Unlike the school teacher and his blog Probate Sharks, or JoAnne Denison and her blog that is akin to yelling fire in a crowded theater, I have strong political views and have strong opinions and bias.
I've tried by these daily e-mails to try to induce people to go to the 12th Floor of the Daley Center and draw out the Mary Sykes filed 09 P 4585, and the Alice Gore file. I want people to see these files so that the full shock of the perfidy and amoral conduct of the corrupt judges, lawyers, and corrupt judicial officials can be observed in its full infamy. I hoped to demonstrate the full extent of the nefariousness of not only the elder cleansing but the cover-up promulgated by Jerome Larkin and the 18 USCA 371 co-conspirators in their demonstration of National Socialistic programs.
To a large extent I failed. However, if you goggle 755 ILCS 5/11a - 3 in addition to the statute which essentially reiterates the Americans with Disabilities Act and the Justice Department Regulations you will find a check list on guardianship. This document has the forms and procedures to indicate what a guardianship is all about. (This document is reproduced infra) HOWEVER, it should be noted that the limitations required by the 14th Amendment, the Americans with Disabilities Act, and the Rule of Law are largely ignored.
To reiterate - the guardianship act seeks to make a reasonable accommodation for whatever disability the senior citizen may enjoy. It is not intended as a forfeiture of Civil and human rights. The Illinois Supreme Court may wish to abrogate the First Amendment of lawyers and 8.3 of its own rules so as to participate in Mr. Larkin's obscene vitiation of the Rule of Law and the oath of lawyers, but such conduct is criminal 18 USCA 241 and 18 USCA 242.
(on the civil side it is a conspiracy to breach fiduciary relationships and a taxable event.) It is also overt tax evasion. Each member of the conspiracy owes Federal and State Income taxes, interest and penalties. With the STate of Illinois on the verge of bankruptcy, public officials (including Jerome Larkin) should be held to a high standard and not given a pass on paying their income taxes due from preying on the elderly and the disabled.
The document referred to supra states:
THE GUARDIANSHIP PROCEDURE: FROM CLIENT INTAKE THROUGH AN UNCONTESTED HEARING
1. Different Types of Guardianship Estates A. Pursuant to Section 11a-3 of the Illinois Probate Act (755 ILCS 5/11a-3), a Court may appoint the following types of guardian:
(1) A guardian of the person, if it has been demonstrated by clear and convincing evidence that because of disability, a person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his/her care.
(NB - note the limitation in section 3b and the fact that the guide disregards it. What exactly is Lack of capacity? Does the inability to calculate the return on capital in a REIT require a guardian to be appointed? Does the loss of the ability to distinguish between blue and gray? It is submitted that if the individual has the capacity to make will, a guardian should not be appointed - this means if Mary Sykes knew the objects of her bounty, the extent and nature of her property and could perform simple contracts - she was not in need of a guardian. As the presiding judges admitted on pages 90 and following of her evidence deposition that she was 'wired' a serious problem of violation of Civil and Human rights existed. The refusal of government to address this problem is not only wrongful, but a very serious felony.)
(2) A guardian of an estate, if it has been demonstrated by clear and convincing evidence that because of disability a person is unable to manage his/her estate or financial affairs.
(3) A guardian of the person and estate. B. Pursuant to Section 11a-12 of the Probate Act, the Court shall appoint either a limited or a plenary guardian, for the person, estate or both. (1) If the Court determines that a disabled person lacks some but not all of the capacity as specified in Section 11a-3 of the Probate Act, the Court shall appoint a limited guardian. If the Court determines that the disabled person is totally without capacity as specified in Section 11a-3, then the Court shall appoint a plenary guardian. (2) The Court’s Order must state the factual basis for its finding of either a limited or plenary guardian.
2. Who May Serve as Guardian Section 11a-5 of the Probate Act sets out the requirements as to who may act as a guardian. A. An individual must be capable of providing an active and suitable program of guardianship, and meet the following requirements: (1) Age 18 or older (2) Resident of the United States (3) Not of unsound mind (NB. In the Alice Gore case, it has been suggested that the guardian had less capacity than Ms. Gore. The actions of the guardian suggest that this analysis was accurate.)(4) Has not been judged a disabled person as defined in the Illinois Probate Act (5) Has not been convicted of a felony, subject to exceptions as provided in the statute.
B. Any public agency, or not for profit corporation found capable by the Court of providing an active and suitable program of guardianship; however, an agency which is directly providing residential services shall not be eligible to be appointed as a guardian. C. Any corporation qualified to accept and execute trusts in the State of Illinois maybe appointed guardian of the estate only. 3. An Overview of the Appointment Process Attached hereto are materials entitled “The Guardianship Procedure” which has been prepared by Mr. Anthony J. DelGiorno, Esq., for a prior seminar. Mr. DelGiorno has granted written permission to use his materials. 4. Closing the Guardianship A. Death of Disabled Person Section 24-12 of the Probate Act states that the office of guardian terminates when the disabled person dies. Section 24-19 of the Probate Act states that upon the death of a disabled person and until the Letters of Office are issued, the guardian of the estate has the powers and duties of an administrator to collect. Section 24-11(a) of the Probate Act states that a guardian shall present a verified account within 30 days after the termination of its office or within such further time as the Court allows. B. Other than Death Section 11a-20 of the Probate Act provides the procedure for the termination of an adjudication of disability and revocation of Letters of Office. A verified Petition must be filed by the guardian or the disabled person. The Petition must allege the following: (1) A report completed in accordance with Section 11a-9 of the Probate Act stating that the disabled person is no longer in need of a guardianship; (2) The disabled person no longer wants to be under guardianship; (3) The guardian states that it is in the best interest of the disabled person to terminate the adjudication of disability. If a Petition is filed pursuant to Section 11a-20, Section 11a-21 of the Probate Act provides the procedure for a hearing on said Petition. At the hearing, the Court may do any of the following: (1) Dismiss the petition (2) Terminate the adjudication of disability (3) Revoke Letters of Guardianship (4) Modify the duties of the guardian (5) Make any other Order which the Court deems appropriate and in the best interests of the ward. THE GUARDIANSHIP PROCEDURE The Probate Act of 1975 sets forth the process for the appointment of a guardianship of a person or estate of a disabled adult. See 755 ILCS 5/11a-1 et. seq. The previous lecture discussed the nature of disability as defined by Section 5/11a-2 of the Act. This material outlines the steps necessary for the establishment of a guardianship. Guardianships can be created for the estate, the person, or both. The duties of a guardian of the estate and person are discussed in a subsequent lecture. It is important to know that depending on the type of disability involved, a limited guardianship can be fashioned' . It is incumbent upon the court to fashion the least restrictive alternative available for the protection of the ward. When first meeting with a client, it is important to obtain basic information that is required in a Petition for Guardianship pursuant to the Probate Act. See Exhibit A, which is a Guardianship Intake Form eliciting this information. The information to be included in the Petition is: (a) the relationship and interest of the petitioner to the respondent; (b) the name, date of birth, and place of residence of the respondent; (c) the reasons for the guardianship; (d) the name and post office address of the respondent's guardian, if any, or of the respondent's agent or agents appointed under the Illinois Power of Attorney Act, if any; (e) the name and post office addresses of `the nearest relatives. of the respondent in the following order: the spouse and adult children, parents and adult brothers and sisters, if any; if none, nearest adult kindred known to the petitioner; (f) the name and, address of the person with whom or the facility in which the respondent is residing; (g) the approximate value of the personal and real estate; ¹(755 ILCS 5/11a-14) (from Ch. 110 1/2, par. 11a-14) Sec. 11a-14. Legal disabilities of ward.) (a) An order appointing a limited guardian of the person under this Article removes from the ward only that authority provided under Section 11a-17 which is specifically conferred on the limited guardian by the order. An order appointing a limited guardian of the estate under this' Article confers on the limited guardian the authority provided under Section 1la-18 not specifically reserved , to the ward. The appointment of a limited guardian under this Article shall - not constitute a finding of legal incompetence. (d) An order appointing a plenary guardian under this Article confers on the plenary guardian of the person the authority provided under Section 11a-17 and on the plenary guardian of the estate the : authority provided under Section 11a-18. (Source: P.A. 81-795.) the amount of the anticipated annual gross income and other receipts; the name, post office address and in case of an individual, the age, relationship to the respondent and occupation of the proposed guardian. In addition, if the petition seeks the appointment of a previously appointed standby guardian as guardian of the disabled person, the petition must also state: the facts concerning the standby guardian's previous appointment and the date of death of the disabled person's guardian or the facts concerning the consent of the disabled person's guardian to the appointment of the standby guardian as guardian, or the willingness and ability of the disabled person's guardian to make and carry out day-to-day care decisions concerning the disabled person. A petition for adjudication of disability and the appointment of a guardian of the estate or the person or both of an alleged disabled person: may not be dismissed or withdrawn without leave of the court. 755 ILCS 5/1' 1. a-8. See Exhibit B (Petition for Guardianship Form). Before commencing the proceeding, a physician's report must generally be obtained pursuant to Section 5/11a-9. This form is not absolutely necessary in the event that a person has not been recently evaluated by a physician. The physician report must comply with the statute as follows: The petition for adjudication of disability and for appointment of a guardian should be accompanied by a report which contains (1) a description of the nature and type of the respondent's disability and an assessment of how the disability impacts on the ability of the respondent to make decisions or to function :independently; (2) an analysis ' and results of evaluations of the respondent's mental and physical condition and, where appropriate, educational condition, adaptive behavior and social skills, which have been performed within 3 months of the date of the filing of the petition; (3) an opinion as to whether guardianship is needed, the type and scope of the guardianship needed, and the reasons therefor, (4) a recommendation as to the most suitable living arrangement and, where. appropriate, treatment or habilitation plan for the respondent and the reasons therefor; (5) the signatures of all persons who performed the evaluations upon which the report is based, one of whom shall be a licensed physician and a statement of the certification, license, or other ' credentials that qualify the evaluators who prepared the report. If for any reason no report accompanies the petition, the court shall order appropriate evaluations to be performed by a qualified person or persons and a report prepared and filed with the court at least 10 days prior to the hearing. (c) Unless the court otherwise directs, any report prepared pursuant to this Section shall not be made part of the public record of the proceedings but shall be available to the court or an appellate court in which the proceedings are subject to review, to the respondent, the petitioner, the guardian, and their attorneys, to the respondent's guardian ad litem, and to such other persons as the court may direct. See Exhibits C & D (Physician Report Cover and Report, respectively). At the time of filing, the following pleadings should be filed simultaneously: Petition for Guardianship including a copy of any effective Power of Attorney for Healthcare or Property as an exhibit thereto .² Physician Report (if available) Order Appointing Guardian Ad Litem (requires appearance before judge) pursuant to 755 ILCS 5/1la10(a)³. See Exhibit E. Petition for Temporary Guardianship (needed in the event of exigent/emergency circumstances and to potentially authorize a medical examination of the alleged disabled person in anticipation of the hearing.) See Exhibit F. 2 Pursuant to Section 5/11a-6, a person, when competent, may designate in writing whom they prefer to serve as their guardian of the person or estate, if such appointment becomes necessary. A Power of Attorney (Statutory Short Form for Healthcare and Property) include a designation. Regardless, a Guardian's authority does not supplant that of a Power of Attorney absent the court's order to set-aside the Power of Attorney. See 755 ILCS 45/2-10. 3 Upon the filing of a petition pursuant to Section 1 la-8; the court shall set a date and place for hearing to take place within 30 days: The court shall appoint a guardian ad litem to report to the court concerning the respondent's best interests consistent with the provisions of this Section, except that the appointment of a guardian ad litem shall not be required when the court determines that such appointment is not necessary for the protection of the respondent or a reasonably informed decision on the petition. If the guardian ad litem is not ' a licensed attorney, he or she shall be qualified, by training or experience, to work with or advocate for the developmentally disabled, mentally ill, physically disabled, the elderly, or persons disabled because of mental deterioration, depending on the type of disability that is alleged in the petition. The court may allow the guardian ad litem reasonable compensation, The guardian ad. litem may consult with a person who by training or experience is qualified to work with persons with a developmental disability, persons with mental illness, or physically disabled persons, or persons disabled because of mental deterioration, depending on the type of disability that is alleged. The guardian ad litem shall personally observe the respondent prior to the hearing and shall inform him orally. and in writing of the contents of the petition and of his rights under Section 11a-11. The guardian ad litem shall also attempt to elicit the respondent's position concerning the adjudication of disability, the proposed guardian, a proposed change in residential placement, changes in care that might result from the guardianship, and other areas of inquiry deemed appropriate by the court: At or before the hearing, the guardian ad litem shall file a written report detailing his or her observations of the respondent, the responses of the respondent to any of the inquires detailed in this Section, the opinion of the guardian ad litem or other professionals with whom the guardian ad litem. consulted concerning the appropriateness of guardianship, and any other material issue discovered by the guardian ad litem. The guardian ad litem shall appear at the hearing and testify as to any issues presented in his or her report; Order for Temporary Guardianship (requires appearance before judge and an evidentiary hearing depending upon the county in which the Petition is brought) See Exhibit G. Oath of Office for Temporary Guardian, if applicable. See Exhibit H. Notice of Hearing' (Per 755 ILCS 5/11a-10, the court is to schedule the hearingwithin 30 days of the filing of a petition. This is often not adhered to, but the petitioning attorney should attempt to schedule the hearing in that time frame as it is a legitimate ground of objection later in the proceeding.) See Exhibit I. A Notice of Rights of Respondent should be issued and be served upon the ward. See Exhibit J. This Notice is to be served no later than 14 days before the hearing. 755 ILCS 5/11a-10(f) As referenced in this list of required documents, a Temporary Guardianship may be necessary when an alleged disabled person is a danger to themselves As referenced in this list of required documents, a Temporary Guardianship may be necessary when an alleged disabled person is a danger to themselves or others due to an inability to make reasoned and safe decisions arising from their diagnosed medical condition. The Temporary Guardianship provisions of the Probate Act provide: (755 ILCS 5/11a-4) (from Ch. 110 ½, par. 11a-4) Sec. 11 a-4. Temporary guardian. Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a citation proceeding brought pursuant to Section 23-3 of this Act, the court may appoint a temporary guardian upon a showing of the necessity therefor for the immediate welfare and protection of the alleged disabled person or his estate on such notice and subject to such conditions as the court may prescribe. In determining the necessity for temporary guardianship, the immediate welfare and protection of the alleged disabled person and his or her estate shall be of paramount concern, and the interests of the petitioner, any care provider, or any other party shall not outweigh the. interests of the alleged disabled person. The temporary guardian shall have all of the powers and duties of a guardian of the person or of the estate which are specifically enumerated by court order. The court order shall state the actual harm identified by the court that necessitates temporary guardianship. The temporary guardianship shall expire within 60 . days after the appointment or whenever a guardian is regularly appointed, whichever occurs first. Except pending the disposition on appeal of an adjudication of disability, no extension shall be granted. However, the ward shall have the right any time after the appointment of a temporary guardian is made to petition the court' to revoke the appointment of the temporary guardian. The uncontested hearing on guardianship is typically a simple hearing where no evidence needs to be taken--depending, again, on the county in which you are bringing the Petition. The statute provides the requisites for the adjudication of disability as follows: (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3) Sec. 11a-3. Adjudication of disability; Power to appoint guardian. Upon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person, but only if it has been demonstrated by clear and convincing evidence that the person is a disabled person as defined in Section 11a - 2. If the court adjudges a person to be a disabled person, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate. Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance . and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations. (Source: P.A. 93-435, eff. 1-1-04.) The Order for Guardianship should comply with the Probate Act as follows: (755 ILCS 5/11a-12)(from Ch. 110 1/2, par. 11a-12) Sec. 11a-12. Order of appointment.) If basis for the appointment of a guardian as specified in Section l la-3 is not found, the court shall dismiss the petition, If the respondent is adjudged to be disabled and to lack some but not all of the capacity as specified in Section 1la-3, and if the court finds that guardianship is necessary for the protection of the disabled person, his or her estate, or both, the court shall appoint a limited guardian for the respondent's person or estate or both. The court shall enter a written order stating the factual basis for its findings and specifying the duties and powers of the guardian and the legal disabilities to which the respondent is subject. If the respondent is adjudged to be disabled and to be totally without capacity as specified in Section l1a-3, and if the court finds that limited guardianship will not provide sufficient protection for the disabled person, his or her estate, or both, the court shall appoint a plenary guardian for the respondent's person or estate or both. The court shall enter a written order stating the factual basis for its findings. The selection of the guardian shall be in the discretion of the court, which shall give due consideration to' the preference of the disabled person as to a guardian, as well as the qualifications of the proposed, guardian, in making its appointment, Set Exhibit K. If residential placement is to be one of the powers of the Guardian of the Person, it must be specifically referenced in the Order Appointing Guardian. See 755 ILCS 5/11a-14.1. 4 In Sangamon County, once the Order Appointing Guardian is entered, a Scheduling Order for filing an inventory and regular accountings must be entered. See Exhibit L. Also at the Plenary Hearing, the Oath and Bond of Representative must be filed and approved by the judge. See , Exhibit M. Remember, that the bond must be 1 ½ times the value of the personal estate of the disabled adult when a corporate bond is used, and 2 times the value of the personal estate when two private individuals are used as sureties. 755 ILCS 5/12-5. 4 No guardian appointed under this Article, except for duly appointed Public Guardians and the Office of State Guardian, shall have the power, unless specified by court order, to place his ward in a residential facility. The guardianship order may specify the conditions on which the guardian may admit the ward to a residential facility without further court order. In making residential placement decisions, the guardian shall make decisions in conformity with the preferences of the ward unless the guardian is reasonably certain that the decisions will result in substantial harm to the ward or to the ward's estate. When the preferences of the ward cannot be ascertained or where they will result in substantial harm to the ward or to the ward's estate, the guardian shall make decisions with respect to the ward's placement which are in the best interests of the ward. The guardian shall not remove the ward from his or her home or separate the ward from family and friends unless such removal is necessary to prevent substantial harm to the ward or to the ward's estate. The guardian shall have a duty to investigate the availability of reasonable residential alternatives. The guardian shall monitor the placement of the ward on an on-going basis to ensure its continued appropriateness, and shall pursue appropriate alternatives as needed. EXHIBIT A GUARDIANSHIP INTAKE FORM Information About the Alleged Disabled Person: Name: Date of Birth: ___________________________ Address: ___________________________ City/Town/Zip ___________________________ Physician: ___________________________ Approximate value of real property* Approximate value of personal property** Gross Monthly Income: Social Security: Other Income Describe other Is there presently a Guardian for this person? Yes No Is there presently a Power of Attorney for this person? Yes No If you answered yes to the question above, please. list the name(s) of the Guardian/ Power of Attorney along with their address and relationship to the alleged disabled person. Name Address City/Town/Zip Relationship Name Address City/Town/Zip Relationship * Provide an itemized list of all real estate, including location and approximate value. **Provide an itemized list of all bank and investment accounts, including name of Institution, account number, and values. Information regarding Petitioner(s) (individuals who will serve as guardian): Name Address City/Town/Zip Relationship Age Employer Name Address City/Town/Zip Relationship Age Employer List and/or describe physical and mental disabilities: Information regarding nearest relatives of disabled person (use additional sheets as necessary): Name Address City/Town/Zip Relationship Name Address City/Town/Zip Relationship Name Address City/Town/Zip Relationship Petitioner 1 Date Petitioner 2 Date PROVIDE COPIES OF ANY POWERS OF ATTORNEY SIGNED BY THE ALLEGED DISABLED PERSON EXHIBIT B STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY OF IN THE MATTER OF THE GUARDIANSHIP OF [DISABLED PERSON], An Alleged Disabled Adult. VERIFIED PETITION TO APPOINT A PLENARY GUARDIAN COMES NOW, the Petitioner, [NAME], by and through RAMMELKAMP BRADNEY, P.C., his/her attorneys, alleges and petitions this Court as follows: 1. That he/she is a reputable citizen of Illinois. 2, That the Petitioner' s address is located at [address], [city], Illinois. 3. That [DISABLED PERSON] resides at [address]; [city], Illinois. His/Her date of birth Is 4. That [DISABLED PERSON] is disabled as defined in 755 ILCS 5/11a-2 due to . Due to this condition, he/she is unable to live independently and requires twenty-four (24) hour supervision for daily living in a skilled nursing facility. [DISABLED PERSON] has no Guardian of his/her person or estate presently appointed; nor any agent or agents appointed under the Illinois Power of Attorney Act. The names and addresses of the nearest relatives of [DISABLED PERSON] are as follows: [Name] [relationship] [street address] [city], IL [zip] [Name] [relationship] [street address] [city], IL [zip] On information and belief, the approximate value of the real and personal estate of [DISABLED PERSON] is as follows: Personal: $ _____________Real: Residential Real Property Located At [address, city, state, county, state]. Property is held jointly with spouse and its approximate value is $ The anticipated gross annual income and other receipts at this time of [DISABLED PERSON] is approximately $ per year from Social Security. 9. That [PETITIONER], [relationship] of [DISABLED PERSON], is qualified and willing to act as Plenary Guardian of the Person and Estate of [DISABLED PERSON]. WHEREFORE, the Petitioner prays that: [DISABLED PERSON] be adjudged a disabled person. [PETITIONER] be appointed Plenary Guardian of the Person and Estate of [DISABLED PERSON]. Letters of Guardianship of the Person and Estate issue to [PETITIONER] as Guardian. That the Guardian be granted residential placement authority over [DISABLED PERSON] to require his/her residence in a 24-hour skilled care nursing facility. The Court grant such further relief as is just and proper. [PETITIONER] BY: RAMMELKAMP BRADNEY, P.C. His/Her attorneys BY: Of Counsel ATTORNEYS FOR PETITIONER VERIFICATION [PETITIONER], being first duly sworn states under oath that he/she has personal knowledge of the facts and statements alleged in the foregoing Petition for Temporary Guardian of Person and Estate and that they are true and correct to the best of hie/her knowledge and belief, except for those alleged to be on information and belief, and those she believes to be true and correct. [PETITIONER] Subscribed and sworn to before me this day of ______________, 2009. NOTARY PUBLIC EXHIBIT C STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY OF _________________________ IN THE MATTER OF THE G U A R D I A N S H I P ) ) OF ) No. [YR]-P- [DISABLED PERSON], ) An Alleged Disabled Adult. ) PHYSICIAN'S AFFIDAVIT AND MEDICAL REPORT (COVER PAGE) Attached hereto is the Physician's Affidavit and Medical Report for the above named alleged disabled adult. Pursuant to 755 ILCS 5/11a-9(c), such report shall be kept under seal and only available to the court, parties of record or other Interested persons under the Probate Act of 1975. EXHIBIT D STATE OF ILLINOIS IN THE CIRCUIT COURT FOR THE JUDICIAL CIRCUIT COUNTY OF IN THE MATTER OF THE GUARDIANSHIP ) ) OF ) NO. [YR]-P-, , [DISABLED PERSON], ) AN ALLEGED DISABLED PERSON. ) PHYSICIAN'S AFFIDAVIT AND MEDICAL REPORT I, [PHYSICIAN NAME], on oath state as follows: 1. I am a physician, licensed to practice medicine in all of its branches in the State of Illinois. 2. I most recently examined [Disabled Person] on 3. [Disabled Person] is disabled by 4. The following is my evaluation of [Disabled Person]'s mental, physical and educational condition, adaptive behavior, and social skills: Mental: Physical: Educational: Adaptive Behavior: Social Skills: Based upon my examination and evaluation of [Disabled Person], it is my opinion that a Guardianship is needed. I recommend that the guardianship be plenary, or limited (circle one). If limited, the limitations shall be as follows: My recommendation as to the most appropriate treatment or habilitation plan and living arrangement for [Disabled Person] is that he/she continue to live in a residential long-term-care facility such as [Facility]. [or other particulars as provided by attorney and petitioner] Additional reasons for the above recommendations are as follows: Dated this day of , 20___. [Physician Name], M.D. STATE OF ILLINOIS ) ) ss COUNTY OF ) Before me, a Notary Public in and for the County of , State of Illinois, appeared, [Physician Name], M.D., personally known to me to be the same person who executed the foregoing Affidavit and Medical Report and acknowledged that he executed and delivered said instrument as his free and voluntary act and deed, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 20 Notary Public EXHIBIT E STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ________ JUDICIAL CIRCUIT COUNTY OF ______________ IN THE MATTER OF THE GUARDIANSHIP OF ) OF ) NO. [YR]-P-___________ [DISABLED PERSON], ) An Alleged Disabled Person. ) ORDER APPOINTING GUARDIAN AD LITEM A Petition has been filed in this Court alleging that the above-named person is incompetent and in need of a plenary guardian. A hearing on the Petition has been set for the day of [Month], [yr], at_____________ a.m./p.m. THEREFORE, IT IS ORDERED THAT: [GAL Attorney], a licensed attorney, is hereby appointed as the Guardian Ad Litem to represent the interests of the [DISABLED PERSON]. The Petitioner herein shall be responsible for payment of reasonable and customary fees for the Guardian Ad Litem's services, providing that the Guardian Ad Litem shall submit monthly bills to this court, or the petitioner's attorney, for services rendered. ENTERED: , [yr]. CIRCUIT JUDGE EXHIBIT F STATE OF ILLINOIS IN THE CIRCUIT COURT FOR THE JUDICIAL CIRCUIT COUNTY OF____________________ IN THE MATTER OF THE GUARDIANSHIP OF [DISABLED PERSON], AN ALLEGED DISABLED PERSON. PETITION FOR TEMPORARY GUARDIAN OF THE PERSON AND ESTATE Now comes [PETITIONER] who on oath state as follows: That on even date herewith, a Petition for the appointment of a Guardian of the Person and Estate of [DISABLED PERSON] was filed. That a Temporary Guardian of the Person and Estate of [DISABLED PERSON] is necessary for the protection of the Respondent because he/ she suffers from ________________, is in need of 24-hour care and supervision in a skilled nursing facility, and refuses to consent to such treatment and placement as recommended to his/her family by his/her treating physicians. WHEREFORE, your Petitioner prays that [PETITIONER], qualified and willing to act, be appointed Temporary Guardian of the Person and Estate of [DISABLED PERSON] including the power to consent to residential placement of the alleged disabled adult and for such other relief as the Court deems just and proper. Respect fully submitt ed, [NAME] , Petition er By: Rammelkamp Bradney, P.C. His/Her attorneys By:___________________________
I apologize that when I copied the same, it all ran together.
The one fact that I wish you all to take from this document is the fact that guardianship is a serious matter and not intended to be a law compensation plan, or a plan to increase judicial and political graft.
The concept of left is right, up is down, truth is fiction so prevalent in today's political world has no place in the fiduciary world of guardianship, unless, the promulgators desire to got to jail and incur great Federal and State Income tax liability. No matter how you slice it - the raid on Alice Gore's mouth to harvest the few pennies of gold therein is unAmerican, wrong, amoral, and criminal. The fact that Jerome Larkin and his band of co-conspirators have prevented an HONEST INVESTIGATION of these crimes do not make Right equal wrong and does not mitigate Larkin's felonies in the least.
Ken Ditkowsky
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