Dear Readers;
One of the things I have noted by listening to dozens and dozens of probate case is, as in the Sykes Probate case, the court seldom or never asks the following questions to properly attain jurisdiction over the Respondent (alleged disabled person).
One of the things I have noted by listening to dozens and dozens of probate case is, as in the Sykes Probate case, the court seldom or never asks the following questions to properly attain jurisdiction over the Respondent (alleged disabled person).
Illinois law requires 1) the Petitioner 2) must serve written notice (by mail or personal delivery) to 3) close relatives (defined as adult parents, children AND siblings) 4) informing each of the date, time and place of the hearing 14 days in advance. Service must also be made upon the alleged disabled, 14 days in advance and the summons and warnings have to be in large, bold type.
If this is NOT done, it is a serious and fatal flaw, and the case MUST BE DISMISSED OR NON SUITED, and the Petitioner and court MUST START OVER.
So, how do you do that? With an emergency motion. An emergency motion is one that is defined as one that is not on the court’s regular calendar and was not served with notice either 2 business days in advance when served by personal delivery or 7 days when served by regular mail. The court does not currently accept email service, but many litigants and attorneys don’t mind or they prefer email service and that’s okay–as long as you have a written agreement to that effect.
If this is NOT done, it is a serious and fatal flaw, and the case MUST BE DISMISSED OR NON SUITED, and the Petitioner and court MUST START OVER.
So, how do you do that? With an emergency motion. An emergency motion is one that is defined as one that is not on the court’s regular calendar and was not served with notice either 2 business days in advance when served by personal delivery or 7 days when served by regular mail. The court does not currently accept email service, but many litigants and attorneys don’t mind or they prefer email service and that’s okay–as long as you have a written agreement to that effect.
But an Emergency Motion is entirely appropriate for someone living under a guardianship where every day of freedom counts. That means all you have to do is file with the clerk’s offices, drop off that pleading with the court (bring a stamped courtesy copy for the judge to the court room and put it on the docket there) the day before, fax or email it the day before and bingo, you should be able to get relief in court the very next day! Be sure to let the Respondent know, and any attorneys that have filed an appearance. The attys can be served by email or fax, but confirm with a phone call and tell them it’s very important to get over to court ASAP. Generally, with a filing like this one, the judge will be asking to get on the phone any atty that has not showed up and s/he will wait for them to show.
Jurisdiction is a very serious matter folks, and it leads to malpractice suits against all the attorneys involved, the guardian ad litem and even the judges. Jurisdiction has to be fixed swiftly and immediately.
for the link to a PDF version of the form:
https://docs.google.com/open?id=0B6FbJzwtHocwaWU1aFBZRjUtbDQ
for the link to the WPD version of the form
https://docs.google.com/open?id=0B6FbJzwtHocweGwwemJ6cEw1NUU
for the link to an RTF version of the form:
https://docs.google.com/open?id=0B6FbJzwtHocwREt4ZS1LQ0dHYmM
This woman is a scam artist that claims to be an attorney. She has been disbarred for fraud, malpractice, and many other things. Do not support this woman. She will claim her case is up for appeal, but that is not true. There is no appeal, this has been ruled on several times. She is a disgusting human being, to try to steal from an old woman. Her real name is Joanne Marie Denison, and she attempts to practice law (still) illegally in Illinois. This is all public on the ARDC website. She also claims to be an arm chair psychologist in people's homes (without a license), and a mechanical engineer (without a degree). The truth is, she is corrupt and is now trying to blame everyone that disagrees with her or dares to tell her she is insane. Do not buy her book or read her blog.
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