARY G SYKES BLOG 6.00 $25.00/hr 150.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 2.25 $300.00/hr 675.00
Emails to and from RB regarding Social Probate Disease, who the
“clout is in Illinois”, transfer of missing funds and lack of attack by
tax authorities; the record on appeal is missing; emails from KDD to
client regarding her familiarity with Probate Act; Rule to Show Cause;
emails regarding incompetency and adjudication of disability; email
regarding attorney Black’s letter; that PS’s Motion to Void the
Settlement Agreement was filed in May 2011; that numerous court
orders PS claimed existed (an order striking GS’s Requests to
Admit) are not of record in the Probate File; that in the Probate file
there are references to Judge Stuart saying Judge Connors brought
up the issue of Sodini Jurisdiction and that Judge Stuart would not
bring it up again–clearly not the law, so what’s up with that?; emails
to and from court reporters regarding payments on account (12
7/12/2012 JMD MARY G SYKES BLOG 3.50 $300.00/hr 1,050.00
Preparing a blog post and reviewing case file in Probate court.
AZ MARY G SYKES BLOG 6.00 $25.00/hr 150.00
Photocopying the court records that were not in the court file at
Attorney Ditkowsky’s office; updating table of missing documents.
JMD SYKES BLOG – COST OF CORRUPTION 4.25 $300.00/hr 1,275.00
Emails to and from KDD regarding Mr. Fogel and investigation
regarding nursing homes; standards to show disability and it must be
by clear and convincing evidence; regarding our day in court and
judges were asking about 14 day notice suddenly; requirement to
send petition to close relatives; the failure of the GAL’s to report
various nefarious activities to the Probate Court; emails regarding
“table of transcripts, hearing dates and pleadings”; emails regarding
jurisdictional problems with Probate court; sharing of transcripts with
KDD and LC; birthdates of miscreants for asset searches (20 emails)
7/13/2012 JMD MARY G SYKES BLOG 6.50 $300.00/hr 1,950.00
Intraoffice meeting with Attorney Ditkowsky’s to review his records
and files for additional copies of pleadings because 80% of the court
files has been removed; preparing 4 posts for blog.
AZ MARY G SYKES BLOG 3.00 $25.00/hr 75.00
Updating blog and obtaining copied transcripts from court.
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 4
JMD SYKES BLOG – COST OF CORRUPTION 3.75 $300.00/hr 1,125.00
Emails to and from Attorney Leah Black from client; authorization to
publish; info regarding another victim contacted by 60 minutes for
possible program; corruption is akin to Greylord; reviewing and
publishing Cost of Corruption bill for May 2012; news that Judge
Garber held CT in contempt of court for failing to allow client to
retrieve all her property from Mary’s home after wrongful eviction;
accounting table to Sykes court reporters; regarding obtaining copy
of court order from Judge Garber; items missing from payment table
for court reporter; emails regarding Senator Kirk may have helped
out; emails regarding Judge Garber in FED court (23 emails)
7/14/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing blog post.
JMD SYKES BLOG – COST OF CORRUPTION 1.50 $300.00/hr 450.00
Emails to and from client regarding nursing homes expelling state
monitors; emails to and from KDD regarding state fraud and
corruption in nursing homes; emails regarding food in nursing homes
and use of drugs there; emails from KDD to free Mary Sykes; emails
regarding disappearance of files from Probate Court; emails
regarding spoliation of evidence; emails from Attorney Belanger
regarding her case and the Sykes case and many parallels; (9
7/15/2012 JMD MARY G SYKES BLOG 1.50 $300.00/hr 450.00
Preparing blog post.
JMD SYKES BLOG – COST OF CORRUPTION 3.25 $300.00/hr 975.00
Emails to and from KDD regarding status of Sykes case; case cite
from KDD regarding In Regarding Doyle and his first amendment
rights; Rule 260 prehearing conferences; KDD emails regarding the
facts published were in fact true and correct and his first amendment
rights were violated; emails regarding the Sarhan case; emails to and
from KDD that he may have to take his case to Federal Court for
relief; emails regarding disturbing reports from other blogs and other
probate cases. KDD emails regarding injustices in the Sykes case;
emails to and from client regarding what went on in court against CT;
that client suffered a severe battery by FT; (16 emails)
7/16/2012 JMD MARY G SYKES BLOG 4.50 $300.00/hr 1,350.00
Preparing 3 blog posts and preparing table of missing files and
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Traveling to Court to obtain appellate case volumes and court order
from previous status hearing for Ms. Mary Sykes’ case; ordering
transcripts from court reporter’s office and updating blog.
7/17/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Updating and reviewing table of torts; preparing 2 blog posts.
JMD SYKES BLOG – COST OF CORRUPTION 7.00 $300.00/hr 2,100.00
Emails from ND ILL BK regarding GJS relief from stay motion
recently filed; emails regarding pleadings missing in Probate Court;
KDD makes citizen’s complaint publicly regarding GJS battery at her
home; plea for more emails to the US State Attorney regarding the
battery; emails regarding other court observers that this blog is
indeed correct; emails that this is second battery by FT, that he also
battered elderly sister Yolanda last year; email from GJS that she is
afraid to have police or sheriff’s offices involved; emails regarding
seizure of attorney laptops in probate court; emails regarding proper
procedure for a bond in probate court which was never done; KDD
emails comparing Sykes, Tyler, Gore, Wyman cases; GJS emails
regarding eviction; emails that I never hear back from Attorney Leah
Black after I fax her evidence of corruption in the Sykes case; emails
regarding fax to IAG are not answered; (33 emails)
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 5
7/18/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing blog post.
AZ MARY G SYKES BLOG 4.00 $25.00/hr 100.00
Updating blog with newly received court transcripts and updating
table of missing court records with same.
JMD SYKES BLOG – COST OF CORRUPTION 0.50 $300.00/hr 150.00
Emails to and from court reporter’s offices regarding additional
transcripts. (3 emails)
7/19/2012 JMD SYKES BLOG – COST OF CORRUPTION 2.00 $300.00/hr 600.00
Emails to and from court reporters; emails regarding updating table
on missing pleadings; emails regarding partition proceedings and
appointment of a commissioner; emails regarding PS breaking
federal banking laws; emails regarding lack of jurisdiction by court;
emails regarding Chase destruction to GJS home; emails to and from
KDD that Chase must be included in any suit for partition and they
have not been; emails regarding Illinois Statutes on Partition; emails
regarding Motion to Nonsuit under Sodini. (10 emails)
7/20/2012 AZ MARY G SYKES BLOG 4.00 $25.00/hr 100.00
Legal research regarding federal banking laws in regards to Chase
and the laws they broke in the Mary G. Sykes case.
JMD SYKES BLOG – COST OF CORRUPTION 0.25 $300.00/hr 75.00
Emails regarding Chase and federal banking laws; emails from KDD
that there may be possible plants (bogus clients) walking around on
the Sykes case (2 emails)
7/21/2012 JMD SYKES BLOG – COST OF CORRUPTION 0.25 $300.00/hr 75.00
Emails to and from KDD regarding watching for plants in the Sykes
7/22/2012 JMD SYKES BLOG – COST OF CORRUPTION 1.75 $300.00/hr 525.00
Emails to and from KDD regarding the Jacyz case in Probate and
responsibility to client; emails regarding comments from other
Probate blogs and the guardianship swindles going on; KDD emails
calling for an investigation on Sykes; emails regarding deposition of
GJS by ARDC. (5 emails)
7/23/2012 JMD SYKES BLOG — COST OF CORRUPTION 0.75 $300.00/hr 225.00
Emails to and from KDD regarding the deposition of Scott Evans and
he did well; emails regarding obtaining deposition copies; (5 emails)
7/24/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing 2 new blog posts.
7/24/2012 JMD SYKES BLOG – COST OF CORRUPTION 6.00 $300.00/hr 1,800.00
Emails to and from KDD regarding the deposition of Scot Evans and
that it went fine; emails regarding KDD Motion to Administrator
regarding failure to comply with Rule 201(k); that Attorney Black was
seeking to bar GJS as a witness and how unfair that was; email
regarding disrespect for justice; emails regarding comments on SE’s
deposition; emails regarding GJS’s emails to Lawless America; that
LB asked SE if he considered noninventorying of $1 million in gold
coins to be theft or not; permission to publish the depn of SE;
emails regarding a possible New York Times article on the case;
emails from Nasga regarding changes to Illinois law for guardianships
and that state attys should not be favored; emails that more needed
to be done (26 emails)
7/25/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Reviewing emails from Attorney Ditkowsky and others and preparing
4 blog posts.
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Updating blogs with tags and new blog posts.
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 6
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and AZ regarding motions to bar witnesses
and grounds therefore; that GJS was an uncooperative witness and
unneeded; emails between GJS and LB regarding her deposition;
emails regarding “Important Pleadings” in the Sykes case; emails
regarding new legislation; emails from GJS regarding the blog; emails
regarding comments on blog; Motion to bar Gloria emails; KDD
emails to Attorney Black; emails regarding goose stepping and jack
boots and brown shirts and this case; emails regarding Operation
Greylord; emails regarding Mary’s driver’s license and when it was
last renewed; that Attorney Black may have blocked emails from
KDD?; emails from GJS she wants to file an affidavit to correct
testimony of others; emails regarding AS, CF and LB. (45 emails)
7/26/2012 JMD MARY G SYKES BLOG 4.00 $300.00/hr 1,200.00
Preparing 5 blog posts; reviewing declaration from Ms. Bakken for
post of same.
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from court reporters regarding outstanding transcripts;
KDD emails regarding purging records; receipt and publishing of
affidavits from Yolanda and Josephine that the Sykes case has no
jurisdiction; emails regarding theft, embezzlement, false
imprisonment of granny; emails from GJS regarding care plan and
she would have worded declarations differently; emails regarding IRS
and misdepositing funds; emails regarding oral notice and jurisdiction
under the Probate Act; emails from GJS regarding the blog; emails
from KDD to CF regarding files from Secy of State and Mary’s divers
license; emails to KDD regarding hearing on CT Petition; emails to
and from Ms. Bakken to redact the declaration from her mother;
emails on CT petition and hearing to appoint; emails to GJS to get
her book and movie deal done; (61 emails)
7/27/2012 JMD MARY G SYKES BLOG 3.00 $300.00/hr 900.00
Preparing declarations of no notice of hearing for Aunt Jo and Yo;
reviewing proof of claim.
JMD SYKES BLOG – COST OF CORRUPTION 7.00 $300.00/hr 2,100.00
Emails to and from GJS regarding calming her down; emails to
publish GJS declaration that she never received Sodini notice;
litigating the validity of an order in the probate court is not permitted;
KDD email to CF that she infringed upon Mary’s and Gloria’s rights in
the Sykes case; emails attempting to calm GJS down; emails
regarding other cases which got media attention; emails regarding
acctng on GJS house; emails regarding KDD preparing for ARDC
hearing; that KDD sent out two Motions in Limine; applying for drivers
license records; emails regarding asset searches on CT, FT, etc.,
7/28/2012 JMD MARY G SYKES BLOG 5.25 $300.00/hr 1,575.00
Preparing 5 posts for blog; reviewing and revising table of torts.
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from ND BK ILL regarding proof of claim by Chase;
emails to SE regarding details of case and home equity; emails from
KDD to CF that Mary is being denied her life, liberty, property, civil
and human rights; email from GJS that CF admitted the summons
served upon Mary was wrong; emails from GJS to CF; emails from
KDD to CF that jurisdiction is lacking in the case; that if the
miscreants were acting in good faith they would call to dismiss the
case and investigate CT; emails from SE regarding lack of
jurisdiction; that CF is engaging in intimidation; emails from KDD that
CF’s book should be published by Dell Comics. (50 emails)
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 7
7/29/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Reviewing Proof of Claim and Cost of Corruption Bills.
SYKES BLOG – COST OF CORRUPTION; 8.00 $300.00/hr 2,400.00
Emails to and from ND ILL BK that Attorney Bussee filed his
appearance; emails from KDD that the first amendment is under
attack by the miscreants; emails from KDD to CF to joing in
dismissing the Sykes Probate for lack of jurisdiction; email from JMD
to CF to dismiss the proceeding for lacking jurisdiction; emails
regarding similarities between Wyman and Sykes; emails regarding
elder abuse cases; that even if the case is dismissed for lack of
jurisdiction, CT must file an accounting; KDD emails on Greylord and
parallels to the Sykes case; emails regarding publication of
declarations from GJS and the elderly sisters to show the Sykes
Probate court clearly lacks jurisdiction and CF and AS should be
calling for its dismissal; emails between SE and GS regarding
references to two houses and what to call them; email from AZ who
thought that CF threatening her was a very desperate action; the key
right now to is get investigation going; email to CF regarding GJS and
the home and what was in it; (46 emails)
7/29/2012 JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and CF regarding lack of jurisdiction in the
Sykes case and missing gold coins; regarding filing a Petition to
Dismiss regarding Sodini notices; emails to and from GJS and KDD
regarding a Motion to dismiss; emails to and from KDD regarding the
Greylord scandal; emails regarding proper procedure for citations;
emails regarding directing others to the blog for reference to torts
against GJS and Mary; JMD drafting such a motion for the blog;
emails regarding the Schwartz case and Attorney M. Soto; emails
regarding case Schlieper; emails that the table of torts and missing
documents makes everything much easier; emails regarding abuse
of process and malicious prosecution; emails that GJS received no
citation to discover assets and it was not properly served by a
Special Process Server; that GJS hired an Indiana Attorney–R.
Bussee to help her out; emails to calm GJS down; reviewing West
law caselaw from KDD: hearing burden of proof, In regarding Baker,
Procedure on the Petition; emails regarding freezing assets in
Indiana; perhaps the authorities in Indiana in that jurisdiction should
be contacted regarding lack of jurisdiction and lack of a citation to
recover assets; that there is no conflict in a case where jurisdiction is
lacking; emails regarding docket sheet; emails regarding the
citation to discover assets; emails bet. KDD and CF; emails to CF
regarding motion to dismiss/nonsuit; emails regarding the Motion to
Dismiss/Nonsuit; (48 emails)
7/30/2012 JMD MARY G SYKES BLOG 6.75 $300.00/hr 2,025.00
Preparing Motion to Dismiss/Non-suit for Attorney Farenga and
assembling exhibits thereto; publishing Cost of Corruption Bill on
blog; preparing numerous blog posts to Law Clerk Zhou.
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 8
JMD SYKES BLOG – COST OF CORRUPTION 7.50 $300.00/hr 2,250.00
Emails to and from work done by TL; that CF should call for an
honest investigation and file a Motion to Dismiss Sykes; emails from
KDD regarding denying Mary her liberty, property, civil right and
human rights; that what CF and AS are doing is wrong, very wrong;
emails to GJS to file the Motion to Dismiss if CF does not; emails
that GJS did not like the wording of the declarations; that the judge
had wrote”too late to contest jurisdiction”–which is not true; Judge Stuart never
made sure GJS, Jo or Yo were served with Sodini Notices; that on p
60, line 18 and following the court enters its ruling colding CT in
contempt of court; that we need to publish more transcripts; that a
court acting without jursidiction is a clear and present danger to all;
emails regarding the Nov 18, 2009 motion setting the hearing on
petition for Dec , 2009; that both GAL’s know that the court lacks
jurisdiction; (33 emails)
7/31/2012 JMD MARY G SYKES BLOG 5.00 $300.00/hr 1,500.00
Preparing cost of corruption; reviewing FED transcript and post and
sending fax to IAG including the table of torts and table of missing
files; preparing 4 posts and Motion to Dismiss/Non-suit for Attorney
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and GJS regarding the non inventory of the
gold coins; emails to GJS to calm her down; fax to Presiding Judge
Evans; emails to Moosey regarding lack of jurisdiction in Sykes
case; emails regarding letter to Mr. Moosey; emails to GJS
regarding filing Motion to Dismiss; emails regarding how all of the
serious torts against Mary and GJS could have happened in the US;
publishing Motion for GJS to file; email from KDD to use a Motion to
Dismiss now; emails to GJS that legal documents are not
copyrightable and are not “owned” by anyone; email of documents
from DMV; (53 emails)
For professional services rendered 271.25 $66,114.00
Additional Charges :
7/11/2012 Copy charges for Sykes file. 13.75
7/13/2012 Copy charges of the Sykes File 13.09
7/16/2012 Transcript of court proceedings from Court reporter Sharon Rodrigo for the hearing on 5/11/2012. 40.95
Payment to DMV for Asset search. 36.00
7/17/2012 Postage for correspondence. 0.45
Postage for correspondence. 1.30
Payment to Vimeo, LLC 9.95
Total additional charges $115.49
Total amount of this bill $66,229.49
Previous balance $136,523.33
Balance due $202,752.82
PS–and to all you litigation funding companies out there, I am looking for reputable firms to work with my clients to get them the justice they deserve! Don’t be shy. Help them out.
Current 30 Days 60 Days 90 Days 120 Days
66,229.49 0.00 136,523.33 0.00 0.00
On isolating senior wrongfully by claiming a beloved friend or relative “aggitates them”
One notable thing which is often done in a guardianship is saying that a beloved relative or friend–one that has been a part of family life for years and years, suddenly can no longer see the senior! It’s hurtful and cruel and definitely a pattern in the Sykes case, Wyman case in others.
In Wyman, the isolation on the direction of the abusive father AND the Sharon Rudy and Kim Timmerwilke McKenzie kept the loving, caring children away from mom and knowing that the nursing home was horrific and abusive. Carol Wyman–who was not incompetent at all–then kept a daily diary of the abuse, which included physical beatings and mental abuse by the staff. While she managed to escape (the nursing homes prevent this by using psychotropic drugs not intended for seniors to tranquilize them! John Howard witnessed the staff physically holding down his mother and injecting her with Halodol one day when she wanted to go home!) she had been concealing the fact she was not taking her meds. This was a nightmare, but could have been avoided if heresay, innuendo and bogus standards for keeping these loving, caring children away had never happened. A nightmare.
One type of tort that would provide relief to these seniors is: loss of consortium between parent and child. But there are few cases on this tort in Illinois, and the few that do mention it say that it is not currently recognized because this has to be done by the state legislature.
Ken’s idea is to plead loss of consortium and then combine that to the right of free association in the US and Illinois constitutions to prevent this. I think we can put it in a federal law under the ADA–a law which clearly needs to be expanded to protect the disabled.
Read on: From KDD:
Are we putting our seniors out to die on ice floes or is the nursing home scheme worse?
I don’t know about you, but it was some sort of dark comedy in our family that when they got older we were not to put mom and dad on an ice floe to prevent them being a burden! Once in a while we would hear that, I guess when we were not helping enough around the house. But the other day I was talking to one of my probate victims and she said she had never heard of how Eskimoes (and I know this is some wide paint brush of 100 northern native American and Canadians tribes, so don’t write me on that–got it) would from time to time put grandma or grandpa out on an ice floe. This is called senicide. Invalidicide is where the disabled are left to die or taken out on ice floes. Infantacide I guess is where you just have too many babies, and I won’t get into that one because it was often a mixture of herbs and spices to induce premature births, abortions, early induced deliveries, the place where the local socially charmed ladies worked (every town had them, so please don’t act shocked, every archeologist knows about it), etc. That’s enough for volumes and volumes. And of course, my mom having a love for archeology, knew well about the practice, reading thousands of books on world cultures.
But getting back to senicide and invalidicide, aren’t we doing that to some extent by knowingly obtaining guardianships and then tossing these people into nursing homes for their money or government money, knowing they are understaffed, knowing the food and medical care is horrid, knowing that separates themselves from the love and comfort of their families–isn’t this just a strange form of the senicide ice floe game? We also know that the average elder tossed in a nursing home lives 3 more years while the average person at that age kept at home lives 7 years or more!
So why don’t we have mechanisms in place to stop all this nonsense, evil and greed? How do we justify it?
Read below for more information based upon or inspired by an article from the Straight Dope
Did Eskimos put their elderly on ice floes to die?
This is based upon or inspired by an article done by Cecil Adams of the Straight Dope
May 4, 2004
Urban Legend: Eskimos put elders out on ice floes to die.
According to the straight dope, some Eskimos did either intentional or by forces of nature, when times were difficult, put their infirm elders on ice floes to die. He theorized that pressure from missionaries and national authorities brought a firm end to the practice. Last reported case was in 1939, but the practice appeared to be very rare.
The term for killing old people is “senicide” and it was never universal. Many people found the practice repugnant even among the Eskimos. Since Eskimos hunted, and there was an abundance of wildlife, periods of famine were rare. But when food did run short, infirm elders were killed in a variety of ways, thrown into the sea, buried alive, locked out in the cold or starved. Sometimes the whole village would pick up and leave without the victim. At other times they were taken out into the wilderness and left there. If the village was returned to prosperity, he might be rescued–or not. An abandoned person was always welcomed that made it back on their own, but that rarely happened.
Many times the senicide was more like assisted suicide because the elder felt a burden and offered to become abandoned. It was theorized that a better lifetime awaited someone who was led to death rather than caused it himself, hence the need for someone to lead or push them onto an ice floe or abandon them out in the wilderness. Assisted suicide was more common. By pain, fear, grief, infirmity, it was not uncommon for an elder or infirm to ask to be put to death, and the person(s) asked felt an obligation to assist, even if they did not want to do so.
So the ice floe legend may not be completely accurate, but it’s still not far afield.
It may have come from the movie The Savage Innocents (1959) starring Anthony Quinn or the novel it was based on, Top of the World (1950) by Hans Ruesch. Cecil said he just read the book and found two scenes of interest. In one, the mother-in-law Powtee is put out on the solid sea ice to die, only to be rescued soon after. In the other, the wife Asiak walks across the sea ice to drown herself in the open water. At the edge, a piece of ice breaks free under her weight and she floats along on this small ice floe briefly before drowning herself.
Also practiced was invalidicide (the killing of sick or disabled people). The sick received care as long as there was any hope of recovery. When hope faded, care ceased and they were left to die.
In good times, a healthy elder was almost never killed or abandoned merely for being a burden. In the few recorded cases where younger family members did kill their elders without cause, the would suffer the worst possible punishment available which was shunning, much akin to what the Amish and Mennonite cultures practice even today. Of course, shunning in northern Alaska/Canada could mean you were cut off from the village too, which might guarantee death without tools or shelter to live, or it might shorten your life span markedly.
I suppose many of us have kids that from time to time threaten us with picking out a nursing home and how that is better than the ice floe. But a good comeback is that even the Eskimos will never put out an elder that is providing money, food and housing.
“Senilicide and Invalidicide among the Eskimos” by Rolf Kjellström in Folk: Dansk etnografisk tidsskrift, volume 16/17 (1974/75)
“Notes on Eskimo Patterns of Suicide” by Alexander H. Leighton and Charles C. Hughes in Southwestern Journal of Anthropology, volume 11 (1955)
Eskimos and Explorers, 2d ed., by Wendell H. Oswalt (1999)
also, from widkipedia—
Societal views and legal repercussions have varied greatly in regards to senicide.
Focusing on “old people”, van Hoof in 1990 writes that, of the 960 cases he explores, 87 address the motives of old people to commit suicide. Of these suicides, twenty were motivated by impatience, seventeen by humiliation, twelve by vanity, and ten by suffering. Van Hoof also provides statistics for the manner of the suicide, both successful and unsuccessful. Starvation was the most widely used, accounting for eighteen of the sixty-one cases available. Suicide via the use of weapons was second most prevalent making up thirteen cases, followed by the use of poison in eleven cases. The use of various methods (seven different methods are reported in all) suggests that no particular technique was believed to be the most proper or entirely condemned. However, that Athens had a law focusing on suicide by hanging indicates that this manner of suicide was especially disdained, perhaps because the death was intimately connected with a structure that could not be easily removed, such as a tree. Thus, the act of purification, should it be deemed necessary, would be more difficult to perform.
Ancient Greece & Rome
Senicide as an institutionalized practice, however, seems to be much less common in ancient Rome and Greece. Parkin provides eighteen cases of senicide which the people of antiquity believed to happen. Of these cases, only two of them occur within Greek society, one within Roman society, and the rest falling outside of these two cultures. One example that Parkin provides is of the island of Keos in the Aegean Sea. Although many different variations of the Keian story exist, the legendary practice may have begun when the Athenians besieged the island. In an attempt to preserve the food supply, the Keians voted for all people over sixty years of age to commit suicide by drinking hemlock. The other case of Greek senicide occurred on the island of Sardinia, where human sacrifices of fathers seventy years old were made by their sons to the god Cronus.
The case of institutionalized senicide occurring in Rome comes from a proverb stating that sixty year olds were to be thrown from the bridge. Whether or not this act occurred in reality was highly disputed in antiquity and continues to be doubted today. The most comprehensive explanation of the tradition comes from Festus writing in the fourth century AD who provides several different beliefs of the origin of the act, including human sacrifice by ancient Roman natives, a Herculean association, and the notion that older men should not vote because they no longer provided a duty to the state. This idea to throw older men into the river probably coincides with the last explanation given by Festus. That is, younger men did not want the older generations to overshadow their wishes and ambitions and, therefore, suggested that the old men should be thrown off the bridge, where voting took place, and not be allowed to vote.
Religious views of senicide
The societies of antiquity viewed suicide and euthanasia much differently than does modern culture. Although factors such as better medical and psychological insight have affected contemporary society’s view of suicide and euthanasia, much of the shift in opinion of these forms of death occurred because of the change in religion — that is, Greco-Roman society was dominated by pagan religions that did not categorically condemn suicide and euthanasia.
Modern Christianity does not support the practice of suicide or senicide, holding that only God has control over a person’s life and death.
Philosophical views on senicide
Ancient philosophical thoughts varied greatly in this respect. Plato bifurcates suicide in Laws: although killing oneself out of grief, misfortune, or state injunction is acceptable, to commit suicide “owing to sloth and unmanly cowardice” requires purification rituals and demands that the body be buried without an epitaph.
Aristotle viewed suicide as an unjust act: “when a man in violation of the law harms another (otherwise than in retaliation) voluntarily, he acts unjustly.” Thus, for a man to harm himself, Aristotle reasons, is an unjust act.
Pythagorean doctrine held that all creatures were being punished by the gods who imprisoned the creatures’ souls in a body. Thus, any attempt to alter this punishment would be seen as a direct violation of the gods’ wills. In the fourth century BC, the Hippocratic Oath was developed and reads, “I will not give a fatal draught to anyone if I am asked, nor will I suggest any such thing.” Through the lens of the Hippocratic Oath, euthanasia was strictly forbidden. However, one of the most famous examples of deviation from this code occurred when the physician of Seneca, a philosopher and tutor of Nero, provided the scholar, who was sixty-nine at the time, with poison for one of his many failed attempts at suicide.
Senicide by culture
The Heruli were a Germanic tribe during the Migration Period (about 400 to 800 CE). Procopius states in his work The Wars, that the Heruli placed the sick and elderly on a tall stack of wood and stabbed them to death before setting the pyre alight.
Senicide is currently practiced in Tamil Nadu, a state of India. The traditional practice of senicide by the family members is called Thalaikoothal. In this custom, the elderly person is given an extensive oil-bath early in the morning and subsequently made to drink glasses of tender coconut water which results in renal failure, high fever, fits, and death within a day or two.  In 2010, after an expose in Virudhunagar district, the administration set up teams of officers to monitor the senior citizens.
A common belief is that the Inuit would leave their elderly on the ice to die. Senicide among the Inuit people was rare, except during famines. The last known case of an Inuit senicide was in 1939.
Ubasute (姥捨, abandoning an old woman), a custom allegedly performed in Japan in the distant past, whereby an infirm or elderly relative was carried to a mountain, or some other remote, desolate place, and left there to die. This custom has been vividly depicted in the The Ballad of Narayama (a 1956 novel by Shichirō Fukazawa, a 1958 film, and a 1983 film).
20 Great Cases assembled by atty Ditkowsky and links to FAQ re Guardianships
The following case summaries are from Ken – if you are looking for cases for pleadings.
1. Matter of Mackey’s Estate
Appellate Court of Illinois, Third District. June 18, 1980 85 Ill.App.3d 235
Eighty-six-year-old woman appealed judgment entered in the Circuit Court, LaSalle County, James L. Waring, J. P., in incompetency proceeding appointing guardians for her person and her estate. The Appellate Court, Alloy, P. J., held that: (1) jury’s verdict that 86-year-old woman was in need of guardian over her estate was not against manifest weight of evidence; (2) new Probate Act governed incompetency proceedings; (3) failure to inquire into possibility of limited guardianship, to enter written finding setting forth factual basis for appointment of guardians, failure to set forth duration of guardianship and to inquire as to incompetent’s own preference of guardians did not require reversal; (4) erroneous issues instructions did not constitute reversible error; (5) erroneous jury verdict form did not require reversal. Affirmed.
…On the basis of these findings, the court appointed Roy Mackey as guardian of the person of Nellie Mackey and the Union National Bank of Streator as guardian over her estate….
…(e) The court shall give due consideration to the preference of the disabled person as to a guardian in its appointment….
2. Estate of Barr
Appellate Court of Illinois, First District, First Division. March 31, 1986 142 Ill.App.3d 428
Sister of 44-year-old man brought action to have him adjudicated disabled and for appointment as plenary guardian of his person and estate. The Circuit Court, Cook County, Richard E. Dowdle, J., entered the order, and the man appealed. The Appellate Court, Campbell, J., held that: (1) evidence did not support appointment of plenary guardian over the man’s person and estate, but (2) appointment of limited guardian over his estate was warranted. Affirmed in part, reversed in part, and remanded with instructions.
… On January 17, 1983, petitioner, Linda Horwitz, filed a petition pursuant to the Act to have respondent adjudged a disabled person due to mental illness and to be appointed guardian over his person and estate….
… However, we do not find that the evidence supports the trial court’s appointment of plenary guardian over respondent’s person and estate….
3. In re Estate of Silverman
Appellate Court of Illinois, First District, Second Division. December 21, 1993 257 Ill.App.3d 162
Guardians. Treating physician’s report was sufficient to justify dismissal of petition for appointment of guardian.
… The guardian may be appointed for the person or the estate, or for both the person and the estate, depending upon the circumstances….
…On October 2, petitioner filed a petition for the appointment of a temporary guardian over respondent’s person and estate, claiming that this was necessary because a hearing was scheduled in three days to consider a petition to probate respondent’s late wife’s will….
4. In re Estate of Hickman
Appellate Court of Illinois, Fourth District. January 31, 1991 208 Ill.App.3d 265
Petition was filed for appointment of personal guardian for 80-year-old woman who had been diagnosed as suffering from early stage of Alzheimer’s disease. The Circuit Court, Vermilion County, Thomas J. Fahey, J., entered order denying petition, and petitioners appealed. The Appellate Court, Lund, P.J., held that personal guardian should have been appointed based on evidence that, due to her progressive memory failure, respondent was totally incapable of making personal and financial decisions. Affirmed in part; reversed in part and remanded.
… The court entered an order appointing petitioners temporary guardians of respondent’s person and estate….
…Perhaps the most convincing evidence indicating respondent’s need for a personal guardian comes from the physicians who have examined her….
5. In re Estate of Johnson
Appellate Court of Illinois, First District, Second Division. March 02, 1999 303 Ill.App.3d 696
FAMILY LAW – Guardians. Appointment of aunt rather than father as guardian of disabled person was within court’s discretion.
…In Bania, the trial court appointed separate individuals to act as the guardian of person and guardian of the estate….
…Here, as in Bania, the trial court made separate appointments for guardian of the disabled person and guardian of the estate of the disabled person….
6. In re Guardianship of Austin
Appellate Court of Illinois, Fourth District. June 10, 1993 245 Ill.App.3d 1042
Guardian and Ward. Circuit court was within its discretion in limiting authority of guardian to consent to administration of psychotropic medications to wards.
…Office of State Guardian (OSG) petitioned for appointment of limited guardians of person and plenary guardian of estate respecting 14 allegedly disabled persons….
… In contesting its appointment as guardian of the estates, OSG cites several cases in which proof of the incompetency of a person for whom guardianship was sought was at issue on appeal….
7. In re Malloy’s Estate
Appellate Court of Illinois, First District, Fifth Division. May 22, 1981 96 Ill.App.3d 1020
Petition was brought for the appointment of a guardian of the estate and person of a 78-year-old woman. The Circuit Court, Cook County, Walter P. Dahl, J., entered orders finding the woman to be a disabled person and appointing plenary guardians, and she appealed. The Appellate Court, Mejda, J., held that: (1) notice of appeal, which incorrectly stated dates of orders but which sufficiently articulated substance of orders so that appellee was informed of nature of relief sought, was not fatally defective; (2) under rule requiring filing of notice of appeal within 30 days of entry of final judgment, notice of appeal was timely where filing occurred 32 days after court’s written order and the two days immediately preceding filing were a Sunday and a holiday; (3) although petition for appointment of guardian did not contain report on disability as required by statute, court had jurisdiction over alleged disabled person where summons was properly served upon her; (4) where alleged…
…The court then appointed a temporary guardian of appellant’s estate….
…Petition was brought for the appointment of a guardian of the estate and person of a 78-year-old woman….
8. In re Estate of Bennett
Appellate Court of Illinois, Second District. March 19, 1984 122 Ill.App.3d 756
Wife petitioned for appointment of plenary guardian over her disabled husband, asking that she be appointed guardian. The husband’s mother and sister cross-petitioned, requesting that one or both of them be appointed as limited guardians. The Circuit Court, Kane County, John A. Krause, J., found the husband to be a disabled person in need of a limited guardian, and appointed his mother and sister as limited coguardians, and wife appealed. The Appellate Court, Unverzagt, J., held that: (1) trial court properly exercised its discretion in selecting mother and sister as limited coguardians after giving due consideration to husband’s preference; (2) appointment of a limited guardian, rather than a plenary guardian, was not against the manifest weight of the evidence; (3) appointment of disabled husband’s mother and sister as coguardians did not constitute an abuse of discretion; and (4) trial court’s order finding husband, who suffered a…
… The petitioner asked that she be appointed plenary guardian for Harold’s person and his estate….
…The petitioner has presented three issues for review: (1) whether the trial court failed to exercise its discretion in selecting a guardian for the respondent; (2) whether the finding that a limited guardian was needed was against the manifest weight of the evidence and whether the appointment of the cross-petitioners as guardians was an abuse of discretion; and (3) whether the order establishing the limited guardianship was vague….
9. Galvin’s Estate v. Galvin
Appellate Court of Illinois, First District, First Division. February 07, 1983 112 Ill.App.3d 677
Appeal was taken from the Circuit Court, Cook County, Walter Dahl, J., which denied petition for appointment of guardian of estate and person of respondent. The Appellate Court, Goldberg, J., held that: (1) trial court’s finding that respondent was not incompetent was not manifestly against the weight of the evidence, and (2) trial court did not abuse its discretion in refusing petitioner’s offer to call cousin of respondent for examination. Affirmed.
…A trial court is mandated to adjudicate a person incompetent and appoint a guardian only when the alleged incompetent is “not fully able to manage his person or estate ***….
…Because trial court observes the witnesses its finding on question whether person is incompetent requiring appointment of guardian will not be disturbed unless holding is manifestly against the weight of the evidence….
10. In re Estate of Johnson
Appellate Court of Illinois, Fifth District. October 01, 1991 219 Ill.App.3d 962
Appeal was taken from order of the Circuit Court, Madison County, Ellar Duff, J., which appointed state guardian as limited guardian and awarded some attorney fees. The Appellate Court, Goldenhersh, J., held that: (1) evidence supported appointment of state guardian, and (2) persons who brought the petition were entitled to attorney fees. Affirmed as modified.
… However, petitioners were at least somewhat successful in that the trial court determined respondent did need some assistance in managing his affairs and, therefore, appointed the Bank of Edwardsville as guardian of respondent’s estate and also appointed the State Guardian as limited guardian over respondent’s person….
…” It also appointed Patricia Penelton as guardian of the person of respondent, but reserved the issue of who should be appointed guardian of the estate, and ordered a complete psychological evaluation of respondent….
11. Matter of Langford’s Estate
Appellate Court of Illinois, Fourth District. June 27, 1977 50 Ill.App.3d 623
In proceeding on a petition for appointment of conservator, the Circuit Court, Macon County, Frank Gollings, J., denied relief and petitioner appealed. The Appellate Court, Hunt, J., held that evidence, including medical testimony that person had had or still had schizophrenia and that person expressed intention to liquidate his entire estate and give it all to religious organization, without desire or plan to support himself except through his ministry, established that he was incapable of managing his estate and that conservator should have been appointed. Reversed and remanded with directions.
…After hearing evidence, the court appointed William R. Mattson as temporary conservator of the person, and the Central National Bank of Mattoon as temporary conservator of the estate….
…This is an appeal from an order of the circuit court of Macon County denying a petition of Walter E. Billerman, petitioner-appellant, for the appointment of a conservator over the person and the estate of James Langford, an alleged incompetent, respondent-appellee….
12. Matter of McPeak’s Estate
Appellate Court of Illinois, Fifth District. September 23, 1977 53 Ill.App.3d 133
Son filed petition for appointment of conservator for his 81-year-old mother, respondent, alleging that she was incompetent and incapable of managing her person and estate because of old age and deterioration of mentality. Following a bench trial, the Circuit Court, Hamilton County, Harry L. Zeigler, P. J., entered order granting petition, and respondent appealed. The Appellate Court, Eberspacher, J., held that: (1) to simply establish certain disabilities was alone insufficient to support determination of incompetency; (2) evidence also had to show respondent’s incapability of managing her person or estate, but record was barren of any such evidence; (3) in that regard, unsubstantiated opinions of petitioner’s witnesses that respondent was not capable of taking care of herself or her affairs, without any reasons given for such conclusions, would not support adjudication of incompetency and (4) fact that respondent had not personally appeared in courtroom on day of…
…Son filed petition for appointment of conservator for his 81-year-old mother, respondent, alleging that she was incompetent and incapable of managing her person and estate because of old age and deterioration of mentality….
…To simply establish certain disabilities is alone insufficient to support determination of incompetency, for purposes of appointing conservator; evidence must also show alleged incompetent’s incapability of managing her person or estate. S.H.A. ch. 3, §§ 11-2, 11-4….
13. In re Schmidt
Appellate Court of Illinois, Second District. September 01, 1998 298 Ill.App.3d 682
HEALTH – Mental Health. Trial court did not abuse its discretion in appointing disabled woman’s husband as her guardian, over expressed wishes of other family members for appointment of woman’s sister.
…In appointing Tom as Cindy’s guardian, the court noted that the issue then before it was the appointment of a suitable person as guardian….
…Brother of accident victim filed petition to be appointed guardian of her person, alleging that victim was disabled adult….
14. In re Estate of Doyle
Appellate Court of Illinois, Fourth District. November 10, 2005 362 Ill.App.3d 293
FAMILY LAW – Guardians. Statute requiring hearings to be held within 30 days of filing petition for guardianship was directory, not mandatory.
…A court may appoint a guardian of an estate when it finds that the ward is incapable of managing her estate and it is in the best interests of the ward that the petitioner be appointed….
… The decision of a competent principal to appoint an agent cannot be overcome by simply appointing a guardian of the person’s estate….
15. Matter of Conservatorship of Browne
Appellate Court of Illinois, Third District. February 24, 1976 35 Ill.App.3d 962
Petition was filed to remove respondent from his position as conservator of an elderly individual’s estate. The Circuit Court, Rock Island County, Robert M. Bell, J., denied petition, and petitioner appealed. The Appellate Court, Stouder, J., held that neither conclusion of an attorney that elderly individual was incapable of handling her business affairs nor unsubstantiated statements of two doctors to effect that it was in best interest of individual to have a conservator appointed was sufficient to establish that individual was so incompetent as to require the appointment of a conservator for her estate. Reversed and remanded with directions.
…Evidence was also presented that at the January 30 hearing on the petition for appointment of conservator no medical testimony was given and no guardian ad litem was appointed….
…The Appellate Court, Stouder, J., held that neither conclusion of an attorney that elderly individual was incapable of handling her business affairs nor unsubstantiated statements of two doctors to effect that it was in best interest of individual to have a conservator appointed was sufficient to establish that individual was so incompetent as to require the appointment of a conservator for her estate….
16. Williams v. Estate of Cole
Appellate Court of Illinois, First District, Fourth Division. August 13, 2009 393 Ill.App.3d 771
Evidence was insufficient to establish that mother was a disabled person, in action to adjudicate mother incompetent.
… Petitioner asked the court to appoint Harris, N.A. as plenary guardian of Ms. Cole’s estate, and to appoint petitioner as guardian of Ms. Cole’s person….
…Evidence was insufficient to establish that mother was a disabled person, in action to adjudicate mother incompetent and appoint a guardian; two physicians, both who had recently examined mother, found that she exhibited no cognitive disabilities or mental conditions, and that she was well-adjusted and capable of managing her own personal and financial decisions. S.H.A. 735 ILCS 5/2–619(a)(9); 755 ILCS 5/11a–2, 5/11a–3(a)….
20. In re Estate of Ohlman
Appellate Court of Illinois, First District, Second Division. February 22, 1994 259 Ill.App.3d 120
Mental Health. Guardian ad litem should have been appointed for mentally disabled person who requested to proceed without counsel.
… The Probate Act of 1975, which governs proceedings for appointment of guardians, defines a disabled person as a person who “is mentally ill *** and who because of his mental illness *** is not fully able to manage his person or estate.” …
…Office of State Guardian petitioned for appointment of guardian for mentally disabled patient….
I have heard more than one person seem to get confused over the standards for appointment of a guardian. First of all, there has to be a medical diagnosis. Hence, the need for a CCP 211 petition where an MD must state what the mental disease or defect is. For the elderly, it is often dementia. For younger people, it can be Down’s Syndrome, multiple chromosomal deficiencies, etc.
It is my belief you cannot appoint a guardian for someone without a mental disease or defect. And I’m not too sure that the borderline psychological diagnoses such as hoarding, phobias, fears, etc. are enough.
If you look at the Probate Act, there should be a diagnosis AND a determination that the person is incapable of handling her or his own affairs by clear and convincing evidence. The recent In re Tiffany case tightens the legal standard of “clear and convincing” to “no reasonable doubt.”
This does not mean the person has made some bad decisions. Most people from day to day make at least a few bad decisions. Nor is the standard “utterly incapable” of managing one’s own affairs of the person or financial estate.
But it starts with a diagnosis of a mental disease or defect. If you have that, then you inquire further.
A good website I recently found on all of this is at the Illinois Public Guardian’s offices at:
Office of the Public Guardian for Cook County
Office of the State Guardian for Illinois
both of these pages have quite a bit of good information for guardians.
20 Great Cases assembled by atty Ditkowsky and links to FAQ re Guardianships
The exciting Transcript from the Wyman Hearing
Link to court hearing Transcript Wyman Motion to Dismiss 092812.
One of the exciting items we have been waiting for is the transcript from the Wyman case — or the hearing where I argued there were no Sodini notices served on the adult children and siblings of Ms. Winifred Carol Wyman and therefore the court lacked jurisdiction since July 6, 2009 when it held a hearing without proper notices being served.
As you will recall, my client and his brother were left standing out in the hallway of the courtroom asking why the Hearing on Powell Wyman’s Petition for Hearing had been stricken from the court calendar. It was noticed for July 9, 2009. They had not received notice at all!
See the excuses by SRR and KMT and see if justice has been done.
We are now onto an emergency appeal of this court’s decision and I will keep you timely apprised of all documents filed, so you can even do this yourself.