Mr.Robert J Moossy
I am disappointed by the cavalier dismissal of
the Request
for an honest investigation of what is reputed to be the worst of the
‘dirty
little secrets’ that plague the elderly in the United States. Yes,
these cases emanate from the Probate
Courts; however, so did the Gulag cases the emanated out of Soviet
Russia. The National Socialists were also used the ‘probate
courts’ to eliminate troublesome people.
The appeal was made to your office because in spite of the
Government Accounting Office report of September last to Congress the arrogance
of the miscreants who prey on the elderly has grown bolder. Literally hundreds of senior citizens are
herded into guardianships that are designed to deprive them of the liberty,
property, human and civil rights. The
Mary Sykes case is a pregnant example.
The case defies logic and leaves even the casual observer wondering: “how
could this happen in America?’
The facts are very straightforward. Mary at 90 years old (plus or minus a year
or so) was taken by her elder daughter to a lawyer, and when she emerged her
estate plan that divided her estate equally between her two daughters now favored
the elder daughter. I realize that
such a situation is SOP but it did not end at that point. Mary in an effort to right a routine family
situation set for a series of events that are now infamous, to wit:
1) Order of Protection. In early Spring of 2009 she discovered that the elder daughter was finding Mary’s
assets before they were lost. Mary made
an effort to remediate the situation, but was unsuccessful. She applied to the Courts for an order of
protection. Circuit Court of Cook County personnel helped
her and a petition was filed. The
older daughter appeared and some ‘Greylord’ appearing events occurred. The long and short was that the Petition was
never heard, the lawyer appointed for Mary never appeared, and the case was transferred
to the Probate Court where it was never heard.
2) Petition for Guardianship. In the Spring of 2009 (approx. April) the
older daughter applied in the Circuit Court to be appointed Guardian of her
mother. The Illinois statutes are a
model. To protect the alleged
incompetent person the statute requires that the petition list all the close
relatives of the alleged incompetent and 14 days prior to a set hearing on the
issue for guardianship the close relatives have to be notified of the
proceeding. In addition special warnings
and other protections are set out in the statute so that the alleged
incompetent is not ambushed. These
include the appoint of a guardian ad litem, and even the appointment of an
attorney for the alleged incompetent.
Unfortunately, the statutory criterion was ignored[1]. In Approximate December according to an
e-mail sent by one of the GALs the appointment of a plenary guardian was accomplished by the
agreement between the two guardian ad litem and the now plenary guardian older
sister. The Judge is reported in
transcripts to have made some very disappointing statements that have caused
this situation to be named: “The son of
Greylord.” The case of Sodini ______________________ deems these simple steps to be
jurisdictional. Thus to reiterate, the
Court record reveals a petition that is defective, no 14 days’ notice, no return of the notice,
and admissions by the GAL of non-compliance.
3. Guardian ad litem. Case after case reveals the situation in
which guardian ad litem are active thwarting any application of the statutory
protections mandated to be afforded the elderly and any inquiry by outside
interests. In simple terms, if there is vulnerable elderly person with
some money to loot a small cadre of Guardian ad litem are on the scene to aid
and abet the taking of the liberty, property and civil rights of the elderly
person. Thus, in what was inventoried
as a garden variety estate, two GALs were appointed. These two guardian ad litem were unusually
active in thwarting any effort by close relatives to object to the railroading
of Mary Sykes into the loss of her liberty and property. The record is replete with their highly
unusual (or what should be highly unusual antics). As examples:
·
The victim (Mary Sykes) was almost totally
isolated from her younger sister (aged 80 plus) her younger daughter, her
church, her garden club, and every activity that made her unique and alive.
·
A safety deposit box (in her name and her
daughters) was drilled and all the contents were removed. The contents included but not limited
thereto to ‘double eagles’ and other gold coins, jewelry, cash. (Ms. Gloria Sykes ‘ affidavit is attached
hereto and made part hereof as exhibit 1)
No one dime of these assets has been inventoried and today the guardian
ad litem and the guardian ad litem claim the estate is down to its last
dollars.
·
Intimidation.
The guardian ad litem’s actions toward the younger daughter are
demonstrative.
o
Knowing that the younger daughter after
protracted litigation received a generous settlement of a hazard insurance
claim, Guardian ad Litem Cynthia Farenga asserted that the funds were stolen
from Mary. Thereupon, a temporary
restraining order was entered without bond – and it appears without a verified
petition or hearing.
o
Denial of visitation with Mary
o
Threats to attorney of loss of law license[2]
o
Threats of sanctions. (By
in large the threats have been successful.
Gloria Sykes has been unable to keep a lawyer employed. Her lasted lawyer is from Indiana and even
he received a telephone call reasonably calculated to discourage him)
·
The most disturbing aspect of these cases is the
GALs are successful in creating the façade that everything is fine. The affidavit of Mr. Scott Evans is
attached hereto and made part hereof as exhibit 2. The GALs did not report:
o
Unusual expenditures by the plenary
guardian. With the recession in full
swing, and with her husband unemployed, an expensive wedding on the horizon,
and retirement imminent the plenary guardian engaged in very expensive remodeling
of her home.
o
Unusual number of trips by ward to the emergency
room
o
Non-inventory of approximately a million dollars
in estate assets
o
Lack of hearing on the order of protection and
in particular the appointment of the respondent in the order of protection
proceeding sans the jurisdictional protections of statute.
o
Admission of neglect by plenary guardian
4) Court proceedings.
The statutory mandates are intended to protect the elderly, however,
even a casual observer would note that Mary Sykes and her younger daughter have
been denied even basic protections. The
younger daughter was hauled into Court on a citation. Of course the citation was never served on
her, and the protections afforded to citizens denied her. Little criterion such as a verified
petition, service of documents etc. are all absent; however, an order of Court
appears as an extraneous document providing for the issuance of a discovery
citation. The Illinois courts because
of the invasion of privacy have limited the jurisdiction on these probate
citations – except in the Sykes case.
In that case the protections afforded citizens have been ignored and the
younger daughter was chained and threatened.
No there was no water boarding – it was not needed! The lack of jurisdiction and the denial of
basic civil rights was totally ignored.
A Circuit Court Judge supervised the atrocity.
After the Court was able to extract the information that was
necessary to impoverish the younger daughter and thusly prevent her from
continuing her quest to free her mother the Court Illinois issued an order on
an Indiana financial institution to freeze the younger daughters funds. When this gambit did not induce the younger
daughter to cease and desist in her quest to exercise her rights as an “American
citizen” under color of statute the
Circuit Court order the younger daughter evicted from her home and the plenary
guardian removed from the younger daughter’s belonging documents and paper that
might prove embarrassing. The younger
daughter is still resisting, but is not
superman and cannot stand up to this “Gulag” without law enforcement doing an
honest, complete and comprehensive investigation.
Unfortunately, this situation is not unique and as the GAO
report indicates hundreds of similar cases are occurring right now across the
United States of America. Law
enforcement holds meetings and seminars seeking a solution to the ‘son of
greylord’ and the America Gulag, but, today they have been impotent and the
excuses are the name of the game! A
society in which the elderly are the new
‘Jews’ of the 2012 holocaust cannot survive.
Thank you for your help and indulgence. Democracy is not a spectator sport.[3]
Cc: Honorable Mark
Kirk
Durbin, Madigan, Chicago tribune, New York time, Wall
street journal, Chicago sun times
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