caregiver convicted of second-degree murder

Riverside caregiver convicted of second-degree murder in death of disabled stroke victim


Jurors spent roughly three days deliberating before finding 38-year-old Rebecca Marie Perez-Welch guilty of the murder count.

By Staff, City News Service

Thursday, February 24, 2011 comment print page text size

A Riverside caregiver whose neglect and abuse of a 70-year-old mentally disabled stroke victim led to the woman’s death was convicted today of second-degree murder and other charges.

Jurors spent roughly three days deliberating before finding 38-year-old Rebecca Marie Perez-Welch guilty of the murder count, as well as elder abuse and a sentence-enhancing great bodily injury allegation in the April 12, 2007, death of Joann Phillips.

Perez-Welch, who began sobbing quietly after the eight-woman, four-man jury’s verdicts were read, faces 15 years to life in prison. Sentencing is scheduled for March 28 in the courtroom of Riverside County Superior Court Judge Bernard Schwartz.

Meantime, a separate jury was continuing to deliberate the fate of the woman’s ex-husband, who was prosecuted on the same charges. Jurors in the case of Timothy James Welch, 41, went behind closed doors on Feb. 15, but were not in session Friday or Monday.

Perez-Welch’s panel went out at the same time, but was not in session Friday, Monday or Wednesday. The jury announced it had reached a decision immediately after deliberations resumed this morning.

Deputy District Attorney Burke Strunsky told both juries in his closing statement last week that over a seven-month span during which Phillips was under the couple’s supervision, she was never taken to a doctor despite vomiting black liquid and losing weight rapidly.

According to Strunsky, the defendants were state-certified caregivers who began assisting Phillips in 2004, earning about $2,500 a month under the In-home Supportive Services program administered by the Riverside County Department of Public Social Services.

In 2006, Phillips — who had the capacity of a 4-year-old child — suffered a stroke and was left partially paralyzed. Her condition was too much for her brother, David Allred, to manage, so the defendants arranged to move her into their house at 10262 Cook St. in what Strunsky described as an illegal relocation.

The prosecutor alleged that over the ensuing months, Phillips was neglected, starved and beaten.

The last time Phillips was hospitalized in September 2006, she weighed 132 pounds. By the time she died seven months later, she was down to 65 pounds, Strunsky said.

The official cause of death was exsanguination — or catastrophic blood loss.

Perez-Welch’s attorney, Aimee Vierra, told jurors that her client was limited in what she could do for Phillips, over whom Allred had legal guardianship. It was ultimately his responsibility to make decisions regarding Phillips’ medical care, Vierra insisted.

She said doctors at Kaiser Permanente Riverside Medical Center had abandoned pro-active treatment for Phillips, believing the victim was not going to live much longer

Read more:  http://www.swrnn.com/southwest-riverside/2011-02-24/news/riverside-caregiver-convicted-of-second-degree-murder-in-death-of-disabled-stroke-victim

Editor's Note: How many monsters like Perez-Welch are loose and allowed to practice under the leadership of the Probate Court of Cook County? How many deaths of victims like Joann Phillips will it take before these criminals operating under the guise of courts are removed? Lucius Verenus, Schoolmaster, ProbateSharks.com

State Moves to Suspend Lawyer

State Moves to Suspend Lawyer


The Indiana Supreme Court’s Disciplinary Commission filed an emergency petition to suspend the law license of local attorney Daniel E. Serban, citing criminal charges filed against him.

Serban, of Roanoke, faces charges of corrupt business influence, forgery, and two counts of theft. Charged last September, he is accused of failing to distribute money paid into the Serban Law Office’s Trust Account to clients or to those entitled by court order to receive it.

After his arrest, Serban told police some of the money he used to pay off the original client, after he was confronted, had been taken from money put into the trust account for an estate. He told investigators he forged the name of the estate’s personal representative on the check.

Attorneys are required to keep escrow-type accounts where money either coming from or going to their clients will be kept. Those accounts are to be treated with extreme fiduciary care, and attorneys have a strong ethical responsibility to protect that money.

Full Article and Source:

http://www.journalgazette.net/article/20110215/LOCAL03/302159937

State Moves to Suspend Accused Roanoke Lawyer

Editor's note: Ft. Wayne residents are astounded by this article.  This fraud and forgery is an everyday event in the Probate Court of Cook County. Worse yet, most of it is covered up by "machine politics" and is rarely punished.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Shattered Sun Valley Group Blames Hype

Shattered Sun Valley Group Blames Hype



Two weeks after one of Arizona's largest fiduciary firms abruptly announced it was closing, its owner told a Superior Court judge that media-fueled hype about its practices was to blame.


Death threats, costly legal bills and untenable insurance hikes forced the company to cease operations, according to a motion Friday by lawyers for the owner of the Sun Valley Group.

Sun Valley has for 15 years been among the private fiduciaries appointed by the Maricopa County Probate Court.

On Friday, his [Owner Peter Frenette's] attorneys told the court that the company originally planned on shutting down over the next eight months as a result of "significant business strain" from defending itself from frivolous lawsuits, "inaccurate and abusive media reports" and death threats to employees that resulted in an inability to staff cases.

Lawyers wrote that long-term plan was disrupted Jan. 28 when Sun Valley learned that its insurance would be canceled and that premiums were to increase nearly seven times their historical rates.

"An immediate shutdown became inevitable," Sun Valley lawyers wrote. "The insurance issue was the straw that broke (Sun Valley's) business back."

Full Article and Source:

http://www.azcentral.com/arizonarepublic/business/articles/2011/02/20/20110220sun-valley-shuttered-fiduciary-blames-hype.html

Shattered Sun Valley Fiduciary Blames Hype

Editor's note: Readers, keep in mind that these Probate Court of Cook County criminals operate within the law, corrupt as it is.  Attack their insurance and you cut off the water to their plant. Leaves wither, the stalk droops and the plant dies. It is working in Arizona and it will work in Chicago! Send a letter to your persecutor's insurance carrier elaborating the problems you are having along with documentation.  Lucius Verenus, Schoolmaster, ProbateSharks.com

ELDER ABUSE AND NEGLECT ACT

ELDER ABUSE AND NEGLECT ACT



Act 20. Elder Abuse and Neglect Act (Refs & Annos)

20/13. Access

§ 13. Access.

(a) In accord with established law and Department protocols, procedures, and policies, the designated provider agencies shall have access to eligible adults who have been reported or found to be victims of abuse, neglect, financial exploitation, or self-neglect in order to assess the validity of the report, assess other needs of the eligible adult, and provide services in accordance with this Act.

(b) Where access to an eligible adult is denied, the Office of the Attorney General, the Department, or the provider agency may petition the court for an order to require appropriate access where:

(1) a caregiver or third party has interfered with the assessment or service plan, or

(2) the agency has reason to believe that the eligible adult is denying access because of coercion, extortion, or justifiable fear of future abuse, neglect, or financial exploitation.

(c) The petition for an order requiring appropriate access shall be afforded an expedited hearing in the circuit court.

(d) If the provider agency has substantiated financial exploitation against an eligible adult, and has documented a reasonable belief that the eligible adult will be irreparably harmed as a result of the financial exploitation, the Office of the Attorney General, the Department, or the provider agency may petition for an order freezing the assets of the eligible adult. The petition shall be filed in the county or counties in which the assets are located. The court's order shall prohibit the sale, gifting, transfer, or wasting of the assets of the eligible adult, both real and personal, owned by, or vested in, the eligible adult, without the express permission of the court. The petition to freeze the assets of the eligible adult shall be afforded an expedited hearing in the circuit court.

320 ILCS 20/13

Editor's note: We urge our readers who believe that their loved one is being financially exploited either during their guardianship proceedings, or by their court-appointed guardian, to contact Lisa Madigan at the Office of the Attorney General. Request that the Attorney General petition for an order freezing the assets of the ward, and request that an investigation be conducted.

LISA MADIGAN'S OFFICE INVESTIGATES CASEWORKER FRAUD

LISA MADIGAN'S OFFICE INVESTIGATES CASEWORKER FRAUD


The following can be found on Attorney General Lisa Madigan's website:

http://illinoisattorneygeneral.gov/pressroom/2011_02/20110215b.html

February 15, 2011

MADIGAN: DHS CASEWORKER ARRAIGNED ON CHARGES IN
ALLEGED KICKBACK SCHEME

Chicago — Attorney General Lisa Madigan today announced that an Illinois Department of Human Services (IDHS) caseworker was arraigned on fraud and official misconduct charges for allegedly bilking the state out of thousands of dollars.

Margarita Lopez, 45, of Chicago pleaded not guilty today in Cook County Circuit Court to one count each of Wire Fraud, Mail Fraud and Intimidation, and two counts of Official Misconduct for her role in a scheme to defraud taxpayers by fraudulently enrolling family and friends in an IDHS caretaker program in order to receive kickback payments from them. Lopez is currently on administrative leave.

“Ms. Lopez’s acts cheated not only the taxpayers who fund the programs she was entrusted to manage but also those who rely on these vital state services.” said Attorney General Madigan.

Lopez’s responsibilities at IDHS included assisting disabled and physically incapacitated individuals find caretakers to help them in their homes. These caretakers, known as personal assistants, are paid an hourly rate by IDHS based on the timesheets they submit to the agency. Lopez allegedly enticed several family members and friends to split with Lopez money they received for work they never performed as personal assistants. In certain cases, Lopez supplied individuals with names of fictional patients and fictional medical conditions. Several witnesses told a Cook County grand jury last month that they split checks they received from the state with Lopez. Investigators found that the witnesses’ testimony was backed up by bank records indicating that Lopez deposited a total of $13,075 into her checking accounts from December 2008 through June 2009.

All of the charges are Class 3 felonies punishable by two to five years in the Illinois Department of Corrections. Lopez is free on a personal recognizance bond. Judge Art Hill set her next court appearance for March 16, 2011.

The investigation was conducted by Attorney General Madigan’s Public Integrity Bureau with assistance from IDHS and the Office of the Executive Inspector General. Assistant Attorney General David Navarro is handling the case for Madigan’s Public Integrity Bureau.

Editor's Note: We at ProbateSharks applaud Ms. Madigan for this crackdown. We sincerely hope she pays the same diligence to alleged financial exploitation of the elderly and disabled by a group of people associated with guardianships in the Cook County Probate Courts.

"Granny Snatching" Probate Case is About Far More Than Money

Sunday, February 20, 2011


CT Probate Case About Far More Than Money

Mary Gennotti, age 82, remarried her estranged husband in February 2009. At the time she was suffering from a brain tumor and advanced dementia. She signed her marriage license with an X. She would be dead within a month.

The odd ceremony was just part of a sequence of events involving his sister that didn’t make sense to New London retiree Robert Jetmore. Now he and Gennotti’s younger son, Robert, are trying to figure out what exactly happened to Mary.

They are hardly the only ones who are interested. A Connecticut author, Ron Winter, who has published a book called “Granny Snatching,” has blogged about the case. Articles critical of the probate system’s handling of it have appeared on several well-read Connecticut web sites. Additionally, the Office of the Attorney General is looking into the matter.

And it’s become something of a crusade for New Britain attorney Sally Roberts, who is representing Jetmore and Robert Genotti pro bono. “With greed in the family, when people die, the worst comes out,” Roberts said.

“There is an obvious stench about the whole matter,” Roberts said. “It does not pass the smell test.”

Full Article and Source:  http://www.ctlawtribune.com/getarticle.aspx?ID=39623

Probate Case is About Far More Than Money

Editor's note: Our Research Sharks are investigating several cases of "Granny Snatching" in the Probate Court of Cook County.  We only wish AG Madigan would also get on board and go after these criminals in black robes who allow this travesty to happen...again and again...  Paraphrasing attorney Roberts, Cook County Probate Court also smells... “There is an obvious stench about the whole matter,” Roberts said. “It does not pass the smell test.”

Complaint filed against Cook County judge

Complaint filed against Cook County judge


Illinois Judicial Inquiry Board accuses Douglas Simpson of attempting to influence case involving an acquaintance
By Cynthia Dizikes, Tribune reporter


9:40 p.m. CST, February 18, 2011

http://www.chicagotribune.com/news/local/ct-met-judge-misconduct-20110218,0,7628756.story


The Illinois Judicial Inquiry Board filed a complaint Friday against a Cook County judge that alleges he tried to influence a court case involving a businessman he knew.

Associate Judge Douglas J. Simpson, who was appointed to the bench in 2005, could face a reprimand, suspension or dismissal.

According to the complaint, Simpson improperly interfered with the court case last Sept. 23 when he interrupted the judge handling the case to tell him that the businessman was a "good guy."

The judge stood up, prompting Simpson to say he wasn't asking him to do "anything improper," the complaint said. Simpson later apologized, said he "regretted" his actions and asked the undisclosed judge to disregard their conversation.

Simpson then tried to talk the judge out of going to court officials, the complaint alleged.

The board accused Simpson of conduct prejudicial to the administration of justice.

Simpson's attorney, William Harte, acknowledged Friday that his client had "made a mistake." But Harte said disciplinary action was unnecessary, pointing out that Simpson tried to correct his actions almost immediately.

"As soon as he discovered what he had done, he got back to the judge and said, 'Just forget about my meeting with you,'" Harte said. "He realized that he had done something that was not appropriate, and he sought to end it there."

cdizikes@tribune.com
 
Editor's note:  Your ProbateShark sees this incestuous relationship between Judges, GALs and health care providing companies occuring on a daily basis on the 18th Floor.  Lucius Verenus, Schoolmaster, ProbateSharks.com

People of AZ 1; Corrupt courts 0

Sonoran Alliance Post - The Courts vs. The People

http://sonoranalliance.com/2011/02/18/the-courts-vs-the-people-round-1-the-people/

courthousesteps
February 18, 2011 at 11:56 am
Categories: Uncategorized

Be sure to read this post from Sonoran Alliance. Looks like probate reform won round one!

THE COURTS vs. THE PEOPLE Round 1: THE PEOPLE!

The Arizona State Legislature was busy as bills had to be heard in their chamber of origin by the end of the week. Among them, the competing versions of attempts at probate reform.

DAY ONE: SB1499 sponsored by Sen. Adam Driggs, R-LD11, the product of the court committee on probate reform. The committee, made up entirely of judges, attorneys and fiduciaries and without even one public member, was charged with “reform” after the press began to report the travesty of justice experienced by many who have entered the hallowed halls of the courts. Sen. Driggs said in testimony that “85% of cases go well, but we only hear about the 15% that don’t.”


An observer in the audience had this to say,

85% compliance is good if you are among the 85%. But if our murder rate was 15% would they find that acceptable?”

Jon Kitchel said in testimony,

SB 1499 is full of feel-good language but does very little to improve the system.”

Kitchel, identified himself before the Senate Committee on Public Safety and Human Services as an attorney who “does not represent fiduciaries but works for wards”.

Amy Love, lobbyist for the courts, spoke to the merits of the bill and was followed by Justice Ann Timmer who expounded on certain aspects. They were followed by Susan Bitter-Smith, lobbyist for the Elder Law attorney group and Jay Polk who support the bill.

Then the people spoke. And spoke. And spoke.

Mothers, fathers, brothers, sisters, sons, and daughters, and Kitchel spoke in opposition. The reality of the courts played out before the committee that seemed very confused at the completely different perceptions portrayed between the court spokespersons and thepeople who actually have lived through the process.

Admittance of hearsay as sufficient evidence to keep a family in a costly legal battle for almost 2 years without an evidentiary hearing or an investigative report.

Court ordered physician evaluations when an existing evaluation exists, multiple doctors surveyed before a singular finding of incapacitation is rendered, with that evaluation used for the purpose of the court.

Refusal of the court to uphold established directives. Legal Trusts, Powers of Attorney, Medical Powers of Attorney, and other legal directives are discarded with the courts inserting paid, private fiduciaries instead at the cost of millions to estates.

Extreme cost of restoring one’s rights or to request a change of fiduciary. The fiduciary may use the funds from the ward’s estate to maintain and defend their position.

Detrimental care of wards under a fiduciary when families are legally restricted from contact with the ward.

The final speaker shook the committee and the crowded, standing room only audience. Clair Di Pardo was named guardian in her mother’s directives, only to be dismissed by the court and replaced by Sun Valley Group (SVG). Ms. Di Pardo showed photos of her mother just prior to being placed in a care home at the order of SVG. Restricted from visiting her mother because of her objections to the placement, four months went by without seeing her mother. When she did, what she found was horrifying. Showing photos of her mother’s condition to the committee, an inches large stage four bed sore that had invaded tissue to the bone and another on her heel that was turning black with no antibiotics are pain medicine being given in the care home. Septic and dying, she had to be hospitalized to recover. The cost of this care, $500,000.

In attempting to have her mother released from the court, she has had 9 judges or commissioners in 31 months.

Members questioned Ms. Di Pardo then requested Judge Timmer return. Clearly confused as to how the system could allow such a condition to occur, Sen. Gray asked the judge to explain. Judge Timmer said she was aware of the case and gave some explanations such as judicial rotation.

Then the vote…To a person the committee agreed the bill was insufficient and did not go far enough, stated the information they had heard from the public was compelling and demanded further review of need, and requested input from the public for the future of the bill to be successful in meeting that need. The bill passed with only Sen. Landrum-Taylor voting no due to her belief the bill was seriously flawed in meeting the needs of the court and to protect the public.

DAY TWO: HB2424, the product of a cooperative effort of legislators, private citizens, attorneys for wards, and input from the courts and other stakeholders. Sponsored by Rep. David Smith, R-LD7, this bill is opposed by those that support the Senate bill.

Amy Love, on behalf of the court, asked the committee to stop this bill and support the Senate bill.

The testimony of citizens, all impacted by the current implementation of the law, proceeded. Many of the same issues were raised as in the Senate committee, however people spoke in support of HB2424 and to the remedies it provides.

The final speaker was Brad Lund. The grandson of Walt Disney, at the age of 40 he is fighting to avoid being placed under the care of a guardian after a disgruntled distant family member filed the action with the courts. He stated his battle has gone on for 16 months, no evidence of need has ever been offered, hearsay is the only evidence ever submitted to the court, no court investigation has ever been filed, and to date no doctor has ever declared him to incapacitated. When asked by House Judiciary Chairman Rep. Eddie Farnsworth about the cost of his legal defense, Mr. Lund answered, “Over a million dollars.”

Farnsworth concluded as he voted referencing the courts objections,

"We do not make laws for the people who do the right thing but for those that don’t. There are bad actors in this process and we need to protect the people from the abuses we have heard today.”

The bill passed the House with 8 “Ayes” and 1 “Present” by Rep. Tom Chabin

Editor's Note: The "bad actors" in the the corrupt Probate Court of Cook County, be they judges or minions, BEWARE.  Your private little criminal enterprise is becoming public and you shall be punished by the law of the people as were the bandits in Arizona.  Lucius Verenus, Schoolmaster, ProbateSharks.com

MICKEY ROONEY has been granted a temporary restraining order against his stepson CHRISTOPHER ABER.

MICKEY ROONEY has been granted a temporary restraining order against his stepson CHRISTOPHER ABER.

http://www.contactmusic.com/news.nsf/story/mickey-rooney-made-a-prisoner-by-stepson-says-lawyers_1202365


MICKEY ROONEY has accused his stepson of verbally abusing him and meddling in his finances, according to the Press Association. The Hollywood actor's lawyers say Rooney has become a "prisoner in his own home". A Los Angeles judge has approved a restraining order against Mr Aber, requiring him to stay at last 100 yards away from the 90-year-old actor and his home. Court documents allege that Rooney's stepson has prevented the actor from leaving the house, forced him to sign documents against his will and withheld food and medicine. The order also allows Rooney's legal team to secure his financial assets and obtain control of his website and any personal documents. The Hollywood actor, who has received four ACADEMY AWARD nominations, said in a statement, "All I want to do is live a peaceful life, to regain my life and be happy. I pray to God each day to protect us, help us endure, and guide those other senior citizens who are also suffering".

Rooney, who has continued to work in film despite his age, was presented with an honorary OSCAR in 1983 for his contribution to cinema.

Contactmusic.com

Priest investigated for elder abuse steps aside

Priest investigated for elder abuse steps aside

Chicago Tribune

Editor's Note: Updated link 2-13-2011 to Chicago Tribune. This case get worse each time I see it.
Lucius Verenus, Schoolmaster, ProbateSharks.com

http://www.chicagotribune.com/news/religion/ct-met-priest-sidebar-20110213,0,1724689.story

Editor's Note:  Updated link 2-14-2011 to Court Docket...in case any sharks want to see who the players are in this theft. Don't give up as it takes a bit of time to load.

http://www.cookcountyclerkofcourt.org/?section=CASEINFOPage&CASEINFOPage=4210&PLtype=1&Ncase=2010P005924

Editor's Note:  Updated link to Chicago Tribune 2-14-2011
http://www.chicagotribune.com/news/religion/ct-met-priest-20110213,0,7448099.story

http://www.chicagotribune.com/news/local/breaking/chibrknews-chicago-priest-rev-thaddeus-dzieszko-investigated-for-elder-abuse-steps-aside-20110213,0,2273713.story

The Cook County public guardian obtained a September 2010 medical examination which drew on Krzemien's patient charts and a doctor's interview and concluded ...

A popular Chicago priest is stepping aside from his parish responsibilities as authorities examine the circumstances under which he became trustee of an elderly parishioner's home last year.

Rev. Thaddeus Dzieszko, pastor at St. Constance Roman Catholic Church on Chicago's Northwest Side, has not been accused of wrongdoing in any court proceeding, and he told the Tribune the property transaction was completely innocent.

The case stems from April, when 93-year-old Waleria Krzemien signed papers transferring her home to a land trust with Dzieszko as the trustee. The trust documents say the home would belong to Krzemien during her lifetime but pass to Dzieszko upon her death.

There are sharp disputes about whether Krzemien was mentally competent when she signed the trust and deed papers.

The Cook County public guardian obtained a September 2010 medical examination which drew on Krzemien's patient charts and a doctor's interview and concluded that she had suffered from dementia for years and “totally lacked capacity to sign legal documents" in April.

Dzieszko told the Tribune that Krzemien's mental health was excellent until she suffered two strokes months after signing the legal papers. In April, "she was a very open-minded, happy person. She was able to remember everything with good memory," Dzieszko said.

In October, a Cook County probate judge signed an order appointing the Cook County public guardian to represent Krzemien and safeguard her assets. Judge Lynne Kawamoto's order said Krzemien was "the subject of [an] elder abuse investigation due to allegations of financial exploitation."

Days later, Dzieszko signed two deeds relinquishing any interest he might have in Krzemien's home. The matter is now being reviewed by the Cook County state's attorney's office, according to government officials involved in the case.

Dzieszko's decision to step aside from his responsibilities at St. Constance, pending the outcome of the investigation, came after a Tribune reporter interviewed him about the disputed trust. He remains the pastor of the parish.

Church law prohibits any priest from exploiting a parishioner's trust for personal gain, and the Chicago archdiocese issued a statement saying it "will continue to work with and cooperate with the civil authorities in this matter."

dyjackson@tribune.com

Sun Valley Group Closes One Door, Opens Another

http://nasga-stopguardianabuse.blogspot.com/

Press Release
FOR IMMEDIATE RELEASE
February 7, 2011
Contact: Kim Owens
(602) 689-9449

Sun Valley Group Closes One Door, Opens Another

New name, same address, and ownership


February 7, 2011-Phoenix, ARIZONA – After multiple news accounts detailing the alleged abuse and financial exploitation by Sun Valley Group (SVG), the owner’s Heather and Peter Frenette filed an emergency action with Judge Rosa Mroz requesting the company’s cases be turned over to Entrust Fiduciary Services of Yuma. The request was submitted late last week to Judge Mroz and the last attorney of record on each case. SVG will cease to operate at the end of this month. Sources disclosed the embattled company had lost its insurance coverage and was unable to secure a replacement. SVG is requesting all cases in their care be assigned to Entrust Fiduciary Services of Yuma.

The courtroom of Judge Mroz was filled with an overflow crowd of families and attorneys as case by case was brought forward. Each case was asked if they would be filing an opposition to the request of reassignment. Many attorneys related they were noticed of the hearing late Friday and were unable to make contact with family members to determine their desire. A majority of cases voiced opposition to the reassignment suggestion of SVG with objections raised to the number of new cases given to a single provider in such a short timeline, the concern of families to the media reports on SVG, and desire for family members to replace the paid, private fiduciary.

As SVG makes plans to close in the shadow of abuse allegations, Heather Frenette has already started a new business. Despite informing Judge Mroz the Frenette’s would be relinquishing their fiduciary license, the new business Desert Care Management, advertises services on the company’s website that “provides a superior level of Care Management services in Arizona to persons with cognitive impairments, physical disabilities, developmental disabilities and mental illness.”
 
Editor's Note: Can you imagine if some of the crooked corrupt Cook County care management companies followed the AZ example and started the same crap?  Could you imagine 50 protesting families crowding to the Judge Beula's 18th floor courtroom? Hmmmm... What about "lost its insurance coverage"???  It may be worth contacting the insurance carriers for some of these Cook County Probate Court favorites.   Lucius Verenus, Schoolmaster, ProbateSharks.com

Removing a Bad Guardian

Removing a Bad Guardian


Once the Cook County Probate Court appoints a guardian, it may be a very difficult process to have that guardian removed, especially if corruption was apparent during the guardianship proceedings. Despite proof of violations of the rights of the disabled, financial exploitation, and violations of the Probate Law, it may be very difficult to have a bad guardian removed. Often times, bad guardians are left on the case throughout the remainder of the ward's life, allowing the guardians to continue to deplete the estate with their fees.

However difficult it may be, attempts should still be made to remove the bad guardian. Complaints should be brought to the Guardian ad Litem (if one is appointed) in writing, to the guardian (in writing), and to the judge during each guardianship hearing. Transcripts should be requested for each guardianship hearing in which complaints were brought to the judge. Instructions for obtaining court transcripts may be found in our index to the right.

Complaints should also be made to other agencies as appropriate. The following information may be helpful for you:

The Illinois Guardianship and Advocacy Commission has an interesting website, with links to various state agencies. Their website may be found at:

http://gac.state.il.us/guardfaq.html

The Ilinois Guardianship and Advocacy Commission also have information on the Human Rights Authority: The Human Rights Authority exists to conduct investigations of complaints of violations of the rights of persons with disabilities. Based on early models of a singular regional grassroots program, the Human Rights Authority serves as a statewide framework providing direction and standards for a largely volunteer effort.

In addition, the Illinois Probate Law has a certification requirement for the public guardian. Public Guardians who are not adequately caring for their wards my be reported to their certifying organization. The certification requirement of the law is below:

Sec. 13-1.2. Certification requirement. Each person appointed as a public guardian by the Governor shall be certified as a National Certified Guardian by the Center for Guardianship Certification within 6 months after his or her appointment. The Guardianship and Advocacy Commission shall provide public guardians with professional training opportunities and facilitate testing and certification opportunities at locations in Springfield and Chicago with the Center for Guardianship Certification. The cost of certification shall be considered an expense connected with the operation of the public guardian's office within the meaning of subsection (b) of Section 13-3.1 of this Article.

Please do not give up on your attempts to protect your loved one from abusive guardianship situations which violate the basic rights of the ward. Please continue to advocate for your loved one's rights, as we attempt to do the same.

Signed,

Your ProbateSharks Advocates

FIFTEEN DIRTY TRICKS OF GUARDIANSHIP IN COOK COUNTY

FIFTEEN DIRTY TRICKS OF GUARDIANSHIP IN COOK COUNTY

From our Friends at NASGA (http://www.stopguardianabuse.org/):

Pinellas County Internal Auditor Robert W. Melton lectured at Eckerd College in St. Petersburg on: "Dirty Tricks of Guardianships – The Need for Change."

Here are just 10 of the "dirty tricks," as outlined by Pinellas County Internal Auditor Robert W. Melton taken from Justice for FL Senior's website:

1) Guardian creation of a trust: Remove all oversight by the court as a provision of the trust agreement; guardian becomes trustee; provide that the trustee can do whatever they want at their sole discretion.

2) Sell real estate at lowball price: Use "lowball" valuations as a benchmark; don't list property with Realtors; sell to a land trust, where nobody knows the beneficiary; watch property resold a few months later for a huge increase.

3) Maximize your (or your crony's) profit from investments: Hire money manager for "financial expertise" and let the manager select an investment broker; invest in volatile stocks and trade frequently to generate commissions; if you run up a large gain, don't selectively liquidate over time to pay the taxes but hold a "fire sale" to raise funds all in one day.

4) Undervalue beginning inventory: Have a used-furniture "friend" value a house full of antiques for $3,000; "forget" to put some of the more expensive items on the inventory; "forget" to include a $40,000 certificate of deposit.

5) Pay yourself first: Make payment of guardian and attorney fees the highest priority; disregard mortgage payments and let ward's home go into foreclosure; squirrel away money in the attorney's escrow account for possible future expenses.

6) Maintain guardianship at all costs: Keep family members uninformed; if family members try to become guardian, accuse them of stealing; use the ward's assets for legal fights to retain guardianship.

7) Improper financial reporting: Bury asset-management and brokerage fees as aggregate capital losses "due to market fluctuations"; don't classify disbursements separately; file incomplete or incorrect safe-deposit box inventories.

8) Forced incompetency: Visit assisted-living facilities and establish employee contacts; obtain voluntary limited financial guardianship; if there is money in the estate, do paperwork to force an evaluation of competency; get control over everything and the ward loses all rights.

9) Pay your attorney well: Let attorney bill full rate to shop for a computer and set it up for the ward; let attorneys bill their full rate, even if work is done by a paralegal or assistant.

10) Forget to file federal tax returns: Ensure there is a refund; wait till the ward dies; get check without oversight.

And, we'd like to add a few more of our own observations that we know has worked well by one group of guardians, attorneys, and judges in Cook County:

11) Target senior citizens and disabled young people so that you can attempt to take over guardianship. This can be done by following them home from doctor's appointments and forcing your way into the home to prepare a false assessement for the court; making false promises to the ward so he asks you to be his guardian; getting judges to allow for a removal of a power of attorney so you can access the money instead; accepting money in exchange for illegal changes of beneficiaries on wills, and get named guardian to fend off the rightful heirs; following court cases to watch for large legal settlements for disabled children and adults, then make up stories about the family so you can be named guardian and get the money; and colluding with colleagues who know of disabled people with large estates so you can hone in on the money.

12) Sell properties in closed real estate deals, wherein other interested parties have been disallowed an opportunity to bid on the property. Then you can buy it at half price, and flip it for a quick profit.

13) Tag-team approaches also work well---one guardianship company stalks the elderly and then petitions for temporary guardianship, the temporary guardina then shares an attorney with another guardianship company who will assume plenary guardianship; the plenary guadian then shares that same attorney with the bank, who then agrees not to look for missing money. Of course, the tag-team method can become a little complicated, and having a cooperative judge in the mix assures that the tag-team approach will be successful.

14) Deposit the estate into an OBRA Special Needs Pooled trust, and transfer the ward to one of your friends' public aid nursing homes. Then the estate can be used for the "administrative fees", instead of for care for the ward.

15) If any of these techniques fail, you must not be in with the right group of guardians, who have perfected this exploitation and theft of the wards' estates to a tee. Please contact us---we can tell you who has been successful in these methods.



Signed,

Your ProbateSharks Truthexposers

In Case You Missed It: Channel 15 ABC Investigation

In Case You Missed It: Channel 15 ABC Investigation


courthousesteps
February 8, 2011 at 3:11 pm
Categories: Probate Abuse
URL: http://wp.me/p1e3qW-1k



In case you missed it, Channel 15 ABC news launched an investigation into elder care and the Sun Valley Group. In May, the following was released. Sun Valley Group, once again, is cited as the exploiter and abuser.

Guardianship in Arizona: Elder care or elder abuse?

By: Maria Tomasch

PHOENIX - Many people move to Arizona for the weather and recreation because it's considered a haven for retirees who want to live out their golden years. But something else is happening here - something haunting.

For Clair's mom, Gloria Horrigan, it was a nightmare.

Clair said her mother was taken to a nursing home against her will and not allowed visitors, not even family.

“It's sickening...It really truly is sickening,” said Clair.

It was a struggle for Robert Brown to bring his wife, Rosemary, home.

She was also taken and within a matter of weeks, the family wasn't allowed to see her either.

What happened in both cases started in a Maricopa County Courtroom - right in front of a judge.

Both Rosemary and Gloria had health issues that made it hard on their families.

Families can't force a loved one to get help, but a guardian can.

That's why their cases ended up in probate court, which hears issues on care for vulnerable adults.

The court approved a guardian in both cases. And both times, the guardian was Sun Valley Group of Tempe.

Their website states they offer "support for client's physical, social, emotional and mental health."

As part of their service, Sun Valley Group also took care of Gloria's personal finances.

But Clair said her mom did not get proper medical treatment and her bills weren't paid. Gloria's house went into foreclosure.

“I’m physically sick from seeing what they've done to my mother. My family, my children, everyone has been affected by this,” said Clair.

Rosemary had a similar story. She was depressed and refused medical care.

Her husband Robert needed help, so he said he agreed to let Sun Valley Group take Rosemary when they promised to make sure she got treatment.

But Robert said under the company's care, she never did, so now family friend and doctor, Marge Butler, is Rosemary's guardian.

“The bills were now coming at a ferried pace,” said Marge.

In total, Marge said the family spent over a $100,000. That was for just four months of Sun Valley Group's care.

It ended when the nursing home thought Rosemary was dying. They finally allowed the family to see her.

As for Gloria, Clair said the company seemed much more interested in her mom's money than her health.

Gloria's final bill was just under $500,000 and included charges for an employee to open her mail at $75 an hour.

“They are supposed to be her guardian and are supposed to be like her parents and look out for her best interests,” said Clair.

After repeatedly being turned down for an on camera interview, The ABC15 Investigators went to Sun Valley Group's office.

They asked us to leave.

We then caught up with the owner of Sun Valley, Peter Frenette, at a county courthouse.

He was leaving a probate hearing involving fees from a different case. Even after several questions, Frenette would not comment.

The ABC15 Investigators have found more issues plaguing Sun Valley Group.

Frenette's wife, Heather, is co-owner, but she is being investigated by the Arizona nursing board.

The Maricopa County Sheriff's Organized Crime Unit is also investigating Sun Valley Group.

By state law, both investigations are secret.

We also discovered three multi-million dollar lawsuits filed this year against the company for fraud and racketeering.

Grant Goodman is the attorney for three former Sun Valley Group clients.

“It's more of a criminal enterprise,” said Goodman, “They need to be prosecuted.”

He claimed to find a pattern with these cases.

“They effectively medicate them to such an extent that they really are non-functional,” said Goodman, “And they do that while they're liquidating their assets.”

The three lawsuits also blame probate court.

“The mob isn't this efficient, nor does the mob have the luxury of having a court rubberstamp these proceedings,” said Goodman.

Goodman is not the only one who thinks that way.

Last month, the Arizona Supreme Court issued an Administrative Order to investigate probate court. One of the issues is regulating fees.

Now, Rosemary is back with her family and doing well. She is getting the treatment that she needs.

“We just plan to enjoy life,” said Robert.

Sun Valley Group filed motions to dismiss with the three lawsuits shown in this investigation.

Neither Gloria nor Rosemary has filed a lawsuit.

http://www.abc15.com/dpp/news/local_news/investigations/guardianship-in-arizona%3A-elder-care-or-elder-abuse%3F-
 
Editor's note:  In the near future ProbateSharks.com will be publishing a list of "Sun Valley Group" type care management companies operating with the consent of the Probate Court of Cook County.

The Hits Just Keep On Coming…OR…How to Legally Abuse, Extort, and Violate the Law While Making a Fortune!

The Hits Just Keep On Coming…OR…How to Legally Abuse, Extort, and Violate the Law While Making a Fortune!


courthousesteps
February 8, 2011 at 10:53 pm
Categories: Bill of Rights, Constitutional Law, Human Rights, Probate Abuse
URL: http://wp.me/p1e3qW-1p

The courtroom of Judge Rosa Mroz was standing room only Monday afternoon, February 7th. The benches for the public full of family and attorneys, rows of pew-like wooden seats packed for the main event. Sun Valley Group, the infamous fiduciary, was petitioning the court in an emergency action to allow them to name Entrust Fiduciary Services as the successor in guardianship to their 80 active cases. The motion was filed just a couple of days before, leaving families, attorneys, and the court, once again, jumping through hoops scrambling to make sense of one more Sun Valley disaster.

Sun Valley Group, AKA Peter and Heather Frenette, are no stranger to the court. They are the illustrious fiduciaries that made the story of Marie Long, well…a story. They oversaw the liquidation of the elderly ladies fortune, authorized the use of her funds for a limo to take the octogenarian with dementia, and a few of her closest friends, to a Suns game and then invoiced her for the costly evaluation of the effect of the game on her mood.

It could be said they put the “F” is fiduciary.

Now, they have decided to leave the successful and lucrative careers they so dutifully developed. What have they left as their legacy?

Gloria Horrigan….the photos of bedsores so large that they leave exposed bone are part of the horrific evidence of the abuse she suffered at the hands of the Frenettes. Her family refused admittance to where the once beautiful and lively lady was living. Mrs. Horrigan is $500,000 lighter because of it, her house foreclosed. Care that good isn’t cheap! It must be expensive, since taking the time to actually turn a patient and do basic nursing care to prevent the type of injuries she sustained were not provided for that fee.

Edward Abbott Ravenscroft…a few years of frustration and hundreds of thousands of dollars later the middle aged man has recovered his independence. But not before SVG made their way into his private estate and managed to enrich their lives along the way.

Rosemary Brown…depressed and uncooperative. Her elderly husband thought maybe professional help would do the trick! It was a trick all right…Mrs. Brown was neatly tucked away into one of SVG’s care centers, her family soon not allowed to see her. In four months they sucked up $100,000 and would have taken more but, when they thought Rosemary was dying they called the family. Well, the trick was on them because they got her out of there and she is alive to tell the story today!

Well those days are over! Yepiree…the doors of SVG will close on Feb. 28th.

BUT A NEW ENDEAVOR AWAITS!!!

With the fiduciary gig getting a bit too touchy, and rumors have it uninsurable, such dedicated care givers must find a vehicle to give it to the undeserving public. Enter in Desert Care Management! Same address, same owners…just a little variation on a theme. They’ve tweaked their intended victims…er… clients…from the website:

“Desert Care Management, LLC. provides a superior level of Care Management services in Arizona to persons with cognitive impairments, physical disabilities, developmental disabilities and mental illness.”

If you need references or evidence of their superior level of care, Gloria Horrigan’s photos should suffice
 
Editor's Note:  The creatures inhabiting the 18th floor of the Daley Center use the same tactics of restaffing their bedfellows as does AZ.

Major Fiduciary Firm Is Going Out of Business

Article: Major Fiduciary Firm Is Going Out of Business


courthousesteps
February 8, 2011 at 9:30 am
Categories: Uncategorized
URL: http://wp.me/p1e3qW-1f

Major Fiduciary Firm Is Going Out of Business

Please read the following excerpt discussing Sun Valley Group's illegal and improper actions.

SVG's activities must be continually monitored! Get the word out and forward this story to your family and friends!

The company has been a focus of an ongoing Republic investigation of Maricopa County Probate Court that found some fiduciaries and their lawyers charged fees that drained the life savings of clients. Judges charged with overseeing these cases rarely stepped in to limit or reduce fees, even when vulnerable adults ended up on state assistance programs.

Sun Valley cases examined by the newspaper included a widow who was charged more than $11,500 a month in costs; a millionaire who says Sun Valley fought to stay in control of his finances even after the company agreed to exit his case; and a woman who says that in less than 11 months, Sun Valley sold her mother's family home and ran up $108,000 in fees and legal costs that nearly wiped out her mother's life savings.

Bevy of accusations

Some relatives of wards under Sun Valley Group's care say the company performed needless tasks and created unnecessary legal delays to run up costs. They accused the company of selling off assets without regard to the wishes of their wards.

'It is a victory'

Clair DiPardo, who has been embroiled in a costly two-year legal battle with Sun Valley Group over her mother's care, said she views Sun Valley's demise as good news.

"It is a victory," she said.

DiPardo said the closing of Sun Valley is likely the direct result of publicity and lawsuits filed against the company in the past year, including ones filed on her mother's behalf.

"My suspicion is that now they are going to cash out and run," she said.

Relatives, probate-reform advocates and as many as 40 lawyers jammed a courtroom Monday while presiding Probate Judge Rosa Mroz set dates to determine the fate of Sun Valley clients and cases.

Frenette, who said little during the two-hour hearing, sat behind his lawyers.

He sought to have most of his cases turned over to Yuma fiduciary Lisa Price, who now says that she will be moving her operation to Phoenix.

Read the full article here.

http://www.azcentral.com/arizonarepublic/news/articles/2011/02/08/20110208arizona-fiduciary-firm-closing.html
 
Editor's Note:  There are many "Sun Valleys" within the perview of the Probate Court of Cook County. Long may their demise continue.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Attorney’s law license suspended

Attorney’s law license suspended


By Beth Kramer ekramer@stmedianetwork.com Feb 7, 2011 02:43AM

 A Long Grove lawyer has been suspended from practicing law for one year, according to the Illinois Attorney Registration and Disciplinary Commission.

Donald Pochopien obtained confidential client information relating to a corporate acquisition. He then used that information to purchase and sell stock in that company, according to the ARDC complaint.

Pochopien was a partner in the Chicago law firm McAndrews, Held & Malloy from 1997 to 2006. The firm handles “intellectual property and complex technology matters,” according to its Web site.

Using the insider information, Pochopien bought 14,000 shares of a company in 2006. He then sold those shares for a $134,970 profit, according to the complaint.

Pochopien’s suspension expires in February 2012. He was licensed to practice law in 1988.

Editor's Note:  Perhaps the crooks who inhabit the Probate Court of Cook County should take heed at this attorney's punishment. Hopefully, the inside trading that sells helpless ward's homes at half market value in a few weeks, for their cronies to profit, may cease.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Health care fraud: Not a faceless crime any longer

Health care fraud: Not a faceless crime any longer


ASSOCIATED PRESS
Last Modified: Feb 5, 2011 09:00PM

WASHINGTON — Health care fraud once was a faceless crime. Now it has a mug shot, even a smile.
Medicare and Medicaid scams cost taxpayers more than $60 billion a year, but bank holdups are more likely to get greater attention.

The government wants the public’s help in trying to catch more than 170 fugitives wanted for fraud, so it’s developed a new health care most-wanted list, with its own website — http://www.oig.hhs.gov . Most are dour; some sport smiles.

One name on the list is Leonard Nwafor, convicted in Los Angeles of billing Medicare more than $1 million for motorized wheelchairs that people didn’t need. One person who got a wheelchair was a blind man who later testified he couldn’t see to operate it.

Facing time in federal prison, Nwafor disappeared before his sentencing.

“We’re looking for new ways to press the issue of catching fugitives,” said Gerald Roy, deputy inspector general for investigations at the Health and Human Services Department. “If someone walks into a bank and steals $3,000 or $4,000, it would be all over the newspaper. These people manage to do it from a less high profile position, but they still have a tremendous impact.”

Even though motorized wheelchairs can cost up to $7,000 apiece, Nwafor’s scam was on the low end when compared with others who made the most-wanted list.

Sisters Clara and Caridad Guilarte allegedly submitted $9 million to Medicare in false and fraudulent claims for pricey infusion drugs that were never provided to patients. They are accused of offering cash and other rewards for beneficiaries to visit their clinic in Dearborn, Mich., and sign forms that said they received services that they never got.

An alleged accomplice was arrested in the Dominican Republic recently, but the sisters remain at large.

Scammers “often utilize their ties to a particular community,” said Roy. “They take advantage of ethnic communities based on language barriers or lack of knowledge about how the Medicare system works. These folks are exploiting low-income communities.”

Fugitive Susan Bendigo is accused of billing California’s Medicaid program for $17 million in nursing care, much of which was performed by staffers who weren’t licensed. A registered nurse, Bendigo was the nursing director for a company that provided personnel for home health agencies. Allegedly, she was fully aware that she was required to send licensed nurses to care for patients.

Topping the list are Miami brothers Carlos, Luis and Jose Benitez. Owners of a string of medical clinics, they allegedly scammed Medicare out of $119 million by billing for costly HIV drugs that patients never received or did not need. Authorities say they bought hotels, helicopters and boats before fleeing to Cuba.

The FBI has the marquee most-wanted list, but the Environmental Protection Agency and other federal agencies also maintain their own.

Roy said he hopes this newest list will raise awareness about the importance of combatting health care fraud. Medicare and Medicaid, which provide care for about 100 million people in the U.S., are in serious financial trouble and can’t afford to be hemorrhaging tens of billions a year because of fraud.

Most people go to elaborate lengths to avoid having their scams detected. But there often is a telltale sign.

To document his transactions, wheelchair purveyor Nwafor assembled elaborate paper files, complete with bogus prescriptions and photos of beneficiaries in their wheelchairs. But investigators had a hunch they were on to something when they discovered that most of his customers lived nearly 200 miles away from his Los Angeles-area store.

Editor's Note:   Deputy Inspector General Roy,  please inspect the corrupt Probate Court of Cook County. The Probate Court of Cook County "Community" is ripe with all types of heathcare fraud.  Please contact http://www.probatesharks.com/ and our "Investigator Sharks" will circle and direct you to the perpetrators.  Lucius Verenus, Schoolmaster, ProbateSharks.com

STRUCK v. COOK COUNTY PUBLIC GUARDIAN

STRUCK v. COOK COUNTY PUBLIC GUARDIAN


James T. STRUCK, Plaintiff-Appellant, v. COOK COUNTY PUBLIC GUARDIAN, Defendant-Appellee.

No. 07-2420.

-- November 26, 2007

Before POSNER, WOOD, and SYKES, Circuit Judges.



James T. Struck, Chicago, IL, pro se.

The plaintiff appeals from the dismissal of his suit, which the district court held was outside its jurisdiction.   The complaint alleged that an Illinois state court had appointed a guardian for the plaintiff's mother because she was incompetent to manage her own affairs, and that the plaintiff had asked the court to revoke the guardianship because the guardian was abusing his mother, refusing to let him visit her, and denying him access to her records, mail, and assets.   Turned down by the state court, he brought this suit in federal district court against the Cook County Public Guardian, the public official who had designated the guardian of the plaintiff's mother.   The suit charges violations of both the plaintiff's and his mother's federal constitutional rights.

 The plaintiff is not his mother's guardian and therefore is not authorized to sue on her behalf;  and to the extent that he is seeking appellate review in a federal district court (or in this court) of the decision by the Illinois state court, his suit is barred by the Rooker-Feldman doctrine.   But his complaint, though none too clear (he does not have a lawyer), appears also to be claiming misconduct by the guardian that continued after the judgment in the plaintiff's unsuccessful state court suit.

 And the plaintiff does have a claim on his own behalf-that the guardian is preventing him from seeing his mother and by doing so is depriving him of liberty protected by the due process clause of the Fourteenth Amendment, liberty that he argues includes the right of an adult child to associate with his parent.   Whether the argument has merit has split the circuits, as explained in Robertson v. Hecksel, 420 F.3d 1254, 1258-60 (11th Cir.2005), but remains an open question in this circuit.  Jones v. Brennan, 465 F.3d 304, 308 (7th Cir.2006);  Russ v. Watts, 414 F.3d 783, 790 (7th Cir.2005).   We need not try to answer it in this case.   For the preliminary question is whether the suit is barred by the doctrine that excepts from federal jurisdiction certain probate and domestic-relations cases, such as will contests, custody battles, and suits for divorce;  and we think it is barred.

The exception is usually described as two exceptions, one for probate and one for domestic relations.   But the two exceptions are materially identical.   The fact that they are two rather than one reflects nothing more profound than the legal profession's delight in multiplying entities.

In Jones v. Brennan, supra, 465 F.3d at 306-07, we pointed out that the exception originally was thought compelled by the phrase “judicial Power of the United States,” in Article III of the Constitution.   The federal judiciary was modeled on the three British royal courts at Westminster, and in Britain in the eighteenth century most domestic-relations and probate matters were consigned to other courts.   But the modern understanding is that the exception, except insofar as it bars the federal courts from entertaining nonadversary proceedings, such as the uncontested appointment of a guardian or the uncontested probate of a will, which are not cases or controversies within the meaning of Article III, is based on a pragmatic interpretation of the statutes that give the federal courts jurisdiction over cases at law and in equity (the current term, covering both, is “civil actions,” e.g., 28 U.S.C. §§ 1331, 1332).   Such terms need not be interpreted to embrace all domestic-relations and probate matters, even if they are real cases.   Typical adversary proceedings involving domestic relations or probate, such as child-custody proceedings and proceedings to resolve disputes over the administration of a decedent's estate (or as in this case and in Jones the estate of a living person who is incompetent to manage his affairs), are, like the nonadversary probate and domestic-relations proceedings, still in rem in character.   That is, they are fights over a property or a person in the court's control.   And a court other than the one that controls the res-the subject of the custody battle or the property in the decedent's estate-should not be permitted to elbow its way into such a fight.   As the Supreme Court explained in Marshall v. Marshall, 547 U.S. 293, 311-12, 126 S.Ct. 1735, 164 L.Ed.2d 480 (2006) (citations omitted), “when one court is exercising in rem jurisdiction over a res, a second court will not assume in rem jurisdiction over the same res.   Thus, the probate exception reserves to state probate courts the probate or annulment of a will and the administration of a decedent's estate;  it also precludes federal courts from endeavoring to dispose of property that is in the custody of a state probate court.   But it does not bar federal courts from adjudicating matters outside those confines and otherwise within federal jurisdiction.”

State courts, moreover, are assumed to have developed a proficiency in core probate and domestic-relations matters and to have evolved procedures tailored to them, and some even employ specialized staff not found in federal courts.   The comparative advantage of state courts in regard to such matters is at its zenith when the court is performing ongoing managerial functions for which Article III courts (as distinct from the Article I bankruptcy courts, specialists in in rem proceedings analogous to administering wills and supervising the custody of children and other legal incompetents) are poorly equipped.   So the “exception” is akin to a doctrine of abstention.

The purpose of a legal doctrine frequently limits its scope, and this is true of the probate/domestic-relations exception.   The plaintiff in Jones v. Brennan had charged a conspiracy between a guardian and others to violate her rights in the course of their administration of her father's estate.   We ruled that such a suit could be litigated in federal court.   The father had died and the probate of his estate had been completed, so that the plaintiff was not seeking to inject the federal court into the administration of the estate and wrest a res from the control of another court, just as, in Marshall v. Marshall, a suit charging the plaintiff's stepson with tortious interference with her expectation of a bequest from her deceased husband, the plaintiff was seeking a judgment against the stepson personally, not against the estate.

This case is different.   The res-the plaintiff's mother-is in the control of the guardian appointed by the state court, and decisions concerning the plaintiff's right of access to his mother and to her assets, her records, and her mail are at the heart of the guardian's responsibilities and are supervised by the court that appointed him.   Unlike the plaintiff in Jones, our plaintiff is seeking to remove into the federal court the res over which a state court is exercising control.   That is the sort of maneuver that the probate/domestic-relations exception is intended to prevent. The dismissal of the plaintiff's federal suit is therefore: Affirmed.

Editor's note: Unfortunately, as the saying goes, it is not easy to fight city hall. While the federal court in this case stated that the state court (Cook County Probate Court) should be proficient in these matters, our ProbateSharks investigative team has found a level of proficiency that the federal court may not be aware of.

Our shark investigators have found that the Corrupt Cook County Probate Court is indeed proficient in the following: the quick-sales of properties (6 weeks on average--in good and bad real estate markets); placing of wards' estates into OBRA Special Needs Pooled Trusts (resulting in public aid placement, even for the rich); maintaining cases that are out of Cook County's jurisdiction (wards live in another county, yet funds are held hostage by OPG); spending down of disabled wards' estates with guardian and legal fees; and yes, as in the case above, restricting family members from inquiring about their loved one, and restricting family from visiting their loved one when concerns over the spending of the estate are raised to the court.

Yes, the level of proficiency in the Cook County Probate Court system is amazing indeed. Even the FBI would be amazed at the proficiency of the fraud that occurs on the 18th floor of the Daley Center.

Gloria's response to a motion intended to scare the pants off of her

Gloria's response to a motion intended to scare the pants off of her 

Gloria prepared the following. I am certain that the plenary guardian though that by mentioning criminal contempt he would have Gloria begging for mercy! Instead, she hit him right in the nose - I can hardly wait to see the next chapter. I know she regularly copies the ARDC - they will be delighted by the intimidation manefested by the Motion to hold Gloria in Criminal Contempt of Court for acts that the Circuit Court did not seem worthy of punishing.


The arrogance of such a obvious attempt at intimidation should not go un-noticed by Probate Sharks or any of the web-sites that report on misconduct in the Courts. This is a poster board example.

It was reported to me that we may have located the clout at Bank X that has caused her mortgage payments to be refused, and the various break ins at her home. Bank X Security will be provided the information in the morning. Bank X security has no sense of humor! When sufficient evidence is garnered the United STates of America is going to be offering free room and board.
 
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

'Our elderly are mistreated, too'

World Elder Abuse Awareness Day
'Our elderly are mistreated, too'

Under the banner of the first World Elder Abuse Awareness Day, being marked worldwide on Thursday, local organizations working with the elderly hope to raise awareness to the problem of mistreatment and neglect among the older generation. According to Dr. Israel Doron of Haifa University's department of gerontology and school of social work, elderly abuse is a relatively new social phenomenon both in Israel and around the world with very little awareness in the general community. "Worldwide it was only in the late 1980s and early 1990s that people became aware of violence against the elderly," Doron told The Jerusalem Post in an interview on Wednesday. "In Israel elder abuse only became known several years ago." "It is embedded in the unique social dependence of people in old age," continued Doron, who is also active in the Association of Law in the Service of the Elderly, a non-profit organization aimed at promoting the rights of the elderly via advocacy and legal activities. "Because old people are dependent on others such as their children or caregivers they are at greater risk from neglect." And Doron believes that Israel is no different from other places around the world. "In a study on the subject published a year and a half ago we really surprised ourselves. We used to think of Israeli society as being one that respects and cares for the elderly," said Doron. "However, what we found was that we are very similar to other countries." The survey conducted by Eshel, the association for the planning and development of services for the aged in Israel, the National Insurance Institution (NII) and the University of Haifa's faculty of social welfare and health studies found that of the 1,045 elderly people questioned, at least 18.4 percent felt they had been the victim of physical, sexual or verbal abuse or they had suffered an infringement on their personal freedom or been taken advantage of financially in the year proceeding the study. "In the last two years there has been some attempts to address the issues," said Doron, adding that one of the main goals of Elder Abuse Awareness Day is to provide information to doctors, nurses, social workers, caregivers and family members about this problem. "Older people are ashamed to say anything about it so we need to provide professionals with the knowledge and tools to identify the problems," said Doron. "There is a law, similar to the law regarding abuse of children, that legally requires a professional to report cases of abuse in the elderly. Many people do not know about this law." Zena Boxer, a nurse at a Jerusalem hospital said that she was aware of the law. She also said that she had seen numerous cases of elder abuse, especially in people from old age and nursing homes. "In most cases it is neglect caused because the caregivers are lazy," said Boxer. "We have to pick up the pieces afterwards, sometimes we can help but sometimes its too late." Sara Alon, director of programs for elder abuse at Eshel, which is run jointly by the Israeli government and the American Jewish Joint Distribution Committee, said that activities are being held throughout June to highlight the problem among those who work with the elderly and a conference on the subject is set for June 27 under the auspices of the Ministry of Social Welfare and in the presence of the new minister of senior citizens affairs. She added that Eshel in collaboration with the Ministry of Social Welfare and the NII runs a special program aimed at preventing abuse in 17 municipalities countrywide as well as an empowerment group for the elderly to provide them with information their rights. She also said that a hotline, run by volunteers from the ERAN association, had been set up for senior citizens exposed to abuse. Among events planned worldwide, the International Network for the Prevention of Elder Abuse has called for people around the world to "Wear Something Purple" on Thursday and for them to "show the world you care about ending elder abuse and neglect." In New York, the United Nations will be holding a one-day symposium on the subject.

http://www.jpost.com/Israel/Article.aspx?id=24896

Editor's note:   The judges and court minions of the Probate Court of Cook County are expert practitioners in the fine art of  Elder Abuse.