Probate court....Where crime is legal!
I am an only child who lost his mother to the state of Illinois as an incompetent ward. She had early stage dementia. She entered a nursing home walking, talking, eating, and going to the bathroom by herself. Mother ate breakfast out daily with friends who enjoyed her company. My dad who had a lifelong mental health disability for which he received a pension since WWII was allowed (or encouraged?) to put a "Do Not Resuscitate" on Mom upon her admission to a central Illinois nursing home.He was much worse off physically and unknown to me at the time, had told friends of wanting Mom "Dead". While he was her healthcare surrogate, he certainly was not of sound mind and she was not "critical". Admission paperwork documents that she was "ambulatory and verbal".
In the last two years of life, Dad wrote multiple wills using different attorneys. In the last year of life, he wrote wills naming at least two different executors. His last known will named a half-aunt who I hadn't seen in 46 years as guardian of Mom. He said he had POA, but didn't. He didn't understand joint tenancy. He had trapped himself in his wills, triggering frustration and anger. Mother was incompetent to write another will.
In addition to placing a "DNR" on Mom, she was prescribed the anti-psychotic, zyprexa after admission. Eli Lilly has issued a warning on the off-label use with elderly dementia. It contributes to significantly higher stroke and death rates in elderly dementia patients. Its side effects are difficulty in swallowing, confusion, drowsiness, agitation and dehydration. Dad signed the informed consent but did not complete the form. He would have had no clue. Then, it is noted that the "family", (I assume Dad and my half-aunt) wanted her to have the "right to refuse to eat". Mother did not know to eat and drink and eventually she couldn't swallow. This pales the Shiavo case, it is the equivalent of not feeding a retarded child. Mother had become like a child but was enjoyable.
Five weeks later, Mom had lost 20# and ALL abilities. Dad passed away. I requested rehydration as the legal healthcare surrogate at the time, but my wishes were ignored. Days later, I was called to approve a feeding tube which I refused as they are not recommended for the elderly with dementia. I was told there would be an emergency court session. I know now this was not so, it was told me to coerce me to order the tube insertion. I refused again. She was finally admitted for rehydration but never recovered her abilities. (She was not stable enough for surgery and would have died.) She could not testify at her own guardianship hearing.
When I entered my parent's home, I discovered files were missing: banking documentation, tax returns, wills, (I believe one of Mom's was destroyed) and a large CD (104,000). The state had done nothing to discover the funds which are still unaccounted for.
The state took her as an incompetent ward and awarded her to my half-aunt. I pleaded for a second opinion to the judge, guardian ad litum, authorities, agencies, my half-aunt, (she was "happy with the care".....she kept saying I wanna take care of her like Darrell (Dad) wanted us to.....At that time, I wasn't aware that Dad had spoke to friends of wanting her "dead".) Despite all her funds, Mother did not receive a second opinion. At the time, I had no access to her medical records so I had no evidence of the horrors of her care. I didn't have access to the evidence but the state did. The GAL did not call family, friends or neighbors before the appointment of my half-aunt as guardian. Neighbors and friends told of the manipulation of Dad by my half-aunt and how she had my parent's checkbook before and after Dad's death.
My half-aunt quickly enrolled Mom in hospice despite a remaining 45 covered Medicare stay days. This was a violation of Mom's human rights as an incompetent ward of the state of Illinois. A safeguard requires that Office of Guardian staff must contact all known family and friends prior to competion of a form and review before approval of cessation of life sustaining measures. (See Office of Guardian web site.) It didn't happen. The safeguards are not enforced and failed Mother. While I really don't know my half-aunt, I knew she was not thinking of Mother when she had my wife and I thrown out of the facility while visiting Mom. (Another violation of Mom's human rights....Denial of access to family.) I had taken pictures of Mom and my wife (who has healthcare experience) asked too many questions. I did not have access to healthcare information. Mom died alone two hours after Christmas of untreated acute bronchitis.
Since Mom's will named myself and my wife as executors, I gained access to her records after much effort. (I paid an extra $1000 to the Dr.'s attorney for her records. It took nine months to get the records. I learned after the fact that Mother's care was horrid and there was plenty of documentation before the guardianship hearing if someone had looked or wanted to find the evidence. The GAL talked to the social worker at the home and charged the estate. Do these GAL's really think a staff employee will say, "This patient was treated poorly."
In five weeks, Mother lost 20# and all abilities. She fell five times in five weeks resulting in a fx of thumb, and the other times she was not physician examined after "bumping" her head and side. Her glasses were lost for six months, (my half-aunt didn't realize how important they were), she was in 10 rooms in three months, felt sexually threatened, (she mentioned this to a visitor who was horrified because Mom was normally quiet and did not speak of such things) however, hospital admission paperwork documents a pubic area surface wound not reflected in the nursing facility records, hospice admission paperwork documents a foul, greenish discharge not reflected in nursing facility notes. SCARY! She had no working call light, (documented). Her possessions were lost, etc. Despite this care, the GAL found the facility suitable for Mother! What does a young attorney know about healthcare? My half-aunt was "pleased with the care".
I am fighting the state to do an honest investigation. This is big time probate court abuse which we have fallen into through no fault of my own. I do have a hearing later this year with IDPH. It requires allot of work and preparation but the judge said four other families are questioning this same nursing facility, so I don't feel we can just forget the issue. I was able to receive the investigative report through the freedom of info. act from IDPH but the Dept of Regulation has supposedly sealed their report. The doctor's records do not reflect the anti-psychotic, falls, etc at all. This only child expects the state to explain what happened to their ward. I was not allowed to protect Mom and they didn't.
My half-aunt attended neither funeral. The estates are still ongoing and are a "free for all" for the attorneys. I agreed to a large Bank & Trust as financial guardian for Mom. I wasn't told they were affiliated with my half-aunt's attorney. The financial guardian did not see insurance was billed, overpaid the facility, paid all of Dad's estate expenses from Mother's funds and did not claim the spousal allowance for Mom despite her care needs.
My mother's will left all household goods to myself yet I was questioned in court about taking my toys from the house before an auction. (They may no longer be mine since I had left them.) Probate court relies on intimidation and coercion. I am not agreeing to anything else. The court will have to take a stance and live with it.
The Director of State Police originally told me that he had complete faith in his investigator.....He said that the judge "handpicked" him. Amazing! When I sent some of the evidence I have and copied it to Washington, he wrote stating that the investigation of my parent's abuse will be reopened. I am still waiting to hear.....I called and the investigator said he "wasn't ready yet". I was told by the Office of Guardian that the missing funds were my problem.......I thought financial abuse was a crime.
I am not going to give up this fight in site of the overwhelming odds against us. We have the evidence and intend to be heard! Is anybody out there coping with similar probate court abuse. According to the site: http://painlaw.org/elderabuse.html , Illinois and Virginia are two states that do not regard the withholding of healthcare services as abuse. I don't know if this is true, but I do know that the diabled elderly in the state of Illinois are at risk. Somebody is going to answer my questions, I am not going away!