United States Government Accountability Office (GAO)
Investigates Guardianship Abuse
The following are excerpts from the report. This report is a start. Please help us get Federal oversite to the Corrupt Probate Courts in Illinois by reporting your case Senator Leahy (see our blog "How to Report Violations of the Americans with Disabilities Act").
You may request this entire report from the GAO--see instructions at bottom of this article.
There is also contact information for reporting abuse of Federal Programs, such as Social Security and VA benefits.
Report to the Chairman, Special Committee on Aging, U.S. Senate
United States Government Accountability Office
GAO
September 2010
GUARDIANSHIPS
Cases of Financial Exploitation, Neglect, and Abuse of Seniors GAO-10-1046
Why GAO Did This Study
As individuals age, some become incapable of managing their personal and financial affairs. To protect these individuals, state laws provide for court appointment of guardians, who may be professionals or family members, to protect the incapacitated person’s personal and/or financial welfare. State and local courts are responsible for overseeing guardians. In addition, federal agencies may appoint a representative payee, in some cases, the guardian, to manage federal benefits on behalf of incapacitated adults. Previous GAO reports have found that poor communication between state courts and federal agencies may allow guardians to continue abusing their victims.
GAO was asked to (1) verify whether allegations of abuse by guardians are widespread; (2) examine the facts in selected closed cases; and (3) proactively test state guardian certification processes. To verify whether allegations are widespread, GAO interviewed advocates for seniors and reviewed court documents. To examine closed criminal, civil or administrative cases with a finding of guilt or liability in the past 15 years, GAO reviewed court records, interviewed court officials, attorneys and victims, and reviewed records from federal agencies. To test state guardian certification, GAO used fictitious identities to apply for certification in four states. GAO’s results cannot be projected to the overall population of guardians or state certification programs.
What GAO Found
GAO could not determine whether allegations of abuse by guardians are widespread; however, GAO identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In 20 selected closed cases, GAO found that guardians stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors. In some instances, guardians also physically neglected and abused their victims. The guardians in these cases came from diverse professional backgrounds and were overseen by local courts in 15 states and the District of Columbia. GAO found several common themes. In 6 of 20 cases, the courts failed to adequately screen potential guardians, appointing individuals with criminal convictions or significant financial problems to manage high-dollar estates. In 12 of 20 cases, the courts failed to oversee guardians once they were appointed, allowing the abuse of vulnerable seniors and their assets to continue. Lastly, in 11 of 20 cases, courts and federal agencies did not communicate effectively or at all with each other about abusive guardians, allowing the guardian to continue the abuse of the victim and/or others
What GAO Found in Illinois
Illinois and Nevada. Illinois and Nevada require certain guardians to obtain certification through the Center for Guardianship Certification (CGC), a private nonprofit that offers national guardian certification. We submitted applications to the organization using two fictitious identities with driver’s licenses from Virginia. We also listed fake educational and professional backgrounds for our applicants, which the certifying organization did not verify. For example, one applicant claimed to have a law degree and almost 3 years experience as a guardian, while the other claimed 3 years of experience as a guardian at a nonexistent guardianship firm. Both applicants studied for and passed the National Certified Guardian Examination, which covers guardianship ethical principles and best practices. After the exam, a proctor asked to see the photo identifications of our fictitious applicants, but failed to recognize them as bogus driver’s licenses. Once we passed the test, the names of our fictitious applicants were listed on the organization’s website as nationally certified guardians. Passing the national exam is the sole requirement to be a certified guardian in Illinois and Nevada. Officials in both states told us that local courts do not conduct background or credit checks, indicating that each of the two fictitious guardians could have been appointed by a court in those states with no further screening.
GAO’s Mission
The Government Accountability Office, the audit, evaluation, and investigative arm of Congress, exists to support Congress in meeting its constitutional responsibilities and to help improve the performance and accountability of the federal government for the American people. GAO examines the use of public funds; evaluates federal programs and policies; and provides analyses, recommendations, and other assistance to help Congress make informed oversight, policy, and funding decisions. GAO’s commitment to good government is reflected in its core values of accountability, integrity, and reliability.
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To Report Fraud, Waste, and Abuse in Federal Programs
Contact:
Web site: www.gao.gov/fraudnet/fraudnet.htm E-mail: fraudnet@gao.gov Automated answering system: (800) 424-5454 or (202) 512-7470
Congressional Relations
Ralph Dawn, Managing Director, dawnr@gao.gov, (202) 512-4400 U.S. Government Accountability Office, 441 G Street NW, Room 7125 Washington, DC 20548
Public Affairs
Chuck Young, Managing Director, youngc1@gao.gov, (202) 512-4800 U.S. Government Accountability Office, 441 G Street NW, Room 7149 Washington, DC 20548 Please Print on Recycled Paper
Signed,
Your ProbateSharks Federal Investigation Liaison Team
Friday, October 29, 2010
Sunday, October 24, 2010
Probate Law
Probate Law
The following link will be helpful in your understanding of the Probate Laws, including Wills, Guardians for Disabled Adults, etc.
(755 ILCS 5/) Probate Act of 1975.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=60&ActID=2104
Signed,
Your Probate Sharks Professor;
Understanding the Probate Act of 1975, Class 101
The following link will be helpful in your understanding of the Probate Laws, including Wills, Guardians for Disabled Adults, etc.
(755 ILCS 5/) Probate Act of 1975.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=60&ActID=2104
Signed,
Your Probate Sharks Professor;
Understanding the Probate Act of 1975, Class 101
Power of Attorney (POA) Act
Power of Attorney (POA) Act
The following link will be helpful in your understanding of the laws regarding Powers of Attorney (POA).
(755 ILCS 45/) Illinois Power of Attorney Act.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2113&ChapterID=60
Signed,
Your Probate Sharks Professor;
Understanding the Illinois Power of Attorney Act, Class 101
The following link will be helpful in your understanding of the laws regarding Powers of Attorney (POA).
(755 ILCS 45/) Illinois Power of Attorney Act.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2113&ChapterID=60
Signed,
Your Probate Sharks Professor;
Understanding the Illinois Power of Attorney Act, Class 101
Sunday, October 17, 2010
A DIALOGUE
A dialogue between your Probate Shark and chicago_concerned, an alleged member of the ARDC in today's Chicago Sun-Times.
chicago_concerned wrote:
1. to luciusverenus,
I have been reading your crazed posts for the past 4 months and just laughed them off. But you now mention the ARDC as if you know something special. I have been a member of the hearing panel for over 21 years and I am here to tell YOU that we take action when action is proved. The wheels may turn slowly BUT I have personally been involved with over 60 disbarments of lawyers. We in addition meat out sever suspensions and fines. I have seen these men and women cry, moan and in a few rare cases commit suicide once their cases have been resolved. The most we are allowed to do is remove their license to practice. That is big to them, it is their identity. So to your assertion that we are hiding something or that we are bought off or give special treatment to certain individuals. YOU ARE SO WRONG, SLICK.
And all of my prayers go out to Olie, I have driven past his store for years and unfortunatly have never gone in. I have obviously missed a good piece of chicago.
10/17/2010 3:14 PM CDT on suntimes.com
luciusverenus wrote:
1. Hi chicago_concerned, Nice to meet you. I believe that we are not talking about the same ARDC. The ARDC that I'm discussing will not even censure a GAL who committed a fraud in Florida, Medicaid fraud and a fraud against her own brother - all in one complaint. It appears that for some reason only 2% of all the cases brought before the ARDC in Illinois are from Cook County. Think of all the shysters in Chicago who prey upon the public. Chicago_concerned maybe your ARDC is in a different country. Lucius Verenus, Schoolmaster, ProbateSharks.com
10/17/2010 4:16 PM CDT on suntimes.com
chicago_concerned wrote:
1. to luciusverenus
There is only ONE ardc in Illinois. I have dealt with cases from cook county to sangamon county. You seem to be concentrating on only one case. Let your anger go. I have personally adjudicated several medicaid fraud cases and they have been rather agregious. I can assure you they were dealt with severly. The Illinois supreme court oversees our sentence recomondations, if they percieve that we are being lienient with someone they kick it back for re-evaluation. In short no one gets a pass and everyone is entitled to due process. No matter how much you would like to shake them like a martini.
10/17/2010 5:41 PM CDT on suntimes.com
luciusverenus wrote:
1. Dear chicago_concerned, I appreciate your comments on the ARDC of Illinois. I am really not angry only disappointed in our legal system that allows the foxes to watch the chicken coop. My researcher has investigated 240 cases (check our recent website posting regarding the ARDC) and found a paucity of Cook cases that appear never reviewed. ProbateSharks.com has reviewed hundreds of cases in Cook County, IL from one particular GAL (over 7 years) who has generated dozens of complaints that at first face appear to be extremely valid. Not only has this GAL ever been censured, reprimanded or terminated by the ARDC, but all of the complaints against her appear to have been removed from her ARDC file. In other words someone is parring her files. Any person checking her ARDC file will find NOTHING there! A vacant file. Can you explain this phenomena? Lucius is watchful of the ARDC and so are others. Lucius Verenus, Schoolmaster, ProbateSharks.com
10/17/2010 6:04 PM CDT on suntimes.com
chicago_concerned wrote:
1. to luciusverenus
I am quite hesitant to engage in this back-and-forth since you constantly make incorrect statements. If a complaint has been deemed unfounded it is removed from the file. That is only fair, not to be constantly persued by unfounded complaints. As to your assertion that the "foxes are gaurding the hen house" I am a non-lawyer, over 22 years ago this complaint was addressed after the gray lord trials and there is a non-lawyer assigned to EACH panel to gaurd against this very complaint. I can assure you that our presence has been an added value to the entire process. you and your team needs to really learn about the process and how many hard working intelligent people are involved in the process. All working to make it a fair and impartial commission. I may also point out the ARDC is the second busiest in the US, second only to new york. Our commision has constantly been the model for many newly formed commissions in other states. I am very proud to be a small part of this system that truly helps the guy next door, down the street and in the next county
10/17/2010 6:53 PM CDT on suntimes.com
luciusverenus wrote:
1. Dear chicago_concerned, I can understand your hesitancy to air this discussion publicly since it brings to attention of any persons monitoring this exchange, the rampant corruption in the legal system of Cook County. This legal system has been justifiably considered since “Greylord” as a criminal enterprise. I can back up any of the statements that have been made with fact. Since you have been reading Lucius’s comments for four months, you know where to reach me. If you are truly sincere about redeeming and improving the broken system I would be pleased to correspond with you. Keep in mind that in the last 30 years less than 10 judges have been sanction by the judicial review of the Supreme Court and about half of these have been hopeless alcoholics and one was fondling one of his female State’s Attorneys in court. I have to sign off now for the evening, but again, please contact me as you appear to be sincere, even if you are wrong. Best wishes, Lucius Verenus, Schoolmaster, ProbateSharks.com
10/17/2010 7:38 PM CDT on suntimes.com
Editors note: Your ProbateShark encourages diaglogue and hopes that chicago_concerned will soon contact our school of sharks. Lucius Verenus, Schoolmaster, ProbateSharks.com
DIALOGUE BETWEEN VOXPOP AND LUCIUS VERENUS 10-21-2010
voxpop wrote:
1. Hey Probate Shark. You are in the wrong forum. Further, how can anyone trust your claims or "research" about attorney discipline when you harp about a person, such as Anthony Boswell, who is not a lawyer in Illinois. I suspect you think you or a family member got screwed in a probate action. Use your real name and case number and let an investigator (writer/reporter) pull the file and read the record. In the mean time, take your complaints to articles that have relevancy, please.
10/21/2010 8:31 AM CDT on suntimes.com
luciusverenus wrote:
1. Hi Voxpop, Thank you for your comment. Our investigators differ from your opinion since our investigators are PRESENT in the court rooms and observe the mischief that goes on. Lucius Verenus, Schoolmaster, ProbateSharks.com
10/21/2010 10:27 AM CDT on suntimes.com
Editors note: Next, they will blame your Probate Shark for being on the "grassy knoll".
chicago_concerned wrote:
1. to luciusverenus,
I have been reading your crazed posts for the past 4 months and just laughed them off. But you now mention the ARDC as if you know something special. I have been a member of the hearing panel for over 21 years and I am here to tell YOU that we take action when action is proved. The wheels may turn slowly BUT I have personally been involved with over 60 disbarments of lawyers. We in addition meat out sever suspensions and fines. I have seen these men and women cry, moan and in a few rare cases commit suicide once their cases have been resolved. The most we are allowed to do is remove their license to practice. That is big to them, it is their identity. So to your assertion that we are hiding something or that we are bought off or give special treatment to certain individuals. YOU ARE SO WRONG, SLICK.
And all of my prayers go out to Olie, I have driven past his store for years and unfortunatly have never gone in. I have obviously missed a good piece of chicago.
10/17/2010 3:14 PM CDT on suntimes.com
luciusverenus wrote:
1. Hi chicago_concerned, Nice to meet you. I believe that we are not talking about the same ARDC. The ARDC that I'm discussing will not even censure a GAL who committed a fraud in Florida, Medicaid fraud and a fraud against her own brother - all in one complaint. It appears that for some reason only 2% of all the cases brought before the ARDC in Illinois are from Cook County. Think of all the shysters in Chicago who prey upon the public. Chicago_concerned maybe your ARDC is in a different country. Lucius Verenus, Schoolmaster, ProbateSharks.com
10/17/2010 4:16 PM CDT on suntimes.com
chicago_concerned wrote:
1. to luciusverenus
There is only ONE ardc in Illinois. I have dealt with cases from cook county to sangamon county. You seem to be concentrating on only one case. Let your anger go. I have personally adjudicated several medicaid fraud cases and they have been rather agregious. I can assure you they were dealt with severly. The Illinois supreme court oversees our sentence recomondations, if they percieve that we are being lienient with someone they kick it back for re-evaluation. In short no one gets a pass and everyone is entitled to due process. No matter how much you would like to shake them like a martini.
10/17/2010 5:41 PM CDT on suntimes.com
luciusverenus wrote:
1. Dear chicago_concerned, I appreciate your comments on the ARDC of Illinois. I am really not angry only disappointed in our legal system that allows the foxes to watch the chicken coop. My researcher has investigated 240 cases (check our recent website posting regarding the ARDC) and found a paucity of Cook cases that appear never reviewed. ProbateSharks.com has reviewed hundreds of cases in Cook County, IL from one particular GAL (over 7 years) who has generated dozens of complaints that at first face appear to be extremely valid. Not only has this GAL ever been censured, reprimanded or terminated by the ARDC, but all of the complaints against her appear to have been removed from her ARDC file. In other words someone is parring her files. Any person checking her ARDC file will find NOTHING there! A vacant file. Can you explain this phenomena? Lucius is watchful of the ARDC and so are others. Lucius Verenus, Schoolmaster, ProbateSharks.com
10/17/2010 6:04 PM CDT on suntimes.com
chicago_concerned wrote:
1. to luciusverenus
I am quite hesitant to engage in this back-and-forth since you constantly make incorrect statements. If a complaint has been deemed unfounded it is removed from the file. That is only fair, not to be constantly persued by unfounded complaints. As to your assertion that the "foxes are gaurding the hen house" I am a non-lawyer, over 22 years ago this complaint was addressed after the gray lord trials and there is a non-lawyer assigned to EACH panel to gaurd against this very complaint. I can assure you that our presence has been an added value to the entire process. you and your team needs to really learn about the process and how many hard working intelligent people are involved in the process. All working to make it a fair and impartial commission. I may also point out the ARDC is the second busiest in the US, second only to new york. Our commision has constantly been the model for many newly formed commissions in other states. I am very proud to be a small part of this system that truly helps the guy next door, down the street and in the next county
10/17/2010 6:53 PM CDT on suntimes.com
luciusverenus wrote:
1. Dear chicago_concerned, I can understand your hesitancy to air this discussion publicly since it brings to attention of any persons monitoring this exchange, the rampant corruption in the legal system of Cook County. This legal system has been justifiably considered since “Greylord” as a criminal enterprise. I can back up any of the statements that have been made with fact. Since you have been reading Lucius’s comments for four months, you know where to reach me. If you are truly sincere about redeeming and improving the broken system I would be pleased to correspond with you. Keep in mind that in the last 30 years less than 10 judges have been sanction by the judicial review of the Supreme Court and about half of these have been hopeless alcoholics and one was fondling one of his female State’s Attorneys in court. I have to sign off now for the evening, but again, please contact me as you appear to be sincere, even if you are wrong. Best wishes, Lucius Verenus, Schoolmaster, ProbateSharks.com
10/17/2010 7:38 PM CDT on suntimes.com
Editors note: Your ProbateShark encourages diaglogue and hopes that chicago_concerned will soon contact our school of sharks. Lucius Verenus, Schoolmaster, ProbateSharks.com
DIALOGUE BETWEEN VOXPOP AND LUCIUS VERENUS 10-21-2010
voxpop wrote:
1. Hey Probate Shark. You are in the wrong forum. Further, how can anyone trust your claims or "research" about attorney discipline when you harp about a person, such as Anthony Boswell, who is not a lawyer in Illinois. I suspect you think you or a family member got screwed in a probate action. Use your real name and case number and let an investigator (writer/reporter) pull the file and read the record. In the mean time, take your complaints to articles that have relevancy, please.
10/21/2010 8:31 AM CDT on suntimes.com
luciusverenus wrote:
1. Hi Voxpop, Thank you for your comment. Our investigators differ from your opinion since our investigators are PRESENT in the court rooms and observe the mischief that goes on. Lucius Verenus, Schoolmaster, ProbateSharks.com
10/21/2010 10:27 AM CDT on suntimes.com
Editors note: Next, they will blame your Probate Shark for being on the "grassy knoll".
Tuesday, October 12, 2010
FOX NEWS SPECIALS
SHAME ON YOU - PROBATE COURT OF COOK COUNTY JUDGES
Judges of Probate Court - View these videos and SEE YOURSELVES!!!
FOX NEWS Investigative Report: Guardian Abuse Part 1 and 2
YouTube Videos: FOX NEWS
http://www.youtube.com/user/stopguardianabuse?feature=mhum
This can happen to someone you love:
http://www.youtube.com/watch?v=RqfZ6V8nzOY
Editors note: If you are not sickened by what you see in the videos above - you are part of the problem. Lucius Verenus, Schoolmaster, ProbateSharks.com 9-22-2010
Judges of Probate Court - View these videos and SEE YOURSELVES!!!
FOX NEWS Investigative Report: Guardian Abuse Part 1 and 2
YouTube Videos: FOX NEWS
http://www.youtube.com/user/stopguardianabuse?feature=mhum
This can happen to someone you love:
http://www.youtube.com/watch?v=RqfZ6V8nzOY
Editors note: If you are not sickened by what you see in the videos above - you are part of the problem. Lucius Verenus, Schoolmaster, ProbateSharks.com 9-22-2010
Monday, October 11, 2010
OBRA TRUSTS: MEDICAID PLANNING, OR MEDICAID FRAUD AND ABUSE?
OBRA TRUSTS: MEDICAID PLANNING, OR MEDICAID FRAUD AND ABUSE?
Probate Sharks has heard of many cases in the Corrupt Cook County Probate Courts where powers of attorney are illegally removed, and the court appoints a non-family member or inappropriate family member as guardian; cases where owners of guardianship companies have deceived the ward in an effort to be named as guardian; and cases where the court appoints a guardian on a date when it is known to the court players that a family member willing to be named guardian cannot be present for the court hearing.
You may ask yourself: Why would these deceitful actions be occuring? How lucrative can these cases be for a probate court attorney or a court-appointed guardian? Well, if the lawyers and guardians involved are unethical, it can be as lucrative as the entire value of the ward's estate.
OBRA Special Needs Pooled Trusts, as well as other types of trusts, are being utilized by unethical lawyers, nurses, and guardianship companies to enrich themselves while the elderly disabled wards are being placed into public aid nursing homes.
OBRA Special Needs Pooled Trusts were originally designed to enable people with devastating illnesses and/or injuries to be placed into public aid nursing homes while preserving their estate for their OWN special needs (special medical equipment, health insurance, etc). However, due to some legal loopholes, these accounts are being abused, and "Medicaid Planning" is on the rise.
OBRA Trusts were not designed for middle class elderly who wish to pass some inheritance to their children rather than deplete their estates paying for an extended nursing home stay. However, some families abuse these Medicaid Planning Trusts to preserve the estate for their own inheritance, while their folks spend out their last years in public aid nursing homes. More about this Medicaid abuse may be read here:
http://www.mobar.org/c4ba4482-ede3-4190-a86d-e6b2a1d2f466.aspx
Although legal, many find Medicaid Planning to be unethical, especially if the Trust is opened solely for the purpose of qualifying the ward for public aid. However, the practice is growing as more and more lawyers and clients become aware of it.
The following website lists attorneys in Illinois who specialize in Medicaid planning:
http://www.careillinois.net/list18_IL_elder_law_attorneys_lawyers_medicaid_advice.htm#assistance
In fact, one Cook County Probate Court lawyer educates her peers in ways in which very large estates may be placed into OBRA and/or other types of trusts, to allow the disabled ward to qualify for Medicaid. She also educates her peers on which types of trusts are lacking oversite, and which types of trusts allow for "administrative fees" (i.e., attorneys' and guardians' fees). Her educational video may be viewed at this website:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content&contentID=5512
Unfortunately, some corrupt players in the Cook County Probate Court system (lawyers, nurses, judges, and guardianship companies) have discovered a legal loophole so they may enrich themselves through OBRA Special Needs Pooled Trusts. This Medicaid abuse can occur because only certain "special needs" expenses may be paid from OBRA Special Needs Pooled Trusts, such as medical bills, insurance premiums, and "administrative fees". However, housing may NOT be paid from these accounts. As a result, the ward is immediately moved to public aid housing once their estate is placed into the OBRA Special Needs Trust. The OBRA Trust is non-revokable, meaning that once the estate is placed into this trust, it cannot be transferred out. Thus, the ward is sentenced to a life in public aid housing, even though they may have enough in their estate for many years at a private pay nursing home.
These unethical guardians are placing the wards' estates, sometimes valued in the hundreds of thousands of dollars, into OBRA Special Needs Pooled Trusts to qualify the ward for public aid housing. Once the ward is in public aid housing, the bulk of the estate is utilized to pay excessive legal and guardian fees. In essence, the taxpayer is paying for the care of the ward, and the unethical court players are enriching themselves with the estate.
How, you may ask, does this occur? Well, the answer is quite simple. The judge allows it, and the Illinois Supreme Court provides no oversight.
We have had numerous victims of this Medicaid Abuse scheme come to us at ProbateSharks with their concerns. We have even heard of cases in Cook County where the lawyers and/or guardians, with the knowledge of the judge, illegally deposited dis-allowable funds of the ward (disability benefits, newly-discovered funds, etc) into the OBRA Trust. (In the Matter of Lynch, N.Y.S. 2d 653 (Surr.Ct, Onondaga County, 1999), the court held that it would not allow SSI income to be put into a Special Needs Trust, stating that it was "troubled by the concept of funding the special needs trust with benefits received from governmental entitlements".)
We have heard of cases where the judge, no questions asked, approved the lawyers' and guardians' requests to transfer the estate into an OBRA Trust. Court transcripts support the families' claims that the judges did not even ask the guardian about the change in living conditions that would result from the transfer of the ward's estate into an OBRA Trust, thus requiring a transfer to public aid housing.
Additionally, victims' families have told us that their lawyers failed to explain the matter to them to the extent reasonably necessary to permit the family to make informed decisions so they would not object to the transfer of funds. In other words, no one explains to the victim's family that the OBRA Trust will result in a lifetime of public aid housing for the ward. The victims' families are being told that it is done to preserve the estate for the "special needs" of the ward.
However, the reality of the subsequent accountings shows that the estate is used almost exclusively for the "special needs" of the lawyers and guardians, as their excessive fees are subsequently approved by the judge until the entire estate is depleted.
Where, you ask, is the oversite for these Corrupt Cook County Probate Court cases? There is obviously no oversight at all. Billions of dollars go through the Cook County Probate Courts annually. Yet, there is no oversite. The judges allow estates to be depleted in this manner. The ARDC of the Illinois Supreme Court fails to bring to hearing the complaints of cases orginating in the Cook County Probate Courts.
What we have here in Chicago is legalized financial exploitation of the elderly disabled, as well as Medicaid Fraud and Abuse. The taxpayers of Illinois are footing the bill as our Medicaid system is being depleted, and the disabled elderly wards are being placed unnecessarily into public aid nursing homes. And the unethical court players get rich. Very rich.
As always, we invite the media, law enforcement, and FBI to investigate.
Please read our task force's article titled: ARDC Audit Results. (The link can be found in our Labels index on the right hand side of this website).
If you suspect Medicaid Fraud or Abuse on your loved one's case, please report it to:
http://www.cms.gov/FraudAbuseforConsumers/02_How_to_Report_Suspected_Fraud.asp
Editor's note: If you are interested in knowing which 4 banks in Illinois have OBRA Special Needs Pooled Trusts, you can see them on this link:
http://www.perliselderlaw.com/comparison_trusts.php
Signed,
Your ProbateSharks Medicaid Fraud Investigation Task Force
Editor's note: Alice R. Gore Estate value about 1 million dollars: Alice R. Gore, deceased, a disabled 99 year old ward of the Probate Court of Cook County, Judge Kawamoto’s courtroom was hours away from ending up in the Cook County Morgue. Alice's estate was depleted by probate court parasites and there were reportedly no funds to bury her. Her loving family paid for the burial expenses so that Alice would not have to suffer the indignity of being stacked like an Auschwitz inmate in the Cook County morgue. The judge allowed an easily manipulated mentally disabled granddaughter to be appointed as Alice’s guardian and yet no sanctions were instituted against the judge or court officers for this blatant infraction of the law.
Strangely, 16 of Alice’s annuity checks, two of which show forged endorsements, disappeared. Alice’s daughter has a copy of a check with her signature possibly forged. The daughter’s attorney has been trying to obtain copies of the 16 other annuity checks for two years without success. The Probate Court of Cook of Cook County refuses to investigate these blatant infractions of the law. Lucius Verenus, Schoolmaster, ProbateSharks.com
KawamotoDragon.com
Probate Sharks has heard of many cases in the Corrupt Cook County Probate Courts where powers of attorney are illegally removed, and the court appoints a non-family member or inappropriate family member as guardian; cases where owners of guardianship companies have deceived the ward in an effort to be named as guardian; and cases where the court appoints a guardian on a date when it is known to the court players that a family member willing to be named guardian cannot be present for the court hearing.
You may ask yourself: Why would these deceitful actions be occuring? How lucrative can these cases be for a probate court attorney or a court-appointed guardian? Well, if the lawyers and guardians involved are unethical, it can be as lucrative as the entire value of the ward's estate.
OBRA Special Needs Pooled Trusts, as well as other types of trusts, are being utilized by unethical lawyers, nurses, and guardianship companies to enrich themselves while the elderly disabled wards are being placed into public aid nursing homes.
OBRA Special Needs Pooled Trusts were originally designed to enable people with devastating illnesses and/or injuries to be placed into public aid nursing homes while preserving their estate for their OWN special needs (special medical equipment, health insurance, etc). However, due to some legal loopholes, these accounts are being abused, and "Medicaid Planning" is on the rise.
OBRA Trusts were not designed for middle class elderly who wish to pass some inheritance to their children rather than deplete their estates paying for an extended nursing home stay. However, some families abuse these Medicaid Planning Trusts to preserve the estate for their own inheritance, while their folks spend out their last years in public aid nursing homes. More about this Medicaid abuse may be read here:
http://www.mobar.org/c4ba4482-ede3-4190-a86d-e6b2a1d2f466.aspx
Although legal, many find Medicaid Planning to be unethical, especially if the Trust is opened solely for the purpose of qualifying the ward for public aid. However, the practice is growing as more and more lawyers and clients become aware of it.
The following website lists attorneys in Illinois who specialize in Medicaid planning:
http://www.careillinois.net/list18_IL_elder_law_attorneys_lawyers_medicaid_advice.htm#assistance
In fact, one Cook County Probate Court lawyer educates her peers in ways in which very large estates may be placed into OBRA and/or other types of trusts, to allow the disabled ward to qualify for Medicaid. She also educates her peers on which types of trusts are lacking oversite, and which types of trusts allow for "administrative fees" (i.e., attorneys' and guardians' fees). Her educational video may be viewed at this website:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content&contentID=5512
Unfortunately, some corrupt players in the Cook County Probate Court system (lawyers, nurses, judges, and guardianship companies) have discovered a legal loophole so they may enrich themselves through OBRA Special Needs Pooled Trusts. This Medicaid abuse can occur because only certain "special needs" expenses may be paid from OBRA Special Needs Pooled Trusts, such as medical bills, insurance premiums, and "administrative fees". However, housing may NOT be paid from these accounts. As a result, the ward is immediately moved to public aid housing once their estate is placed into the OBRA Special Needs Trust. The OBRA Trust is non-revokable, meaning that once the estate is placed into this trust, it cannot be transferred out. Thus, the ward is sentenced to a life in public aid housing, even though they may have enough in their estate for many years at a private pay nursing home.
These unethical guardians are placing the wards' estates, sometimes valued in the hundreds of thousands of dollars, into OBRA Special Needs Pooled Trusts to qualify the ward for public aid housing. Once the ward is in public aid housing, the bulk of the estate is utilized to pay excessive legal and guardian fees. In essence, the taxpayer is paying for the care of the ward, and the unethical court players are enriching themselves with the estate.
How, you may ask, does this occur? Well, the answer is quite simple. The judge allows it, and the Illinois Supreme Court provides no oversight.
We have had numerous victims of this Medicaid Abuse scheme come to us at ProbateSharks with their concerns. We have even heard of cases in Cook County where the lawyers and/or guardians, with the knowledge of the judge, illegally deposited dis-allowable funds of the ward (disability benefits, newly-discovered funds, etc) into the OBRA Trust. (In the Matter of Lynch, N.Y.S. 2d 653 (Surr.Ct, Onondaga County, 1999), the court held that it would not allow SSI income to be put into a Special Needs Trust, stating that it was "troubled by the concept of funding the special needs trust with benefits received from governmental entitlements".)
We have heard of cases where the judge, no questions asked, approved the lawyers' and guardians' requests to transfer the estate into an OBRA Trust. Court transcripts support the families' claims that the judges did not even ask the guardian about the change in living conditions that would result from the transfer of the ward's estate into an OBRA Trust, thus requiring a transfer to public aid housing.
Additionally, victims' families have told us that their lawyers failed to explain the matter to them to the extent reasonably necessary to permit the family to make informed decisions so they would not object to the transfer of funds. In other words, no one explains to the victim's family that the OBRA Trust will result in a lifetime of public aid housing for the ward. The victims' families are being told that it is done to preserve the estate for the "special needs" of the ward.
However, the reality of the subsequent accountings shows that the estate is used almost exclusively for the "special needs" of the lawyers and guardians, as their excessive fees are subsequently approved by the judge until the entire estate is depleted.
Where, you ask, is the oversite for these Corrupt Cook County Probate Court cases? There is obviously no oversight at all. Billions of dollars go through the Cook County Probate Courts annually. Yet, there is no oversite. The judges allow estates to be depleted in this manner. The ARDC of the Illinois Supreme Court fails to bring to hearing the complaints of cases orginating in the Cook County Probate Courts.
What we have here in Chicago is legalized financial exploitation of the elderly disabled, as well as Medicaid Fraud and Abuse. The taxpayers of Illinois are footing the bill as our Medicaid system is being depleted, and the disabled elderly wards are being placed unnecessarily into public aid nursing homes. And the unethical court players get rich. Very rich.
As always, we invite the media, law enforcement, and FBI to investigate.
Please read our task force's article titled: ARDC Audit Results. (The link can be found in our Labels index on the right hand side of this website).
If you suspect Medicaid Fraud or Abuse on your loved one's case, please report it to:
http://www.cms.gov/FraudAbuseforConsumers/02_How_to_Report_Suspected_Fraud.asp
Editor's note: If you are interested in knowing which 4 banks in Illinois have OBRA Special Needs Pooled Trusts, you can see them on this link:
http://www.perliselderlaw.com/comparison_trusts.php
Signed,
Your ProbateSharks Medicaid Fraud Investigation Task Force
Editor's note: Alice R. Gore Estate value about 1 million dollars: Alice R. Gore, deceased, a disabled 99 year old ward of the Probate Court of Cook County, Judge Kawamoto’s courtroom was hours away from ending up in the Cook County Morgue. Alice's estate was depleted by probate court parasites and there were reportedly no funds to bury her. Her loving family paid for the burial expenses so that Alice would not have to suffer the indignity of being stacked like an Auschwitz inmate in the Cook County morgue. The judge allowed an easily manipulated mentally disabled granddaughter to be appointed as Alice’s guardian and yet no sanctions were instituted against the judge or court officers for this blatant infraction of the law.
Strangely, 16 of Alice’s annuity checks, two of which show forged endorsements, disappeared. Alice’s daughter has a copy of a check with her signature possibly forged. The daughter’s attorney has been trying to obtain copies of the 16 other annuity checks for two years without success. The Probate Court of Cook of Cook County refuses to investigate these blatant infractions of the law. Lucius Verenus, Schoolmaster, ProbateSharks.com
KawamotoDragon.com
Saturday, October 9, 2010
ARDC AUDIT RESULTS
ARDC AUDIT RESULTS
(What the ARDC does not want you to know)
According to a thorough audit conducted by our Probate Sharks expert team, the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC) does not appear to be doing its job when it comes to investigating the Corrupt Cook County Probate Court Cases.
Per the ARDC website: The ARDC's principal purpose is to assist the Supreme Court to determine a lawyer's fitness to practice law in Illinois. If a complaint is made that an attorney, licensed to practice law in Illinois, has engaged in illegal, unethical or dishonest conduct, the ARDC will investigate and, if warranted, bring formal disciplinary charges. The Supreme Court of Illinois will then ultimately decide if a lawyer should be censured (publicly rebuked), suspended (having the law license to practice either taken away for a certain period of time or placed on a probationary period) or disbarred (having the law license taken away indefinitely).
Probate Sharks has received numerous complaints from victims of the Corrupt Cook County Probate Courts who have filed complaints with the ARDC against the unethical lawyers on their cases. ALL of these people have told us the same thing: Despite written proof that violations were committed by the lawyers on their cases, the ARDC failed to bring the case to hearing.
Examples of the attorneys' rules violations include: 1) failing to act with reasonable diligence and promptness in representing a client; 2) failing to keep a client reasonably informed about the status of a matter or to promptly comply with reasonable requests for information; 3) failing to abide by the client's objectives concerning representation; 4) failing to deliver to the client all papers and documents to which the client is entitled; engaging in conduct that is prejudicial to the administration of justice; and 5) engaging in conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute. Additionally, victims have reported that lawyers on their cases have falsified evidence, committed perjury, falsified wills, illegally changed Powers of Attorney, failed to report criminal activity, exploited funds, failed to provide accountings, and have participated in other criminal activity on their cases. In many of these cases, the attorneys for both sides appeared to be working in a collusive manner to exploit the estates of the elderly disabled wards.
Despite written documentation (court transcripts, court orders, emails, petitions for fees, proof of falsified documents,etc), the victims of Cook County Probate Court have told Probate Sharks that their case does not get brought to hearing by the Supreme Court of Illinois. This concerns the volunteers at Probate Sharks a great deal. BILLIONS of dollars go through the Cook County Probate Court on an annual basis. However, NONE of the victims who have come to us have had their complaints brought to a hearing by the Supreme Court.
Upon hearing this, Probate Sharks elicited the help of expert auditors and statisticians to see whether or not the Illinos Supreme Court is investigating Cook County Probate Court complaints with the same diligence that they apply to complaints originating in the other courts in Illinois.
The auditors' results are quite alarming: For a one year period (September, 2009 thru September, 2010), the Illinois Supreme Court conducted 226 hearings which resulted in decisions against unethical lawyers. However, less than 1%, (only 2 of the 226 hearings) involved Cook County Probate Court Players.
Appallingly, the victims who have contacted Probate Sharks all share the same story: they claim that their cases involved unethical lawyers and judges who financially exploited their loved ones, and violated the same rules that unethical lawyers in the other Circuit Courts have been disciplined for. However, they were ALL told by the Chicago-based lawyers conducting the initial review at the ARDC that the ARDC found no wrong doing, and a hearing would not be conducted.
It appears as though the corrupt Cook County Probate players have immunity from ARDC hearings in the IL Supreme Court. Complaints against the Cook County Probate lawyers do not get past the front desks in the Chicago office of the ARDC (where the Cook County ARDC complaints are to be filed). When these complaints don't get past the front desks of these Chicago-roots attorneys, well.....they never make it to a Supreme court hearing or decision...
We at ProbateSharks find it quite odd that less than 1% of cases against lawyers that are heard by the IL Supreme Court originate in Cook County Probate Court...odd because that is where the money is. Billions of dollars are in the hands of the Cook County Probate lawyers and judges.....and these lawyers appear, from our statistical analysis, to be immune from investigation. The estates of the elderly disabled wards in Cook County are being exploited by the court system, primarily because the probate judges and the ARDC allow the illegal actions of the unethical attorneys it to occur.
The collusion and corruption appears to be entrenched throughout the Cook County Probate Courts, and appears to extend to the ARDC of the IL Supreme Court.
If you experience a similar experience with the ARDC, please contact us. We also advise you to report the lawyer at the ARDC who screens your case to... the ARDC. Send your complaint via certified mail (return receipt requested) to both the Chicago and Springfield offices.
You may file your complaint against the unethical attorneys on your case, and against any unethical attorneys with the ARDC to:
https://www.iardc.org/htr_reqforinvestig_form.html
Despite the ARDC instructions to send your complaint to the Chicago office, we advise you send it to both the Chicago and Springfield offices.
As always, we at ProbateSharks invite the media and law enforcement to investigate the Corruption occurring in the Cook County Probate Courts. We would also like to recommend that you include the ARDC in your investigation.
Signed,
Your Probate Sharks Auditing Task Force Team
(What the ARDC does not want you to know)
According to a thorough audit conducted by our Probate Sharks expert team, the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC) does not appear to be doing its job when it comes to investigating the Corrupt Cook County Probate Court Cases.
Per the ARDC website: The ARDC's principal purpose is to assist the Supreme Court to determine a lawyer's fitness to practice law in Illinois. If a complaint is made that an attorney, licensed to practice law in Illinois, has engaged in illegal, unethical or dishonest conduct, the ARDC will investigate and, if warranted, bring formal disciplinary charges. The Supreme Court of Illinois will then ultimately decide if a lawyer should be censured (publicly rebuked), suspended (having the law license to practice either taken away for a certain period of time or placed on a probationary period) or disbarred (having the law license taken away indefinitely).
Probate Sharks has received numerous complaints from victims of the Corrupt Cook County Probate Courts who have filed complaints with the ARDC against the unethical lawyers on their cases. ALL of these people have told us the same thing: Despite written proof that violations were committed by the lawyers on their cases, the ARDC failed to bring the case to hearing.
Examples of the attorneys' rules violations include: 1) failing to act with reasonable diligence and promptness in representing a client; 2) failing to keep a client reasonably informed about the status of a matter or to promptly comply with reasonable requests for information; 3) failing to abide by the client's objectives concerning representation; 4) failing to deliver to the client all papers and documents to which the client is entitled; engaging in conduct that is prejudicial to the administration of justice; and 5) engaging in conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute. Additionally, victims have reported that lawyers on their cases have falsified evidence, committed perjury, falsified wills, illegally changed Powers of Attorney, failed to report criminal activity, exploited funds, failed to provide accountings, and have participated in other criminal activity on their cases. In many of these cases, the attorneys for both sides appeared to be working in a collusive manner to exploit the estates of the elderly disabled wards.
Despite written documentation (court transcripts, court orders, emails, petitions for fees, proof of falsified documents,etc), the victims of Cook County Probate Court have told Probate Sharks that their case does not get brought to hearing by the Supreme Court of Illinois. This concerns the volunteers at Probate Sharks a great deal. BILLIONS of dollars go through the Cook County Probate Court on an annual basis. However, NONE of the victims who have come to us have had their complaints brought to a hearing by the Supreme Court.
Upon hearing this, Probate Sharks elicited the help of expert auditors and statisticians to see whether or not the Illinos Supreme Court is investigating Cook County Probate Court complaints with the same diligence that they apply to complaints originating in the other courts in Illinois.
The auditors' results are quite alarming: For a one year period (September, 2009 thru September, 2010), the Illinois Supreme Court conducted 226 hearings which resulted in decisions against unethical lawyers. However, less than 1%, (only 2 of the 226 hearings) involved Cook County Probate Court Players.
Appallingly, the victims who have contacted Probate Sharks all share the same story: they claim that their cases involved unethical lawyers and judges who financially exploited their loved ones, and violated the same rules that unethical lawyers in the other Circuit Courts have been disciplined for. However, they were ALL told by the Chicago-based lawyers conducting the initial review at the ARDC that the ARDC found no wrong doing, and a hearing would not be conducted.
It appears as though the corrupt Cook County Probate players have immunity from ARDC hearings in the IL Supreme Court. Complaints against the Cook County Probate lawyers do not get past the front desks in the Chicago office of the ARDC (where the Cook County ARDC complaints are to be filed). When these complaints don't get past the front desks of these Chicago-roots attorneys, well.....they never make it to a Supreme court hearing or decision...
We at ProbateSharks find it quite odd that less than 1% of cases against lawyers that are heard by the IL Supreme Court originate in Cook County Probate Court...odd because that is where the money is. Billions of dollars are in the hands of the Cook County Probate lawyers and judges.....and these lawyers appear, from our statistical analysis, to be immune from investigation. The estates of the elderly disabled wards in Cook County are being exploited by the court system, primarily because the probate judges and the ARDC allow the illegal actions of the unethical attorneys it to occur.
The collusion and corruption appears to be entrenched throughout the Cook County Probate Courts, and appears to extend to the ARDC of the IL Supreme Court.
If you experience a similar experience with the ARDC, please contact us. We also advise you to report the lawyer at the ARDC who screens your case to... the ARDC. Send your complaint via certified mail (return receipt requested) to both the Chicago and Springfield offices.
You may file your complaint against the unethical attorneys on your case, and against any unethical attorneys with the ARDC to:
https://www.iardc.org/htr_reqforinvestig_form.html
Despite the ARDC instructions to send your complaint to the Chicago office, we advise you send it to both the Chicago and Springfield offices.
As always, we at ProbateSharks invite the media and law enforcement to investigate the Corruption occurring in the Cook County Probate Courts. We would also like to recommend that you include the ARDC in your investigation.
Signed,
Your Probate Sharks Auditing Task Force Team
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