Purging Records is an old Cook County tradition. When I first
became a lawyer the Court house was the old County Building. On Floor 3
1/2 like clockwork every single year there were two fires – one on the
County side and one on the City side. Each years at approximately the
same time the fires occurred and they were confined to one of the two
floors.
Today a purge can occur with the click of a mouse!
In these Elder Abuse cases like Sykes there is a great deal at
stake. Do your realize that you, I, Gloria, and various assorted
relatives will be giving evidence of the United States of America as to
the contents of the safety deposit box. As Mary was declared
incompetent without a hearing and without the Sodini protections the
probate court lacked jurisdiction and once again Stern, Farenga, and
Toerpe are out a limb! If I take your money without your permission
with the intention of exercising control over the same I commit ‘theft!’
As a million dollars in assets is unaccounted for we have a very
serious felony. Aiding and Abeting is not looked upon fondly – in fact
law enforcement usually charges the Aider and Abetters.
The Sykes case is ‘big league’ stuff. It is the lynch pin that
keeps if pulled will bring down a great deal of incentive for the
depriving of grandma of her liberty, property, civil and human rights.
Do you think for a minute that without the ‘money in the mattress’ and
the contents of the safety deposit box **** would have any interest in
Mary Sykes!!
May passing the written test administered by the Illinois Secretary
of State could put Dr. Shaw out of business and cause severe economic
hardship to a bunch of GALs and other “judicial officials”. I refer to
the Sykes case as the ‘son of Greylord” because it is another chapter
in the infamous history of Cook County, Illinois.
-KEN DITKOWSKY
A very important point that this blog keeps reminding its readers
is that NO SODINI NOTICES were given when the petition was filed.
Ken goes is more details:
However, the important aspect of the Sodini protections (172 ILL
App3d 1053) is the actual notice to the close relatives and the
providing the alleged disabled person with the knowledge of her rights.
This was not done and any judge examining this file ought to have
dismissed the proceeding and as the rights are so important pursuant to
Himmel reported this matter to the ARDC and demanded that the attorneys
who ignored such vital and important steps be appropriately disciplined.
This is especially the case since the
lack of Jurisdiction has been repeatedly pointed out to the court and
the GAL’s and ignored. All should be disciplined. Jurisdiction is an
US Constitutional and Illinois Constitutional and due process right that
cannot be ignored. It is fundamental to a democratic society. (JoAnne
Denison)
The 3rd aspect of the Sodini is the most important – notification
of the alleged disabled person and the close relatives. This is
important as it prevents the ambush of the alleged disabled person and
makes certain that at the very least the close relatives have the
opportunity to present a defense. For instance, Dr. Patel refused to
sign the CP 211 (certificate of incompetency). The close relatives
could have confronted Toerpe, Stern and Farenga with the fact that Mary
passed a written examination administered by the Secretary of State,
etc. Instead there was an ambush and as Mr. Stern reported, he,
Farenga and Troepe just agreed that Mary was incompetent and they and
the Court willy nilly deprived her of her liberty, property, civil
rights and property rights. This is not what the statute
contemplates. The Statute reads:
§ 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section 11a-8, the
court shall set a date and place for hearing to take place within 30
days. The court shall appoint a
guardian ad litem to report to the court concerning the respondent’s
best interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be required
when the court determines that such appointment is not necessary for
the protection of the respondent or a reasonably informed decision on
the petition. If the guardian ad litem is not a licensed attorney, he or
she shall be qualified, by training or experience, to work with or
advocate for the developmentally disabled, mentally ill, physically
disabled, the elderly, or persons disabled because of mental
deterioration, depending on the type of disability that is alleged in
the petition. The court may allow the guardian ad litem reasonable
compensation. The guardian ad litem may consult with a person who by
training or experience is qualified to work with persons with a
developmental disability, persons with mental illness, or physically
disabled persons, or persons disabled because of mental deterioration,
depending on the type of disability that is alleged. The guardian ad
litem shall personally observe the respondent prior to the hearing and
shall inform him orally and in writing of the contents of the petition
and of his rights under Section 11a-11. The guardian ad litem shall also
attempt to elicit the respondent’s position concerning the adjudication
of disability, the proposed guardian, a proposed change in residential
placement, changes in care that might result from the guardianship, and
other areas of inquiry deemed appropriate by the court. Notwithstanding
any provision in the Mental Health and Developmental Disabilities
Confidentiality Act or any other law, a guardian ad litem shall have the
right to inspect and copy any medical or mental health record of the
respondent which the guardian ad litem deems necessary, provided that
the information so disclosed shall not be utilized for any other purpose
nor be redisclosed except in connection with the proceedings. At or
before the hearing, the guardian ad litem shall file a written report
detailing his or her observations of the respondent, the responses of
the respondent to any of the inquires detailed in this Section, the
opinion of the guardian ad litem or other professionals with whom the
guardian ad litem consulted concerning the appropriateness of
guardianship, and any other material issue discovered by the guardian ad
litem. The guardian ad litem shall appear at the hearing and testify as
to any issues presented in his or her report.
(b) The court (1)
may appoint counsel for the respondent, if the court finds that the
interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon respondent’s request or if the respondent takes a position adverse to that of the guardian ad litem. The
respondent shall be permitted to obtain the appointment of counsel
either at the hearing or by any written or oral request communicated to
the court prior to the hearing. The summons shall inform the respondent
of this right to obtain appointed counsel. The court may allow counsel
for the respondent reasonable compensation.
(c) If the
respondent is unable to pay the fee of the guardian ad litem or
appointed counsel, or both, the court may enter an order for the
petitioner to pay all such fees or such amounts as the respondent or the
respondent’s estate may be unable to pay. However, in
cases where the Office of State Guardian is the petitioner, consistent
with Section 30 of the Guardianship and Advocacy Act,1 where an elder abuse provider agency is the petitioner, pursuant to Section 9 of the Elder Abuse and Neglect Act,2
or where the Department of Human Services Office of Inspector General
is the petitioner, consistent with Section 45 of the Abuse of Adults
with Disabilities Intervention Act, no guardian ad litem or legal fees
shall be assessed against the Office of State Guardian, the elder abuse
provider agency, or the Department of Human Services Office of Inspector
General.
(d) The hearing may be held at such convenient place as the court directs, including at a facility in which the respondent resides.
(e) Unless he is
the petitioner, the respondent shall be personally served with a copy of
the petition and a summons not less than 14 days before the hearing.
The summons shall be printed in large, bold type and shall include the
following notice:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship petition
asking that you be declared a disabled person. If the court grants the
petition, a guardian will be appointed for you. A copy of the
guardianship petition is attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge’s name and phone number is:
If a guardian is appointed for you, the guardian may be given the
right to make all important personal decisions for you, such as where
you may live, what medical treatment you may receive, what places you
may visit, and who may visit you. A guardian may also be given the right
to control and manage your money and other property, including your
home, if you own one. You may lose the right to make these decisions for
yourself.
You have the following legal rights:
(1) You have the right to be present at the court hearing.
(2) You have the right to be represented by a lawyer, either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons to hear your case.
(4) You have the right to present evidence to the court and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an independent
expert to examine you and give an opinion about your need for a
guardian.
(6) You have the right to ask that the court hearing be closed to the public.
(7) You have the right to tell the court whom you prefer to have for your guardian.
You do not have to attend the court hearing if you do not want to
be there. If you do not attend, the Judge may appoint a guardian if the
Judge finds that a guardian would be of benefit to you. The hearing will
not be postponed or canceled if you do not attend.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT
A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE
GUARDIANSHIP PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN
OF IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR
COME TO COURT AND TELL THE JUDGE.
Service of summons and the petition may be made by a private person 18 years of age or over who is not a party to the action.
(f) Notice of the
time and place of the hearing shall be given by the petitioner by mail
or in person to those persons, including the proposed guardian, whose n
ames and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing. IL ST CH 755 § 5/11a-10
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