A late-in-life friendship and a lost opportunity to say 'you matter'
Elaine Ellbogen is photographed in Libertyville on April 15, 2015. She died less than two months later, when she was struck by a train in Deerfield. She was 85. (Stacey Wescott / Chicago Tribune)
Lisa BlackContact ReporterChicago Tribune
Elaine Ellbogen refused to be confined, even while under a court-appointed guardianship.
At 85, she often signed herself out of her Libertyville nursing home, walked to the Metra station and took the train to Chicago. She'd board a bus, then window-shop along Michigan Avenue or stop in art stores and greet the proprietors, who became friends.
She showed up at the Tribune Tower one frigid February afternoon, after talking to me only once before by telephone.
She wanted her independence, she said. She wanted to punish the people who had forced her out of her Highland Park home, citing her inability to care for herself. "I do not believe I should be under guardianship," she said.
That day earlier this year marked the beginning of a short friendship that ended with tragedy, and proved to me, once again, that people can be amazingly complex.
Elaine dressed fashionably, wearing a scarf and a splash of red lipstick that offset a crown of white hair. Articulate, witty, and dramatic, she quoted literature and discussed current events each time we met.
She spoke about working as an account executive in the 1950s for Daniel Edelman's public relations firm in Chicago. Much like the era was depicted in the "Mad Men" series, it was unusual to find a woman in that role at the time. For Elaine, it clearly remained a source of great pride.
She left her job within a few years to marry and raise two sons in Highland Park, filling the home with artwork and staying active with her children's activities. At one point, she tried to get back into the public relations world, but too much time had slipped by.
By the 1980s, when her sons left for college, Elaine's collections of artwork, newspapers, mail and clothing from frequent shopping sprees became unwieldy.
That was when the hoarding began and her marriage unraveled, said her son Andrew Ellbogen. Elaine stopped allowing family members in the house, which was in dire need of repairs. One side of the roof was caving in and mold was spreading throughout the home.
"Early on, the art covered walls at home," Andrew said. "In later years, the artwork was on the floor when she ran out of wall space."
After a small fire in the home, her family members begged her to move, offering options and financial help. They asked the city of Highland Park to intervene, but Elaine refused to move or clean up the house as needed for its sale. When I asked Elaine later if she considered herself a hoarder, she replied, "That is a matter of interpretation."
Eventually, a phone repairman who was allowed entrance to the house was so disturbed by what he saw that he took photographs and sent them to city officials, who contacted the guardian's office, Andrew said.
And so in 2011, the private guardian removed Elaine from her home by having her declared disabled in court. The guardian took control of her finances and major decisions regarding her life. This was a drastic step, and Elaine did not handle it well, feeling betrayed and lied to by the guardian.
She started to write letters, compelling and coherent in tidy cursive handwriting. She addressed them to a Lake County judge, a former presidential candidate and to news reporters, including myself.
"Awakened at 7:40 a.m. by pounding on my front door, I was informed by (guardian) that she would personally return me to my home in one hour if I would accompany her to the Highland Park hospital to answer a few doctor's questions," she wrote in one four-page letter.
"I never saw my home again," she wrote. "Thus began my surreal Kafka-like agonizing true story. I am a real-life example of the horrifying fate that can befall a low-income, elderly woman."
I was interested in learning more about guardianships, which are often necessary to obtain help for people who are incapacitated, but can also be abused.
But Elaine's case, as I soon learned, was no simple matter. She did not suffer dementia, as some court records stated, though she had received psychiatric care and was not taking her medication as prescribed.
Elaine was moved into a skilled nursing home in Libertyville in 2013, after a year of failed attempts to move her into a less-restrictive setting, such as assisted living, court records state. "She was resistant to the limits placed on her for spending and outings," the guardian wrote, describing her as verbally abusive.
The last time I saw Elaine, at a coffee shop near her nursing home, she spoke about the Oscar Wilde play, "A Woman of No Importance" and her fear, after guardianship "that I was nothing now. That I was absolutely unwanted, destroyed."
Yet she seemed happier than on past occasions. After her funds ran out, the state took over Elaine's guardianship, and authorities were working on moving her to an apartment. She was allowed more freedom, and continued to leave the nursing home for short excursions.
She had begun piling papers and items in the private room she had at the nursing home, and clothes still carrying their tags hung along the wall. She had made some friends and enjoyed a good relationship with her ex-husband, her son Andrew said.
"The goal was always to let her have as much independence as possible," he said.
So, it was shocking to learn that, on June 2, Elaine left for a shopping trip and never returned home.
She had been struck by a train in Deerfield, and was not identified until a day later. Her death was ruled an accident by the Lake County coroner's office.
"She just miscalculated crossing the tracks," said Orlando Portillo, chief deputy coroner.
Her family members remain horrified that she met such a violent end, despite their attempts to keep her safe. She had been looking forward to her granddaughter's upcoming dance recital, Andrew said.
I couldn't stop thinking about her after learning the news. She had astonished me with her eloquence and mobility, and I enjoyed our visits. While I initially questioned why she was under a guardian's care, I began to understand why her family had become frustrated and sought the city's help.
Despite her eccentricities — or maybe because of them — I was touched by her and considered her a "woman of importance."
I wish she had lived long enough for me to tell her that.
lblack@tribpub.com
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Date: December 7, 2015
From: Ken Ditkowsky
Subject: The Road to Hell is paved with good intentions.
The following Article appeared in the Chicago Tribune. It describes in some detail an ultra vires guardianship, and the violation of a senior citizen’s Civil Rights. Granted this is not a Mary Sykes, Carol Wyman, Alice Gore, Helen Stone **** guardianship, but nevertheless it crosses the line and abuses abound.
The article is attached in full, with emphasis of important statements. By use of footnotes I want to point out the problems, to wit:
A late-in-life friendship and a lost opportunity to say 'you matter'
Elaine Ellbogen is photographed in Libertyville on April 15, 2015. She died less than two months later, when she was struck by a train in Deerfield. She was 85. (Stacey Wescott / Chicago Tribune)
Lisa BlackContact ReporterChicago Tribune
85-year-old woman defies guardianship, forms new friendship before tragic death
Elaine Ellbogen refused to be confined[1], even while under a court-appointed guardianship.
At 85, she often signed herself out of her Libertyville nursing home, walked to the Metra station and took the train to Chicago. She'd board a bus, then window-shop along Michigan Avenue or stop in art stores and greet the proprietors, who became friends.[2]
She showed up at the Tribune Tower one frigid February afternoon, after talking to me only once before by telephone.
She wanted her independence, she said. She wanted to punish the people who had forced her out of her Highland Park home, citing her inability to care for herself. "I do not believe I should be under guardianship," she said.[3]
That day earlier this year marked the beginning of a short friendship that ended with tragedy, and proved to me, once again, that people can be amazingly complex.
Elaine dressed fashionably, wearing a scarf and a splash of red lipstick that offset a crown of white hair. Articulate, witty, and dramatic, she quoted literature and discussed current events each time we met.
She spoke about working as an account executive in the 1950s for Daniel Edelman's public relations firm in Chicago. Much like the era was depicted in the "Mad Men" series, it was unusual to find a woman in that role at the time. For Elaine, it clearly remained a source of great pride.
She left her job within a few years to marry and raise two sons in Highland Park, filling the home with artwork and staying active with her children's activities. At one point, she tried to get back into the public relations world, but too much time had slipped by.
By the 1980s, when her sons left for college, Elaine's collections of artwork, newspapers, mail and clothing from frequent shopping sprees became unwieldy.
That was when the hoarding began and her marriage unraveled, said her son Andrew Ellbogen. Elaine stopped allowing family members in the house, which was in dire need of repairs. One side of the roof was caving in and mold was spreading throughout the home.[4][5]
"Early on, the art covered walls at home," Andrew said. "In later years, the artwork was on the floor when she ran out of wall space."
After a small fire in the home, her family members begged her to move, offering options and financial help. They asked the city of Highland Park to intervene, but Elaine refused to move or clean up the house as needed for its sale. When I asked Elaine later if she considered herself a hoarder, she replied, "That is a matter of interpretation."
Eventually, a phone repairman who was allowed entrance to the house was so disturbed by what he saw that he took photographs and sent them to city officials, who contacted the guardian's office, Andrew said.
And so in 2011, the private guardian removed Elaine from her home by having her declared disabled in court.[6]The guardian took control of her finances and major decisions regarding her life. [7]This was a drastic step, and Elaine did not handle it well, feeling betrayed and lied to by the guardian.[8]
She started to write letters, compelling and coherent in tidy cursive handwriting. She addressed them to a Lake County judge, a former presidential candidate and to news reporters, including myself.
"Awakened at 7:40 a.m. by pounding on my front door, I was informed by (guardian) that she would personally return me to my home in one hour if I would accompany her to the Highland Park hospital to answer a few doctor's questions," she wrote in one four-page letter.
"I never saw my home again," she wrote. "Thus began my surreal Kafka-like agonizing true story. I am a real-life example of the horrifying fate that can befall a low-income, elderly woman."[9]
I was interested in learning more about guardianships, which are often necessary to obtain help for people who are incapacitated, but can also be abused.
But Elaine's case, as I soon learned, was no simple matter. She did not suffer dementia, as some court records stated, though she had received psychiatric care and was not taking her medication as prescribed.
Elaine was moved into a skilled nursing home in Libertyville in 2013, after a year of failed attempts to move her into a less-restrictive setting, such as assisted living, court records state. "She was resistant to the limits placed on her for spending and outings," the guardian wrote, describing her as verbally abusive.
The last time I saw Elaine, at a coffee shop near her nursing home, she spoke about the Oscar Wilde play, "A Woman of No Importance" and her fear, after guardianship "that I was nothing now. That I was absolutely unwanted, destroyed."
Yet she seemed happier than on past occasions. After her funds ran out, the state took over Elaine's guardianship, and authorities were working on moving her to an apartment. She was allowed more freedom, and continued to leave the nursing home for short excursions.
She had begun piling papers and items in the private room she had at the nursing home, and clothes still carrying their tags hung along the wall. She had made some friends and enjoyed a good relationship with her ex-husband, her son Andrew said.
So, it was shocking to learn that, on June 2, Elaine left for a shopping trip and never returned home.
She had been struck by a train in Deerfield, and was not identified until a day later. Her death was ruled an accident by the Lake County coroner's office.
"She just miscalculated crossing the tracks," said Orlando Portillo, chief deputy coroner.
Her family members remain horrified that she met such a violent end, despite their attempts to keep her safe. She had been looking forward to her granddaughter's upcoming dance recital, Andrew said.
I couldn't stop thinking about her after learning the news. She had astonished me with her eloquence and mobility, and I enjoyed our visits. While I initially questioned why she was under a guardian's care, I began to understand why her family had become frustrated and sought the city's help.[11]
Despite her eccentricities — or maybe because of them — I was touched by her and considered her a "woman of importance."
I wish she had lived long enough for me to tell her that.
[1] The Constitution of the State of Illinois and the Bill of Rights protect individuals from confinement against their wills. A court appointed guardianship is limited. The appointment of a guardianship can not and should not result in a forfeiture of liberty. 755 ILCS 5/11a -3b makes it clear that a guardianship if appropriate is very limited and very restrictive as to what rights are taken away. A senior citizen does not have to be Einstein to not be subject to a guardianship. In fact, if you look at the quality of guardianship in the Sykes, Gore, Wyman *** cases society would be better served by the Court appointed guardian being appointed a guardian.
[2] This statement indicates that Ms. Ellbogen knew the objects of her bounty, the extent and nature of her property, could form a plan **** This statement ipso facto indicates that the guardianship appointment was dead wrong and an open and notorious violation of Ms. Ellbogen’s civil rights in derogation of the 14th Amendment and a ‘taking’ The fact that I seem a bit strange or slower than I was a 18 does not authorize the State to invade my Constitutional Rights and interfere in my life. Even in this politically correct society I do not have to march to the drummer artificially determined for me. I recall some Hollywood celebrity who wore her underwear outside of her clothes – no guardian was appointed for her! The fact that Ms. E’s home fell into disrepair also does not qualify her for a guardian. Using an elephant gun to kill a mouse is not an acceptable solution.
[3] Mrs. E was absolutely correct. The petitioner for a guardianship has to prove by clear and convincing evidence that Mrs. E no longer was capable of making the minimum decisions that a person must make. We do not use the Buck vs Bell or the Dred Scott decision as our criteria. We require serious proof! The diminished capacity has to be significant as the loss of rights is dramatic. APPARENTLY, the hearing required by 755 ILCS 5/11a – 10 was not afforded or was considered a formality. Thus, a senior citizen’s rights were forfeited and her rights as a citizen taken from her arbitrarily and inappropriately. THIS IS A TRAGIC AND INTOLERABLE SITUATION!
[4] The citizen reporting by the telephone man of horrible conditions in Ms. E’s home may have indicated that she needed so type of help. A guardianship that removes her from the home, separates her from her finances, etc is a bit much! It is also a forfeiture and an Unconstitutional act. My son’s bedroom during his teenage years should have been condemned. I doubt if he ever put anything away; however, a cleaning crew and a dumpster solved the problem without having a guardian appointed for him. Ms. E from the description in the article certainly would have welcomed some domestic help. If you recall, we have meals on wheels to help seniors and disabled people to get proper meals. Providing a little domestic help is not ‘over the top!’
[5] Helping seniors and disabled persons with finding reliable handymen et al to maintain their homes is a service that the Village of Highland Park could have provided. Hiring some clout heavy political hack to take over the finances of the senior whose home is in need of repairs is in direct violation of 755 ILCS 5/11a – 3b. In all to many cases disrepair is an excuse for a Court ordered sale of the dwelling. The dwelling is sold at a bargain price and a short time thereafter a McMansion appears on the site.
Highland Park is an affluent suburb. Land values are through the roof and few poor people live there. It would be interesting to look into the details of the sale of Ms. E’s home and the mesne sales that followed.
[6] “having E*** declared disabled in Court***” is not a routine matter. What occurred herein was a forfeiture of CIVIL RIGHTS. This simple statement says that a citizen was deprived of her Fifth and Fourteenth Amendment Rights. A hue and cry should be raised! If the Judge who signed the order did not strictly follow the requirements of the guardianship act and in particular 755 ILCS 5/11a – 10 he should be impeached, removed from the bench, drawn and quartered and disbarred. This is America! We have no room for corrupt judges or judges that are not familiar with America’s core values. Pre-teens have to know and understand these principles as a condition precedent to being admitted into high school. Does it not seem appropriate that Judges who are paid six figure salaries should meet the same criteria.
[7] Because a senior citizen is deemed by the telephone repair man to be a poor housekeeper, the senior citizen has her finances and life taken away from her? Footnote 7, connotes a statement the equivalent of the Soviet Gulag! How did the Judge justify such an order? Who testified? What were his qualifications? Has the States Attorney investigated the statement for perjury? Has Justice looked into this case for violations of Civil Rights?
In a following paragraph the articles says: “She did not suffer dementia, as some Court records stated.” This is a very serious charge!
[8] Wow! Please read 755 ILCS 5/11a – 10. Please read the Americans With Disabilities Act. From the article it appears that the safeguards required by the RULE OF LAW were totally ignored. Let’s examine this case:
1) The statute requires notice and hearing. Looking at the Court file, was the proper summons served on Ms. E? Were the prior notices served? Did she have an attorney? Was their testimony taken? Was a determination made of Ms. E’s mental health so as to not unduly infringe on her Constitutional Rights.
2) Was Ms. E’s objections raised in Court? If not, why not?
[9] What was done concerning these serious averment? Did the Judge hold a hearing? The guardianship is intended to be a reasonable accommodation – not a forfeiture of property and rights. A question arises: Ms E had sufficient assets to reside in Highland Park until the guardian was appointed. However, after the guardian was appointed her money ran out? Interesting that should occur – this is a common pattern. A guardianship is not supposed to be a redistribution of the wealth so as to enrich the guardian and other judicial officials.
[10] Andrew apparently understood the guardianship act’s purpose. See 755 ILCS 5/11a – 3b
[11] Forfeiture of Civil Rights and property is not a reasonable accommodation. Guardianship is a serious matter and cannot be taken lightly. It is too bad that a family gets frustrated with a senior citizen. However, the accommodation required by the law is for the benefit of the senior or disabled person and his/her rights, privileges and immunities under law are entitled to full and complete protection.
Ken Ditkowsky
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