Beruflich Dokumente
Kultur Dokumente
VOLUNTEER
LEGAL SERVICES
GAL TRAINING
MANUAL
SERVING AS A
COURT-APPOINTED
GUARDIAN AD LITEM
IN COOK COUNTY
ADULT
GUARDIANSHIP
PROCEEDINGS
By Peter M Ashmore
Table of Contents
INTRODUCTION ..................................................................................................................................................... 5
I. Guardianship Overview ................................................................................................................................ 5
A. Common Issues. .................................................................................................................................... 8
B. Guardianship Types. .............................................................................................................................. 8
II. Guardianship Terms and Definitions.......................................................................................................... 10
III. Law and Location ...................................................................................................................................... 15
IV. GAL Appointments.................................................................................................................................... 17
A. Initial Petition. ..................................................................................................................................... 17
B. Restoration / Termination of adjudication of disability / Modification of guardianship. ....................17
C. Successor guardianship. ...................................................................................................................... 18
D. Questionable Guardian. ...................................................................................................................... 18
E. Citations. ............................................................................................................................................. 19
V. GAL Duties ................................................................................................................................................. 20
A. Investigation........................................................................................................................................ 21
B. Report. ................................................................................................................................................ 22
C. Document Creation. ............................................................................................................................ 22
VI. TAKING A CVLS GAL CASE ......................................................................................................................... 24
A. Conflicts and Scheduling. .................................................................................................................... 24
B. CVLS Policies........................................................................................................................................ 25
C. Fee or No Fee. ..................................................................................................................................... 25
1
II. Initial Contact ............................................................................................................................................ 32
A. Explaining your role. ........................................................................................................................... 32
B. Contact Petitioner or Their Counsel. ................................................................................................... 33
C. Contact Residential Care Facility or Other Placement.........................................................................35
III. Interviewing the Parties............................................................................................................................ 36
A. Interview with Petitioner..................................................................................................................... 37
B. Interviewing Collateral Contacts. ........................................................................................................ 40
C. Interviewing the Respondent. ............................................................................................................. 40
IV. Additional Investigation ............................................................................................................................ 47
POST-INVESTIGATION .......................................................................................................................................... 50
I. The GAL Report........................................................................................................................................... 50
II. Appearing in Court .................................................................................................................................... 53
III. Trial ........................................................................................................................................................... 58
3
APPENDIX E – Sample Correspondence ............................................................................................................ 189
1. CVLS Letter of introduction...................................................................................................................... 190
2. Letter to SOS ............................................................................................................................................ 191
4
CVLS A ULT GUAR IANSHI GAL
TRAINING MANUAL
SERVING AS A COURT-APPOINTED GUARDIAN AD LITEM (GAL)
INTRO UCTION
I G O
B s L D t o ry e es r ad litem s r s y
yer o te y the o rt to e r s t o eh o om ete t or m or rty
5
D st she rom r r ad litem re rese ts the s terests s e
s t A o te y Pro te Co rt e GALs Coo Co ty ser e the est terests o ts ho
re e e t ot yet ro e to e s e I other ses GAL s o te to eterm e the est
terests o erso re y te to e s e
6
It m y e t or e GAL to h e the o e e to s est to m y mem ers ter t e
re or e t o rom re or s e th t h s ee e or mo ths or
ye rs Ho e er th s re t e e to e ess r y reser the ro ose or rre t
r s re te e y to m t the re t o sh th the r ot ro the
o t -- e e he the o t ee s ro
A o e e th t yo r e e er e e
e t o m y ot h e re re yo to e t y ss es th t e the m es rt es these t
r sh ses S r t e the re Co s er ter t e reso r es to s eme t the rre t
or ro ose re Loo or reso r es th t o o or ter t e re There m y e
th t o e etter or the r more om t th the st t tory o t o s to m m e
se -re e e e e e T e e ery o ort ty to s e th est tors se or ers
he th re ro ers th t re o e th the res o e t m y
O e the est t o s om ete the GAL re tes those o ser t o s orm t o to the Co rt
rt es r tte re ort m es re omme t o o hether or ot r t the et t o to
o t the r s the res o e t s est terests O t o s e r t the r sh
e y t or re omme someth more m te The GAL so m es re omme t o s re r
the ro r te ess o the ro ose r res e t e ro me t es y other
s est o s th t o e s re the est oss e ty o e or the res o e t e e o me t o
m m m se -re e e e e e
7
A C I Some ommo GAL o tme ts e the o o ty es o ses
O e s e h t r s re t e or r sh or er to
o t e to m e e s o s h e m y re ts e he the h t r s others t s y
e se they e ee e to o t e th the rr eme ts they m e r the h s m or ty
Some o these ses e o rt he ret ers ttem t to e ro the r t h e s hoo
or ro r m or t e the h to e o tor Other r sh ro ee s re t te he
re t ttem ts to e the r h res e t ty or o t e e ts or the h
8
h e o ome or ssets e er y o t ee r sh o the est te Res o e ts ho re e to
m e erso re e s o s m y o y ee r to m e the r est te
9
II G T
- e es s e erso s o e ho s ye rs or o er ho e se o
me t eter or t o or hys ty s ot y e to m e h s erso or est te or s
erso th me t ess or erso th e e o me t s ty ho e se o h s me t
ess or e e o me t s ty s ot y e to m e h s erso or est te or e se o
m e ess e hery or e ess e se o to ts or r s so s e s or stes h s est te s
to e ose h mse or h s m y to t or s er or s ose th et oho sy rome or
et oho e e ts CVLS GAL ses h e h stor y ee m te to s th t er or
10
e s e erso t e erthe ess ot e ee o r o er h s est te e se
th he rom others he s e to re t m e h s rs est te tate al i
ll d
ys o t the st r s to e se y
r s m e s o s or the r r s It so es re t o eterm est terests o
r B s y e s o s sho e m e s e s o s m e se o the
s e erso s re o s y e resse re ere es Other se e s o s sho o orm
11
et t o er m y see to o t other erso s r Th s s s y the se he rs
home e er se est tor or hos t see s the o tme t o the O e o St te G r or
O e o P G r
Th s s the o rt- o te r ho m es e s o s re r r s
es ro erty The st t te t ILCS - st tes th t the r o the est te sh
h e the re m eme t estme t o the est te sh m e the est te r y sh
y the ome r o the est te so r s e ess ry or the om ort s t e s ort
e t o o the r h s m or t e e e t h re y erso re te y oo or
m rr e ho re e e e t o or e t t e to s ort rom h m or or y other r ose h h the
12
o rt eems to e or the est terests o the r t t e t e i e a etiti e
ee i a dia i t e e tate t e e e e ted a att e
he t s rt y e o m erso e s o s or
e s o s m te r s o te to m e some t ot e s o s or the r See
- -
he t s tot y e o m erso e s o s or
e so s e ry r s o te or the res o e t s erso or est te to m e
e s o s See - -
he r h s re e ty to m e h s o e s o s r sh m y o o er
e e ess ry the o rt m y term te the t o o s ty re o e the r sh
rs t to - I th t st e the r h s ee restore to ty
13
A r o t tho t o rt ro someo e to t e o er the
r s t es he e er the r s e to t Ho e er the short-term r o y
h s thor ty to t o eh o the r or m t e o ys r y -mo th er o
See - -
A st y r s o te rs t to et t o e y rre t r to
t e o er the rre t r es e omes t te or s o o er or e to e
r The st y r m st et t o or r sh th ys o the r s e th
et t h s thor ty to m e e s o s or the r the me t me The o tme t o et t o or
t es o st y r re resse t - - - res e t e y
The Co rt o t tem or ry r rs t to - he
et t o or o tme t o r s e or ter the e th res t o or t t o o
r or er to rote t the mme te e re o the e e s e erso or h s est te
Tem or ry r sh e res ys ter the o tme t or he e er r s o te
h he er s rst t e e te e or to t o ys
Th s s t ho h s ee te s e erso y the o rt
14
III L L
A t r sh ses re o er e r m r y y the
Other e e o the
A to se A ts o Ch ter e
Art e IV I e tor es
Art e VI Re o ery o Pro erty D s o ery o I orm t o
Art e III Res to Remo o Re rese t t e
IV A o ts
15
There re se er o rt orms th t yo ee to re e or re te These e s sse e o
Co rt orms h e orm m er s h s CCP- The CCP re ers to the Coo Co ty Pro te
orms The Not e o Mot o se to e ot e to rt es s Coo Co ty Ge er orm h s the
orm m er CCG- E e t he s orms re te to or ers o rote t o ys se the
er s e s te or the most re e t y te o rt orms oo o ty er o o rt or There re
e orms o th t e s te CVLS se yo th s other o -o orms e s
str t o s th t re ot o the er s e s te
16
IV GAL A
R T M
O e r sh s e the r or r s or the r sh to e term te or
mo e Most o the t me th s h e s he the r h s e the ty to m e h s o
e s o s Somet mes the r e e es he s e o er orm the t s s e ess ry or h s re t
the r oes ot I r s s the o rt to e the r sh e se he e e es he s
e o m h s o e s o s t s e re est or restor t o me restor the e
ty to m e e s o s o tr t th th r rt es Somet mes the r hr ses th s y s y
I t to e my o r
17
hether y reeme t or ot resses the ro e res or mo t o or restor t o
ho e rs the r e o roo these ses h h ers e e o ho the m tter s ro ht
e ore the o rt hether the re est s om e y s ort e CCP-
There s o m t o he or ho o te r or r e to e or mo y r sh
Ho e er es somet mes re re r s ho m e these re ests re e t y to rese t e e e to
GAL th t restor t o sho e o s ere e ore r the m tter to the o rt
C S I r es s o e to or s or se
r sh s st e ess ry s essor r m st e o te remo re
o er e y
18
E C GALs re somet mes o te here there s e e e o thor e e e t re o
the r s s r e t tr s er o the r s ro erty or ee or orm t o o t the r
I these ses the o rt m y re t GAL to e e s s h s Pet t o or the Iss e o
C t t o to Re o er or D s o er Assets o the r C t t o s to Re o er Pro erty D s o er
I orm t o re o er e y
19
V GAL
The st t te rther ro es
20
Yo o ot ee to e or e ter A e r e CVLS GAL se t yo sho ys re e the
or er o t CVLS s the GAL The ret r te t me o rtroom m er re o here the
e m ht so h e e e to the or er es r the res o e t s here o ts
et t o er s ter t e o t t orm t o or s e ss es th t the GAL s re te to est te
21
tr y ry o s erso s to rese t e e e to e re rese te y o se to st te re ere e
o r It s m ort t or the GAL to ote y res o ses to the ot e so th t the o rt e
se o the res o e t s shes to e er se y o those r hts A s m e o the Not e o R hts
e o A e B
The re ort s oth r tte er The r tte re ort et s the GAL s o ser t o s o the
res o e t h s e ro me t the res o e t s res o ses to r o s r es the o o o the
GAL y other ro ess o s ho ere o s te y other m ter ss es The or re ort s
s y s mm ry o the r tte re ort rese te o rt t the t me o the he r
22
I some ses the GAL m y so ee to re re
Or er Co t C se S m e e A e C
Or er S re the De th o Re or S m e e A e C
Ame e E h t A
Not e o Mot o CCG-N S m e e A e B
A e r e Co se t S m e e A e C
23
VI TA ING A CVLS GAL CASE
24
CVLS Do t e shy o t o t t CVLS to s ss yo r se e h e e er e e so se
s s reso r e CVLS ttor eys re ys to t to yo o t y se th t yo re
o s er e ro e et e orm t o o t ses e e he yo o t se
th t seems r ht or yo O r s ort oes t e he yo e t CVLS GAL se e o er o st t
s er s o he yo ee t o r o o t s ys etter to s m est o s th
to ste yo r t me or th t o the o rt or rt es y m thro h se e t e e t yo
to sh re th s yo r r t Re ort other e s so th t e m e s re yo re o the r ht
tr I oss e e se se s yo r o me ts t e st o r s ess ys e ore yo r ret r te
he yo h e t e se yo re ot o te to ee t ore er e ys t e yo r
se yo yo re e to o t e O o s y e t e o r e o teers to see the r
ses to the e A e o r ther ot e s r r se y the ret r o se o the e e o tr
Ho e er some ses st o er th others es e y ses th o o s t t o ro ems
eme t or re ss es or ses th rt r y h e rt es es so te to re-
o t the s me GAL o ses th t ee tte t o ost- t o I yo h e ee o t te
re t y y the o rt or re- o tme t o CVLS m tter or yo o e to mo e o to other
se o t t s mme te y
25
THE INVESTIGATION
I S
A L O C U o t GAL se yo e e the
o me ts th t the o rt e t ts ttor eys h e e to CVLS Somet mes yo ee to
o o th the rt es or the r ttor eys to o t t o o me ts S t s the orm t o s
t m y he yo e t e st some erst o oss e ss es
26
Determ e the r ose o the GAL o tme t I
ses e th the t et t o or r sh the Coo Co ty Co rt orm Or er A o t
GAL s s y the o y str t o to the GAL Somet mes the e s t o orm t o o th t
or er or es t o ss es or the GAL to est te I other ses the rt es h e re y
ee to o rt e ore the o tme t o CVLS s GAL The e m y h e e tere se r te r t
or er th et s o t the rt es e r s e str t o s or the GAL
27
htt oo o tysher or I S mmo s s ss e the e s te st tes Ret r e N S
the res o e t s ot ser e the se ot ro ee O the ret r te the o rt e ter
or er o t the se sett e ret r te or er the ss e o A s S mmo s
The et t o er the h s to et the A s S mmo s ss e room e or ser e room
See A e C or s m e or er
D te o E m
A est o s s ere
St tes e t e y tot y s e
St tes ro r te rr eme t
S e y e se me o tor MD or DO
28
I the Re ort yo r se st tes the res o e t s rt y e o m e so s
m y e e ess ry I th t st e t s e y th t yo ee to o o th the
hys other ro ess o s to eterm e ho to h t e te t the res o e t s s e Yo
ee to r t m te r sh th t r ts s e thor t es to the m te r
st tes the e s t es o the res o e t Se t o - resses m te r sh s More
o t m te r sh s s s sse e o
S N H R O E M y Pet t o s o ot r te y
es r e res o e t or r s s ty Yo sho ys re e the CCP- y other
me h story e t o s or I E t o Pro r m ro e to yo y the et t o er or y
other o ter rty Th s e yo oo e o the res o e t s s ty os s ee s
Somet mes t s e ess ry to o o se er t mes th the e et t o er to e s re th t they se
yo the e ess ry o me ts
29
rs re tre tme t y re e t hys sy ho o sy h tr or e ro o
e to s o tor s or ers me t o s As rse or orm t o o t e h
me to ts r ose I t o the hos t or rs home So or er or So Ser es
D re tor m ht e e to e t y ro ress otes th t o e he Th s e rt r y he
ses here m y y m s re s ro ems Pro ress otes m ht o me t ss es s h s
sr t e m y mem ers or m y mem ers s ree o t re
30
t m te y m e re omme t o s to ho sho e r I r re ses the GAL m y e
e to re omme y ro ose r e o te e to e e e th t the erso s
rres o s e e or ot t the est terests o the res o e t I these ses the o rt
s y re ts the GAL to e somet mes e e ts the GAL to t te tho t re t o Cross-
Pet t o see the o tme t o res o s e r e re t e or e y s h s OSG he
res o e t o e ts to r sh the e o t o se to re rese t the t
31
II I C
Us y CVLS h s m e t o t t th the et t o er or et t o er s o se y te e ho e or m
e h e r e y es r e o r t es s GAL re este o y o the CCP- O s o y o r
o t t th the rt es h s ee more s st t e o s o y there h s ee o o t t
A tho h e try to o me t o r o t t or ttem ts to o t t rt es o t ss me th t they
o ho yo re M e tro to et them o th t yo re o teer ttor ey
or s GAL or CVLS They m y h e CVLS o t t orm t o t yo sho m e s re yo e
the rt es ress te e ho e m er here they re h yo A tho h yo r o e o t t
orm t o s y or s est yo re er ot to se th t ee ree to se CVLS ress
te e ho e m er
32
o rt or ers or y r tte re ort y the GAL More o t ress rty s HIV st t s s
s sse the re ort se t o o th s e
y e th t yo e th t yo e s re th t they re e e o y
E th t the re ort re te the th s yo e r rom yo r est t o st te yo r
o o s re omme t o s o t the ee or r sh the ho e o r y other
m tter th t o e the est terests o the res o e t
33
o the Pet t o e e he they h e t ee o e th res o e t m y ye rs or e er O t
o t t orm t o ress te e ho e m er em or the E h t A s so th t yo
o t t them to er y orm t o ss st the re r t o o Ame e E h t A e ess ry
Not e m st e se t re r m t e st ys r or to the he r te so yo t h e e t
ot e e r y e o h et t o er m y e e to re t y th s or the ret r te A Ame e E h t A
e e s y re te y s es C D E o the Pet t o r t Ame e the t t e o the
to o the orm Th s s so oo t me to o rm hether e st I so o t
o es o t t orm t o or e ts s essor e ts th t re o te rs t to those
o me ts Po ers o Attor ey re resse Se t o IV o th s P rt e o
34
y set the ter e tes t me o t o Th s m y s y oes o e th yo r
meet th res o e t Kee o ers t o re t e y short yo h e h e to o t more
orm t o r the ter e I yo ot re h rt es y ho e or o ot he r y
se etters to the rt es s them to o t t yo mme te y t yo r re erre ho e m er
35
III I
I the se o es t r sh m e s re th t e h
t t erst s h t r sh o h t t ot o Most et t o ers CVLS ses
re e there ore h e ot h the e e t o ttor ey s e or e e s orm t o
o t r sh e et t o er s o te et the r orm t o o t r sh s rom r e s or
street ttor eys ho o oth o t these ses A tho h t s ot ro r te or GAL to
se rty t s so te y he ro r te to orm rt es o t r sh
ro e res
O e re o re t o s o s ho r s thor ty s m te ss es o
M y et t o ers see r sh or er to or e the r res o e t to t e sy hotro
me t o or o t r y m t them to sy h tr hos t These re ss es th t re resse
o y Me t He th Co rt se r te ro ee r sh e er esto o
r th s ty e o thor ty or e s o -m e e t t the r s re est ess the r
h s the ty to o se t to s h m ss o See - the Me t He th
De e o me t D s t es Co e
36
St rt yo r ter e s th some sm t to r ort A ys e yo r ro e ro t
e y s or some e er orm t o o t the ter e ee ro orm t o Yo
mo e to more o te est o s see re ter et s the ter e ro resses The
e A e A ro es to s th t yo sho rs e ss st yo o t
s o t o o t e h rty As e eryth Be osy
37
The et t o er s s y yo r rst ter e GAL se hether y ho e or erso t e
er e- r or e e tt e t m t Remem er th t they re ro y m r th
ro e res er o s o t yo s est o s Do t e s r r se they re e e tt e
e e s e P t them t e se e yo r ro e s o ere y o e Ho e er s yo
ro ress e ssert e e e osy Be ry o e s ers or I m oo to th t ty e o
s ers As to see o me ts or other roo he et t o er s story seems sh y
h s tt e the e o ye rs
s res e t o the U te St tes
s ot o so m
s ot e s e erso s e e the Pro te A t
h s ot ee o te o e o y
I the ro ose r h s ee o te o e o y yo ee to e e to th t s e t et
om ete r m h story to ss st yo eterm hether es te the o t o the et t o er s
o tme t s the res o e t s est terests I the et t o er h s r or r ossess o h r e
es m e her s m t to r test - or s the et t o er she s to s m t to o e A
s m e r test re err or er s the A e Yo sho so o s er others ho o ser e s
G r the ro ose r oes ot y
38
Co rm th t et t o er h s the or th t they r t to the he r I there re
e e es the CCP- o t these o t str t the et t o er to reme y them y t t
to the hys mme te y y m e s re th t the et t o er s re th t the r sh
ot ro ee o the ret r te tho t om ete CCP-
It s m ort t th t et t o er e h t ess to m e e s o s se o
he e s e G e et t o er s o e e o res o e t s h ts es res G e et t o er s
o e e o res o e t s re t o sh s s h s m y s ts so ter t o s th others As
o t t t es or sho s or other ro r ms h h res o e t m y e o e or h s e oye
the st y s or et s o t the et t o er s ro ose re or res o e t I most ses
th s e e er y t o teste ses the Co rt m y re re rt es to s m t r tte re
s A y ro ose h e res e t eme t s someth th t the Co rt m st ro e
ss e th t yo t to e ore th res o e t
39
t me to re e te the orm t o or s o the r tte Re ort M e st o the
rem o me ts orm t o yo st ee rom the et t o er so th t yo oth re e r h t
orm t o m st e ro e
M e s re et t o er s re o the e t o rt te t me o to o et t o er t me to s
y est o s they h e o t r sh the ro e res I t s e r th t the r sh
ot ro ee o the ret r te e to o ser e o S mmo s o res o e t ot e to E h t A
s or o om ete CCP- s ss the e hoo o o t e h t ste s the
et t o er m st t e e ore ter the ret r te s sse e o
40
- Yo sho so try to o t yo r ter e the res o e t s e ro me t Th s
re re tr e t t so e e yo to orm o o o t the ro r te ess o the
e t y y ss es th t m st e reso e I some ses o t s he es m e
meet the res o e t the r e ro me t m oss e GALs o te s t res o e ts t the r
y ro r m or sho or s hoo t s most o e e t Ho e er yo sho o o th s t to
the home or er to o ser e re ort o ts s t ty
E e yo h e re o s y s o e to et t o er or rs home st to rr e te t me or
yo r s te s t them to e ore yo ho yo r r Somet mes the
res o e t s mo e to ere t o t o or hos t e e e te y Yo e etter o th s
o t e ore yo tr e so yo m e ter te rr eme ts I the ort te st e th t the
res o e t es e ore yo r ter e yo ee to re re to ose the est te s re the e th
o re or h h s s sse e o Do t e e t to e ot e o these
h es Be ro t e e s re th t yo r s t o s e
41
the res o e t s he o te ts th s ers e t e rt r y he res o ses re
o se s
42
the r or te TV sho the r or te oo As them they e to oo o t h t the r ty
y s e o t h t they o o ee e s As they h e s tors the r re t o sh to them
or someth o t those s tors
E e t y yo mo e to r est o s th t o r me t ry
e t o o res o e t s The ro e oo
so r e o s m e est o s Some eter GAL s se the M Me t St t s E m MMSE h h s se
y he th re ro ess o s e t t e ts me t st t s A tho h s e tr s re re
or e t o s s th s test or est o s rom the test e GALs oo se se o
res o e t s or e t t o t es Some o these e s the res o e t est o s
re r the ye r se so mo th o the ye r y o the ee te
the st te o ty to oor o the
43
yo s m e est o s th t ress res o e t s rre t ty to t e re o themse es
e res o e t s o e e o the r me ss es tre tme t me t o s s to see
me t o s r te o os e et It s so m ort t to s they re h y the r rre t
e ro me t I they re ot s them hy As them to es r e y hes or s h t m y h e
se them h t yth m ht he
44
As GAL yo h e ty to orm the res o e t or y rt
o o te ts o et t o the r r hts s st te - the o rt orm CCP- C the Not e
o R hts o Res o e t M e s re yo h e r te om ete th s orm e ore o to s t the
res o e t T e the t me to re th s orm to res o e t ote h s res o se to e h st teme t
The o y o the Not e o R hts m st e e to the res o e t or the res o e t s e to
e t t e o s o s o t o e to the res o e t or m e e the me
h rt
A t o o s ty
Pro ose r
Pro ose h e res e t eme t
Ch es re th t m ht res t rom the r sh
Other re s o ry eeme ro r te y the o rt
45
T e yo r t me to o ser e the res o e t s s rro Ho s the
e er ho se- ee Are there s s o est t o Is the tem er t re om ort e re there s e
he ters r o t o ers or other om ort tems th t e r s e or or er Is there r
ter tr sh ser e other t t es Loo s e the re r er tor Is there s e t t ty o
he thy oo o t o s or the res o e t
46
IV A I
47
e e te te t t me th t the r s ty th s e t roo o th s o rt
y the Po ers o Attor ey L e se the e t o the res o e t h s e to t shes to res
or h s re he her ty er the e y the o rt s s e or re o e the e y
se t o rt or er rs t to the I o s Po er o Attor ey A t re t r to e er se
o ers o the r er e y th t s r es s ty the r h s o o er
ty or ty th res e t to y erso or he th re m tters o ere y the e y
Yo m y o t the re ty o rty re er to o t
o me ts re t y rom the ro ess o or ee orm t o th t the rt es re ot e to re
Yo so m ht s o er th t s e th t o m y mem ers or ser es ro ers o e
se or e ess ry As GAL yo sho ot hes t te to o t t ro ers or yo e th t yo ee h s
orm t o th t re tes to the res o e t Co ter rt es th t re m ort t yo r est t o
e the So Ser es D re tor C se or er Co se or MRP e Me t Ret r t o
Pro ess o o o s IDP e I te e t D s t es Pro ess o -home C re Pro er
D re tor o N rs Co t t the s hoo or sho CILA rs home or ro er e th t
yo re the o rt- o te GAL Se them o y o the GAL o tme t or er they re se
yo re er them to the ro r te e the st t te t ILCS - or o t
r tte o rt or er h h e t y thor es the re e se o orm t o I most ses yo et the
orm t o yo see
48
y CCP- s e or tes o y rt s ty or other se
s to st te e r y th t the res o e t s tot y e o m erso e s o s
yo ee to s e th re ro ers m r th res o e t s t es so re t y th the
hys The e ee et e orm t o o t the t t es e s o -m res o e t
s e o th t or h h r s e ess ry
U e e ry r sh the o tme t o m te r s ot re te o
t o o s ty there ore the res o e t ret s her e ty See - -
49
OST INVESTIGATION
I T GAL R
A thor te o o tme t
Note y e e ts the et t o or e h t A
Note e e ts S mmo s
S mm r e me sy h tr orm t o
L st e eryth re e e e eryo e ter e e
S mm r e et t o er s re t es s ro ose r
S mm r e s ss o s th he th re ro ess o s or rs home st
S mm r e other re e t o ers t o s
A r e h story o the e e s e erso
Note y me t o s the e e s e erso s t h h m y e t me t
er orm e
50
D te t me o t o o meet th res o e t
A r e h story o the e e s e erso
The hys e r e o the e e s e erso
hether the erso o omm te th yo
St teme t th t the o te ts o the et t o r hts o res o e t ere e
St teme t o y o e t o or reeme t to r sh or ho e o r y e e
s e erso
Des r e the o t o s o the rese t eme t hether they meet the e e
s e erso s ee s
S mm r e the m -me t e m t o
Note oss e Cross-Pet t o s
Note y Po er o Attor ey or he th re or ro erty
Note y e o y o t o s
Note y e t to
O o o s o s
O e yo h e there o yo r orm t o m r e
yo rse th the e ss es e e o yo r theory o the se These re re eo e th re es
th t me s th t e eryth s messy Peo e h e sorts o re so s mot t o s or the r t o s
they o t ys o e the est terest o the s e erso Yo h e to s yo rse hy
eo e re t ert t o s It m y e s m e e r h t to m e s re h s
r re t ets to e st e home ste o th r t or e o t t e h Or t o e
om te Peo e o th e th s or es er te se sh re so s A t h re
e er y m y mem ers e se s s to so e other m y ro ems They e se or
r ery They e e y s r e Yo ee to e me t
51
52
II A C
53
Ho e er t o s o y e ome re t r yo r est t o th t yo r se o t e re y
to ro ee o the rst ret r te Some e m es o he se ot e re y to ro ee to
he r e
he the et t o er h s e to o t ro er y e e te CCP-
54
e ess ry th t yo se the Re ort to the rt es r or to the y o o rt t st m e s re to
o e o h t me or them to re t e ore the o rt Yo sho so o t me to s e to the
rt es the h e ore the se s e se they h e est o s o t the re ort
Or er A o t P e ry G r or D s e Perso CCP-
O th Bo - No S rety CCP- the or ot r e o me t
St teme t o R ht to Pet t o or Term t o o A t o o D s ty Re o t o o
Letters o G r sh or Mo t o o D t es o G r CCP- St teme t o R ht to
D s h r e G r or Mo y G r sh Or er CCP-N
Re ort o Phys CCP- the or o me t s e y the o tor
Re ort o G r L tem ess yo h e re y e t e ore o y to the rt es
to re
OR
55
A ro ose r t or er yo re ot ro ee th yo r re ort the o tme t o
r
56
y t e the o ort ty to th the e ste y Te the rt es to t or o y o the
or er the h The t e yo r o es o the or er to the er t or them to e st m e
he t s ot oss e to r ty e re re or er to o rt yo ee to e y h r te yo r
or er S m e or ers re e A e C he r t or er ys m e s re yo h e
e sett the e t o rt te ess the se h s o e The er h s ess to the o rt s
e r et yo o yo r ro ose e t te s o e e t or the e O e yo h e
r te yo r or er sho t to the other rt es or the r ttor eys the h t to the er ho
e t to the e O e the e s s t the er st m t e yo the o es to
str te to e h rty I yo o t h e e o h o es or e eryo e se o y to them y m
57
III T
58
re te yo s GAL to r Pet t o or the Iss e o C t t o to Remo e G r yo sho
e e t to rose te th t t t o he o t yo sho o rm th the e h t s e e te o
yo s rt t t tr E h se e h e s ere t I ses o erse e
ross- et t o ers tr ro e re et m e A e he r th s ty e o m tter m y e e t yo to
t o se h e se o yo r re omme t o s ross-e m e t esses re re os
r me t Somet mes the e t to yo test y t so s st o h ttor ey e t
test mo y rom yo re t e m t o CVLS st ttor eys he th t s t t o Be re re
to t to h t the e ts yo r ro e to e o t e r to s o tr ht h t he or she
e e ts o yo I yo r se s set or tr o t t CVLS st ttor ey so th t e s ss yo r se
th yo et he yo re re
59
CVLS SU ERVISION CASE MANAGEMENT AN HEL
60
A EN I A V C
61
Th s e te t o y e t
62
V C Adult GAL Volunteer Checklist
Before taking a CVLS case
I sert A t GAL Vo teer Che st e o these s es Do e s e o y
◻ Conduct conflict check
◻ Confirm scheduling and return date
Preliminary Steps
Getting Started
◻ Call Counsel for Petitioner, if represented to obtain authority to speak with Petitioner
◻ Call NH or Residential Care / Caseworker for introductions and background information
◻ Call the Petitioner(s) to introduce yourself and describe the role of the GAL
◻ If needed, obtain CCP-211 by fax or provide Petitioner blank and instruct to complete
◻ Gather basic information about Respondent’s history, status and needs
◻ Verify that contact information on the appointment order is accurate
◻ Verify relation of the parties to the Respondent
◻ Verify that ALL necessary parties including POA and their addresses are included on Exhibit A
and that they have been provided statutorily required notice , instruct Petitioner to rectify if
needed/ possible
◻ Verify information regarding Respondent’s income and assets
◻ Confirm that Summons was placed for service / served by Sheriff, instruct Petitioner to rectify if
needed/ possible
◻ Set interview times, dates and location
◻ If Respondent does not live with Petitioner, obtain contact information for the appropriate
person you will need to contact to set up an interview with Respondent
◻ Gather any information you need so that you can prepare for your meeting with the Respondent
(Is the Respondent verbal? Ambulatory? Does the Respondent become agitated when meeting
new people? Does the Respondent know that the Petitioner is asking the court to appoint a
guardian? Will Respondent object? What is the Respondent’s daily schedule/routine?)
◻ Set date/time/location of meeting with Respondent
◻ Keep conversation relatively short— you will have a chance to obtain more information during
the interview
63
◻ If you cannot reach parties
by phone or do not hear back quickly, send letters to the parties
asking them to contact you immediately at your preferred phone number
◻ Confirm Petitioner has the original CCP-211 and that they will bring to hearing
◻ Confirm Petitioner is 18 years old or older and a resident of the United States
◻ Ask Petitioner whether he/she has ever been convicted of a felony
◻ Confirm Petitioner is not of unsound mind/has never been adjudged a disabled person
◻ Confirm that all appropriate family members received notice and are listed on Exhibit A
◻ Gather information about Petitioner’s relationship with Respondent and involvement in
Respondent’s day-to-day care
◻ Gauge Petitioner’s knowledge of abilities and limitations of Respondent (ADLs)
◻ Gauge Petitioner’s knowledge of Respondent’s medical issues and medications (ask to see
medications and write down dosage, etc.)
◻ Gauge Petitioner’s knowledge of Respondent’s habits and desires
◻ Gauge Petitioner’s knowledge of Respondent’s relationships (family visits, social interaction)
◻ Ask about activities, workshops or other programs in which Respondent may be involved
◻ Ask any additional questions you have, pay attention to answers, and ask appropriate follow up
questions
◻ Take notes during interviews with parties, but also listen carefully and watch body language, etc.
◻ Obtain any relevant documentation in the Petitioner’s possession (return originals to Petitioner)
◻ Obtain contact information for other helpful contacts: teachers, care givers, doctors, family
members, etc.
◻ Make sure Petitioner is aware of the next court date, time, and location
◻ Take notes after interviews on factual information and your personal impressions and
observations of the Petitioner and other people in the home/facility/placement
◻ Make a list of the remaining documents and information you still need from the Petitioner
◻ In light of interview with Petitioner, consider whether you will need to speak to doctors,
therapists or other professionals and whether those professionals will speak to you without
court order
64
o Ask Respondent about year, month, day, date, upcoming holiday, season
o Ask Respondent about location, city, state, county, address
o Ask Respondent about family relationships (How many children? Their names?)
o Ask Respondent about previous occupations, if any
o Ask Respondent about education
o Ask Respondent about any military service
o Ask Respondent about current events/public figures (Who is the President? Mayor?)
o Check Respondent’s memory of recent events and of events in personal history
(long-term and short-term memory)
o Ask Respondent to do simple mathematical calculations (put some coins on the table
and ask Respondent to give you 25 cents or make change for a dollar, or ask them to do
serial 7’s from 100)
◻ Reach out to others who might provide helpful information and to confirm information from
Petition / Petitioner (caseworkers, doctors, teachers, caregivers etc.)
◻ If any health care professionals will not provide information you need for your investigation,
consider requesting an order from the court (Notwithstanding any provision in the Mental
Health Code or other law, GAL shall have the right to inspect and copy any medical or mental
health record of the respondent which the GAL deems necessary, provided that the information
so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection
with the proceedings 755 ILCS 5/11a-10)
65
◻ If Respondent resides in a Rehab/Nursing facility be sure to request: Admission sheet,
ER/Paramedic record, History & Physical, Physician’s Order Form, RAP or MDS Summary Sheets,
Nursing Care Plan/Treatment Plan, Current Medication Sheet, Social Service Assessment Notes
◻ Follow up with parties and family members throughout investigation as needed
◻ Contact CVLS with any questions you have along the way
◻ Prepare Amended Exhibit A if needed and confirm all have received 14-day notice
◻ Confirm Respondent was personally served at least 14 days before hearing date
◻ Confirm that Petitioner has the original CCP-211 in his/her possession and that there are no
defects (date of exam included, Illinois licensed physician, signed, etc.)
◻ Review statute and then consider the relevant factors in your case, i.e., clear and convincing
evidence of disability, Respondent’s objections/preferences, appropriateness of placement, etc.
◻ Consider what your recommendation will be, if you know, or what other information you need
◻ Recommendations should include need for guardianship, appropriateness of guardian and care
plan
◻ Contact CVLS to discuss your case and review your investigation
◻ Include all relevant information you have gathered, with a separate heading for each party
◻ Refer to each party by one name throughout the report, for example, using their name, or title
such as Mother, Guardian, etc.
◻ Report proven information as factual / If you have not seen proof, say “Mother states/alleges X”
◻ Keep the body of your report factual / Save all opinions and recommendations until the end
◻ GAL Report Information Checklist:
o Author and date of appointment
o Note any defects in the Petition or Exhibit A
o Note defects in Summons/Service/Notice
o Summarize medical/psychiatric information
o Note any medications the alleged disabled person is taking which may affect mental
performance
o Date, time and location of meeting with Respondent
o Statement that the contents of the petition and rights of respondent were given
o State the physical appearance of the alleged disabled person
o Whether (and how) the person was able to communicate with GAL
o Statement of any objection or agreement to guardianship or choice of guardian by
alleged disabled person
o A brief history on the alleged disabled person
o Describe the conditions of the present placement and whether they meet the alleged
disabled person’s needs
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o reviewed and everyone that was interviewed
List all documents
o Summarize all relevant conversations
o Summarize the Mini Mental Status Examination
o Note possible Cross-Petitions
o Note any Power of Attorney for healthcare or property
o Note Petitioner’s felony convictions (if any)
o Note any pending litigation
o GAL opinion and conclusions
◻ Prepare court documents and any draft orders you plan or hope to have entered (continuance,
order appointing guardian, oath and bond etc.)
◻ Finalize any last-minute conversations with the parties or their counsel in the hallway before
entering the courtroom (give the Petitioner a brief explanation of what will happen in court)
◻ Give your report to the parties / They should read it before the case is called
◻ Check-in with the clerk when you arrive and hand him/her all of the copies your report, with the
signed original on top / Let the clerk know if you are ready for your case to be called or whether
you are waiting for someone else to arrive / Clerk will file stamp all of them, keep the original,
and return all copies to you / Give a copy to each party and give them time to read it before
your case is called
◻ When parties arrive and you have all necessary documents, hand them to the clerk and let the
clerk know that the parties have arrived and you are ready to have your case called / Necessary
documents include: GAL Report, original CCP-211, Order Appointing Guardian, Oath and Bond,
Notice of Right to Discharge
◻ Sit down and wait for your case to be called
◻ When your case is called, approach the bench and introduce yourself as the GAL from CVLS
(spell your name for the record and speak slowly for the benefit of the court reporter)
◻ Wait for the judge to identify the parties and for the clerk to swear them in
67
◻ The judge will generally run the show, but you will need to give a verbal presentation of the
status of your case and what you would like the court to do if you are not ready for a guardian
to be appointed for the Respondent
◻ Speak clearly and only directly to the judge, referring to him or her as “Your Honor” or “Judge”
◻ Do not respond to anything a party says until the judge indicates that it is your turn to do so /
Never speak directly to the party, only to the judge
◻ If everything is ready to appoint a guardian, the judge will put everything on the record (date of
personal service, information from CCP-211, etc.), judge will ask GAL to give an oral summary of
report for the record (give a 3-minute recap of your report)
◻ Listen closely to what the judge says and take notes so that you can alter your draft orders
according to the judge’s instructions if needed
◻ If guardian is appointed in court, ask the judge to discharge the GAL and write that into the
order appointing guardian
◻ If you need another court date, ask the clerk for an available date
◻ If you don’t have a prepared order, draft the order using a blank order and carbon copies
◻ If there is another attorney in your case, show your order to the attorney for his/her approval
before you submit it to the court
◻ Hand your draft order to the clerk for the judge’s review and signature and sit down to wait
◻ When the order is ready, clerk will stamp all copies and give them to you / Give a copy to each
party / The new guardian will receive a copy of the Order Appointing Guardian that has a red
“OK to Certify” stamp which they can take to the 12th floor to have certified in the clerk’s office
(there is a $4.00 fee)
◻ After you leave, mail a copy of the order to parties who were not present in court (if any)
Case Closure
◻ Your case is usually closed when a guardian appointed and GAL is discharged
◻ Make sure all parties understand the outcome and have a copy of your report and all court
orders
◻ Make sure to let CVLS know the outcome of your case (upload the final documents to
LegalServer and close the case (file-stamped copy of your report and the final court order
discharging CVLS as GAL)
◻ In a couple of weeks, you will receive Letters of Office in the mail, forward those to Guardian
◻ Let us know if you are interested in another case, either now or in the future!
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A EN I C
N M CCG N
N M CCG N SAM LE
O G CC
A G CC N
S A G CC
N R R CC C
T G CC
O A T G CC
O A G CC N
O A L G CC
O A G A L CC
R CC
S R T A CC N
E T G CC
O E T G CC
I G CC
G A R R CC
O N S CC
M R O CC
M A N A CC
O A M CC
S A M CC
M R CC
69
Th s e te t o y e t
70
3303 (1/21/16) CCG N003
___________________________________________________
v.
___________________________________________________ No._______________________________________
NOTICE OF MOTION
To:
______________________________________
______________________________________
On ___________________________at ____________________________ a.m/p.m. or as soon thereafter as counsel
may be heard, I shall appear before the Honorable ____________________________________ or any judge sitting in that
Judge’s stead, in the courtroom usually occupied by him/her, located at __________________________________________,
Illinois, and present _________________________________________________________________________.
Atty. No.: ___________________________ Pro se 99500 Telephone: _______________________________________
Name: _________________________________________ Primary Email: ____________________________________
Atty. for: _______________________________________ Secondary Email: __________________________________
Address: ________________________________________ Tertiary Email: ____________________________________
City/State/Zip Code: ______________________________
71
Th s e te t o y e t
72
3303 CCG N003-150M-2/27/04 (3335092)
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
PRINT NAME OF PERSON OR PARTY SUING
___________________________________________________
v. No. PRINT YOUR CASE NUMBER
____________________________________
PRINT NAME OF PERSON OR PARTY BEING SUED
___________________________________________________
NOTICE OF MOTION
E
To: PRINT NAME OF PARTY YOU ARE SENDING NOTICE TO
____________________________________
PRINT COMPLETE ADDRESS
_______________________________________
L
PRINT CITY, STATE AND ZIP CODE
_______________________________________
CHECK COMPUTER FOR ASSIGNED COURTROOM, THEN
CHECK BLACKBOARD FOR COURT DATE AND TIME a.m.
P
PRINT COURT DATE
On ___________________________________, _________, at PRINT TIME
________________ p.m. or as soon thereafter as counsel
CHECK COMPUTER
PRINT NAME OF JUDGE FOR ASSIGNED JUDGE
may be heard, I shall appear before the Honorable ____________________________________________ or any Judge sitting in that
CHECK COMPUTER
PRINT COURTROOM NUMBER
M
________________________________________________
Judge's stead, in the courtroom usually occupied by him/her, located at FOR COURTROOM NUMBER
A
PRINT YOUR NAME
Name ____________________________________________ Atty. No. ________________ Pro Se 99500
PRINT YOUR ADDRESS
Address __________________________________________ LEAVE THIS SECTION BLANK IF YOU ARE
Attorney for _______________________________________
S
PRINT YOUR CITY, STATE AND ZIP CODE NOT REPRESENTED BY AN ATTORNEY
City/State/Zip _____________________________________ Telephone ________________________________________
I, PRINT NAME OF PERSON WHO MAILED NOTICE , the attorney/non attorney* certify that I served this notice by mailing
___________________________________________
PRINT NAME OF PERSON OR (*strike one)
PRINT ADDRESS OF PERSON OR
PARTY THE NOTICE IS BEING SENT TO
a copy to __________________________________________ PARTY THE NOTICE IS BEING SENT TO
at _______________________________________________
(address on envelope)
PRINT LOCATION OF POST OFFICE OR MAIL BOX
and depositing the same in the U. S. Mail at ____________________________________________________________________
PRINT TIME a.m. PRINT DAY (place of mailing)
NOTE: If more than one person is served by delivery or mail, additional proof of service may be made by attaching an additional sheet to this
Notice of Motion.
73
Th s e te t o y e t
74
Order Dismissing Petition for Guardianship (11/13/13) CCP 0001
Estate of
No. _________________________________
___________________________________________________________
Minor’s Initials
A. The Petition for Guardianship in the above-captioned cause be dismissed for want of prosecution; and
ENTERED:
__________________________________________
Judge Judge’s No.
75
Th s e te t o y e t
76
Petition for Appointment of Guardian of Disabled Person (03/30/15) CCP N200 A
77
Th s e te t o y e t
78
Petition for Appointment of Guardian of Disabled Person (03/30/15) CCP N200 B
q (c) Illinois is not the Respondent’s “home state” or a “significant-connection state” as defined in §201(a)
(2) - (3) of the UAGPPJA, but the “home state” and e ery “significant-connection state” ha e declined
to exercise jurisdiction because Illinois is the most appropriate forum.
q (d) Illinois is not the Respondent’s “home state” or a “significant-connection state” as defined in §201(a)(2) -
(3) of the UAGPPJA, but the circumstances in ol ed constitute an “emergency” as defined in §201(a)(1)
of the UAGPPJA, and, as a result, the Court has “special jurisdiction” under §204(a) of the UAGPPJA.
The Petitioner asks that ___________________________________________ be adjudged a disabled person, and that
(printed name of the Respondent)
A. ________________________________________________________________________________________
(printed name of the proposed Guardian)
________________________________________________________________________________________
(post office address city state ip code)
age _______ years, _______________________________, ______________________________________,
(relationship to the Respondent) (occupation)
ho is qualified and willing to act and who q has q has not been convicted of a felony, be appointed as
w
Guardian of the q estate and person q estate only of the Respondent.
*** B. ________________________________________________________________________________________
(printed name of the proposed Guardian)
________________________________________________________________________________________
(post office address city state ip code)
ho is qualified and willing to act and who q has q has not been convicted of a felony, be appointed as
w
Guardian of the person only of the Respondent.
*** C. Because _______________________________________ has been con icted of a felony, the ourt finds that
(printed name of the proposed Guardian)
(i) the appointment is in the Respondent’s best interests, after considering the nature and date of the offense
and the evidence of the proposed Guardian’s rehabilitation, and (ii) the offense is not one which, under
§11a-5(5) of the Probate Act, would prohibit the appointment.
79
Th s e te t o y e t
80
Petition for Appointment of Guardian of Disabled Person (03/30/15) CCP N200 C
Exhibit A
Attached to and made a part of a
PETITION FOR APPOINTMENT OF GUARDIAN OF DISABLED PERSON
No. ___________________________
ist the names and post office addresses (i) of the persons entitled to recei e notice under paragraph 5, and (ii)
of the minors or adults who are dependent upon the Respondent under paragraph 6, of the Petition to which this
Exhibit A is attached.
I. Respondent’s Guardian(s) or agent(s) appointed under the Illinois Power of Attorney Act
Has a Court appointed a Guardian for the Respondent? q Yes q No q Unknown
Has the Respondent executed a Power of Attorney for Property? q Yes q No q Unknown
Has the Respondent executed a Power of Attorney for Health Care? q Yes q No q Unknown
Provide the following information with respect to each Guardian and agent:
_________________________________________ _________________________________________
(name) (name)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
_________________________________________ _________________________________________
(relationship to the Respondent) (relationship to the Respondent)
Type of guardianship: Type of Power of Attorney: Type of guardianship: Type of Power of Attorney:
q Adult q Minor q Property q Adult q Minor q Property
q Person q Estate q Health Care q Person q Estate q Health Care
If the Respondent has one or more additional Guardian(s) or agent(s), provide the above information with re-
spect to each on an additional page.
II. Respondent’s Nearest Relatives Entitled to Notice
A. Does the Respondent have a spouse (by marriage or civil union) and adult children, parents and adult
brothers and sisters living?
If “No” or “Unknown”, proceed to paragraph B below.
If “Yes”, provide the following information with respect to each:
Spouse Adult Child
_________________________________________ _________________________________________
(name) (name)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
81
Th s e te t o y e t
82
Petition for Appointment of Guardian of Disabled Person (03/30/15) CCP N200 D
_________________________________________ _________________________________________
(name) (name)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
If the Respondent has one or more additional adult children living, provide the above information with respect
to each on an additional page.
Parent Parent
_________________________________________ _________________________________________
(name) (name)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
_________________________________________ _________________________________________
(name) (name)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
If the Respondent has one or more additional adult brothers and sisters living, provide the above information
with respect to each on an additional page.
B. If the Respondent has no spouse, no adult child, no parent and no adult brother or sister, provide the
following information with respect to each nearest relative (if minor, only provide initials pursuant to
Illinois Supreme Court Rule 138):
_________________________________________ _________________________________________
(name or initials, if minor) (relationship) (name or initials, if minor) (relationship)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
83
Th s e te t o y e t
84
Petition for Appointment of Guardian of Disabled Person (03/30/15) CCP N200 E
_________________________________________ _________________________________________
(name or initials, if minor) (relationship) (name or initials, if minor) (relationship)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
If the Respondent has one or more additional nearest relatives living, provide the above information with re-
spect to each on an additional page.
III. Minor(s) and Adult(s) Dependent Upon the Respondent
Does the Respondent have one or more minors or adults who are dependent upon the Respondent? (If
minor, only provide initials pursuant to Illinois Supreme Court Rule 138)
q Yes q No q Unknown
If “Yes”, provide the following information with respect to each:
Dependent q Minor q Adult Dependent q Minor q Adult
_________________________________________ _________________________________________
(name or initials, if minor) (relationship) (name or initials, if minor) (relationship)
_________________________________________ _________________________________________
(address) (address)
_________________________________________ _________________________________________
(city/state/zip code) (city/state/zip code)
If the Respondent has one or more additional minors or adults who are dependent upon the Respondent, provide
the above information with respect to each on an additional page.
85
Th s e te t o y e t
86
Summons for Appointment of Guardian of Disabled Person (08/18/14) CCP 0201 A
Estate of
No. _____________________________________
__________________________________________________
Alleged Disabled Person
_____________________________________________________
Clerk of Court
TO THE OFFICER:
This SUMMONS, PETITION and NOTICE must be served on the alleged disabled person PERSONALLY no
later than fourteen (14) days before the day for appearance. The SUMMONS must be returned by the officer, or other per-
son to whom it was given for service, with endorsement of service and fees, if any, no later than two (2) days after service.
If service cannot be made on the alleged disabled person personally, this SUMMONS shall be returned so endorsed.
RETURN
I certify that on _______________________________ , _______:
*1. I served this SUMMONS on the alleged disabled person by leaving a copy with the person PERSONALLY and
informing the person of its contents.
*2. I was unable to serve this SUMMONS on the alleged disabled person.
______________________________ , Sheriff of _______________ County
By _______________________________________________________ , Deputy
* Strike if not applicable SHERIFF’S FEE
Service and return _____________$_______________
Miles ______________________ $ _______________
Total ______________________ $ _______________
87
Th s e te t o y e t
88
Summons for Appointment of Guardian of Disabled Person (08/18/14) CCP 0201 B
The place where the hearing will occur is: Room ___________ , Richard J. Daley Center
50 West Washington Street
Chicago, Illinois 60602
If a Guardian is appointed for you, the Guardian may be given the right to make all important decisions for you, such
as where you may live, what medical treatment you may receive, what places you may visit, and who may visit you. A
Guardian may also be given the right to control and manage your money and other property, including your home, if you
own one. You may lose the right to make those decisions for yourself.
You have the following legal rights:
89
Th s e te t o y e t
90
2514 Notice of Rights of Respondent (08/18/14) CCP 0201 C
Estate of
No. _____________________________________
__________________________________________________
Alleged Disabled Person
You have been named as a respondent in a guardianship petition asking that you be declared a disabled person. If
the court grants the petition, a guardian will be appointed for you. A copy of the guardianship petition is attached for your
convenience.
If a guardian is appointed for you, the guardian may be given the right to make all important personal decisions for you,
such as where you may live, what medical treatment you may receive, what places you may visit, and who may visit you.
A guardian may also be given the right to control and manage your money and other property, including your home, if you
own one. You may lose the right to make these decisions for yourself.
You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or cancelled if
you do not attend.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR
IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO
BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER PROBLEMS,
YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.
92
Petition for Temporary Guardian of Alleged Disabled Person (08/18/14) CCP 0202
No. ________________________________
____________________________________________________________
Alleged Disabled Person
Attorney Certification
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Page 1 of 1
93
Th s e te t o y e t
94
Order Appointing Temporary Guardian for Disabled Person (Rev. 11/09/04) CCP 0203
}
Estate of No. ______________________________
________________________________________________
Alleged Disabled Person
C. Letters of temporary guardianship shall issue in accordance with the provisions of this Order;
D. The authority of the temporary guardian, if not sooner terminated, shall terminate on
___________________________________, ________ (not more than 60 days after the date of this Order).
96
Order Appointing Plenary Guardian of Disabled Person (02/09/15) CCP N204 A
Estate of
No. ______________________________________
__________________________________________________
A Disabled Person
97
Th s e te t o y e t
98
Order Appointing Plenary Guardian of Disabled Person (02/09/15) CCP N204 B
6. The factual basis for the abo e findings of the ourt is as follows
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
IT IS ORDERED that:
A. The disabled person’s presence at the hearing is e cused for the reason that the record shows that the disabled person
q refuses to be present; OR q will suffer harm if required to attend;
. __________________________________________________________________ be appointed as Plenary Guardian of the
(printed name of the proposed Guardian)
q estate q estate and person, of the disabled person;
*** C. ________________________________________ be appointed as Plenary Guardian of the person of the disabled person.
(printed name of the proposed Guardian)
. etters of Plenary guardianship issue in accordance with the pro isions of this rder.
*** E. i. The bond of the Plenary Guardian of the q estate q estate and person, and the surety therein, be approved.
ii. The bond of the Plenary Guardian of the person be approved.
*** F. The Plenary Guardian of the estate present to the Court:
i. a n In entory as required by ection §1 -1 of the Probate Act within 60 days from the date of this rder, or shall appear
before the Court on _________________________, _______at ______ a.m./p.m. (not more than sixty (60) days after
the date of this Order).
ii. a erified Account as required by §2 -11 (a) of the Probate Act within 30 days after the e piration of one year from the
date of this Order, and annually thereafter, or shall appear before the Court on _________________________ , ______
at _________ a.m./p.m. (not more than thirteen (13) months after the date of this Order)
G. T
he Plenary Guardian of the person file a Report as required by §11a-1 (b) of the Probate Act within 30 days after the
e piration of one year from the date of this rder, and annually thereafter, or shall appear before the ourt on
______________________, _______ at _________ a.m./p.m. (not more than thirteen (13) months after the date of this
Order).
H. The Clerk of the Circuit Court of Cook County shall mail to the disabled person at the residence address set forth in the Peti-
tion filed herein a written statement informing the disabled person of the person’s rights under §11a-20 of the
Probate Act to petition for termination of the adjudication of disability, revocation of the letters of Plenary guardianship
of the estate or person, or both, or modification of the duties of the Plenary Guardian, and of the procedures for
petitioning the Court.
I. The lerk of ircuit ourt of ook ounty send notification and a copy of this rder to the epartment of tate Police,
irearm wner’s Identification ffice, in accordance with §11a-2 of the Probate Act.
J. q ( 26) The lerk of the ircuit ourt of ook ounty shall immediately notify the epartment of tate Police, irearm
wner’s Identification epartment ( I ), and forward a copy of the ourt rder to the epartment of tate Police, ire-
arm er ices ureau, 01 . th treet, pringfield, I 62 03.
Full Name: ___________________________________________________ ate of irth
(Last) (First) (Middle)
99
Th s e te t o y e t
100
Order Appointing Limited Guardian of Disabled Person (Rev. 08/12/14) CCP 0207 A
101
Th s e te t o y e t
102
Order Appointing Limited Guardian for Disabled Person (Rev. 08/12/14) CCP 0207 B
IT IS ORDERED that:
*A. The disabled person’s presence at the hearing is excused for the reason that the record shows that the disabled person:
q refuses to be present; OR q will suffer harm if required to attend;
*B. ______________________________________________________________ be appointed as Limited Guardian of the
(printed name of the proposed Guardian)
q estate q estate and person, of the disabled person;
*C. _____________________________________________ be appointed as Limited Guardian of the person of the disabled person.
(printed name of the proposed Guardian)
D. Letters of Limited Guardianship issue in accordance with the provisions of this Order.
E. * i. In the case of the Limited Guardian of the estate, the authority specifically reserved to the disabled person is as follows:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
*ii. In the case of the Limited Guardian of the person, the authority specifically conferred on the guardian is as follows:
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
F. *i. The bond of the Limited Guardian of the q estate q estate and person, and the surety therein, be approved.
*ii. The bond of the Limited Guardian of the person be approved.
G. The Limited Guardian of the estate present to the Court:
i. an Inventory as required by Section §14-1 of the Probate Act within sixty (60) days from the date of this Order, or shall ap-
pear before the Court on __________________, _____ at ______ a.m./p.m. (not more than sixty (60) days after the date of
this Order).
ii. a verified Account as required by §24-11 (a) of the Probate Act within thirty (30) days after the expiration of one year from
the date of this Order, and annually thereafter, or shall appear before the Court on ______________________, _______ at
_________a.m./p.m. (not more than thirteen (13) months after the date of this Order).
H. The Limited Guardian of the person file a Report as required by §11a-17(b) of the Probate Act within thirty (30) days after the
expiration of one (1) year from the date of this Order, and annually thereafter, or shall appear before the Court on
______________________, _______ at _________a.m./p.m. (not more than thirteen (13) months after the date of this Order).
I. The Clerk of the Circuit Court of Cook County shall mail to the disabled person at the residence address set forth in the Petition
filed herein a written statement informing the disabled person of the person’s rights under §11a-20 of the Probate Act to petition
for termination of the adjudication of disability, revocation of the letters of plenary guardianship of the estate or person, or both,
or modification of the duties of the Plenary Guardian, and of the procedures for petitioning the Court.
J. The Clerk of the Circuit Court of Cook County send notification and a copy of this Order to the Department of State Police,
Firearm Owner’s Identification Office, in accordance with §11a-24 of the Probate Act.
*Strike if not applicable.
Atty. No.: ______________________
Name: ___________________________________________ ENTERED:
103
Th s e te t o y e t
104
Order Appointing Guardian Ad Litem for Alleged Disabled Person (09/22/14) CCP 0209
Estate of
__________________________________________________
No. _____________________________________
Alleged Disabled Person
ii. Inform the Respondent orally and in writing of the contents of the Petition and of the Respondent’s
rights under §11a-10 of the Probate Act of 1975 (755 ILCS 5/11a-10);
iii. Attempt to elicit the Respondent’s position concerning the adjudication of disability, the proposed
Guardian, a proposed change in residential placement, changes in care which might result from the
guardianship, and other areas of inquiry deemed appropriate by the Court;
iv. File a written report with the Court and be present at the hearing in Room _______ , Richard J. Daley
Center, 50 West Washington Street, Chicago, Illinois, on
_________________________________, ________, at __________.m.
C. Notwithstanding any provision in the Mental Health and Developmental Disabilities Act or any other
law, the Guardian ad litem shall have the right to inspect and copy any medical or mental health
records of the Respondent which the Guardian ad litem deems necessary, provided that the information
so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with the
proceedings.
106
Report of Physician (09/22/14) CCP 0211 A
REPORT OF PHYSICIAN
______________________________________________________, a licensed physician, submits the following Report on
(printed name of the physician)
______________________________________________________, an alleged disabled person (the “Respondent”), based
(printed name of the alleged disabled person)
upon evaluations of the Respondent performed on __________________, _____ .
NOTE: The evaluations upon which this Report is based must have been performed within three (3) months of the
date the Petition for guardianship is filed.
1. The following is 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, including an
underlying diagnosis and a description of the manifestations of the disability:
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
2. The following is an analysis and the results of evaluations of the Respondent’s mental and physical condition, and (if
appropriate) a description of the Respondent’s educational condition, adaptive behavior and social skills:
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
3. The following is my opinion as to whether guardianship is needed, the type and scope of the guardianship needed, and
the reasons for my opinion, including whether the Respondent is TOTALLY or only PARTIALLY incapable of making
PERSONAL and FINANCIAL decisions and if only PARTIALLY, the kinds of decisions which the Respondent can and
cannot make:
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
4. The following is my recommendation as to the most suitable living arrangement for the Respondent and (if
appropriate) the treatment or habitation plan for the Respondent, and the reasons for my recommendation:
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
107
Th s e te t o y e t
108
Report of Physician (09/22/14) CCP 0211 B
If the description of the Respondent’s mental, physical and educational condition, adaptive behavior or social skills is
based upon evalutions by other professionals, all professionals preparing evalutions must also sign this Report.
5. The following are the names, addresses, certifications, licenses or other credentials, and signatures of each other
person who performed an evaluation upon which this Report is based:
a. Name ______________________________________________________________________________________
Address ____________________________________________________________________________________
Signature ___________________________________________________________________________________
*
(signature of the Physician preparing this Report)
(city/state/zip code)
Certification ________________________________________________________________________________
Other credentials _____________________________________________________________________________
109
Th s e te t o y e t
110
Statement of Right to Petition for Termination of Adjudication of Disability,
Revocation of Letters of a Guardianship or Modification of Duties of Guardian (04/11/16) CCP N214
A Disabled Person
STATEMENT OF RIGHT TO PETITION FOR TERMINATION OF ADJUDICATION OF
DISABILITY, REVOCATION OF LETTERS OF GUARDIANSHIP OR MODIFICATION OF
DUTIES OF GUARDIAN
To:
You have been adjudged a disabled person. A Guardian has been appointed for you,
and the duties of your Guardian have also been determined. A copy of the ORDER
appointing your Guardian is attached to this NOTICE for your information.
You have the right under §11a-20 of the Illinois Probate Act to petition for
termination of adjudication of your disability, for revocation of your Guardian’s
letters of guardianship of estate or person, or both, or for modification of the
duties of your Guardian. If you believe that you are able to make or communicate
decisions about yourself or manage your financial affairs, you may ask the Court for
assistance in discharging your Guardian or modifying your Guardian’s duties.
You can contact the Court by any means, including a telephone call, an informal
letter or a visit; however, a written request is preferable.
111
Th s e te t o y e t
112
Petition to Extend Temporary Guardianship of Alleged Disabled Person (Rev. 08/12/14) CCP 0219
No. ______________________________________
__________________________________________________
Alleged Disabled Person
*and that the powers and duties of the Temporary Guardian be modified as follows:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
*Strike if not applicable.
Address: __________________________________
City/State/Zip Code: _________________________ (city/state/zip code)
Service via email from opposing party/counsel will be accepted
Telephone: _________________________________
Email: ____________________________________ at:
by consent pursuant to Ill. Sup. Ct. Rules 11 and 131.
113
Th s e te t o y e t
114
Order Extending Temporary Guardianship of Alleged Disabled Person (Rev. 08/18/14) CCP 0220
Estate of
__________________________________________________
No. ______________________________________
Alleged Disabled Person
115
Th s e te t o y e t
116
Instructions to Guardian of Disabled Person (Rev. 09/22/14) CCP 0221
Estate of
You have been appointed Guardian of the estate of the above-named disabled person (the “Ward”). When you filed
your bond and took your oath as Guardian, you became an officer of the Court and assumed certain duties and obligations.
You should clearly understand the following requirements, but because the list is not exhaustive, your attorney is best
qualified to advise you regarding these matters:
1. You must keep the Ward’s money and property separate from your own. When you open a bank account for guardian-
ship funds, the account must be in your name as Guardian of the estate of the above-named Ward. Securities must also
be held in that manner. If you are Guardian for more than one Ward, you must keep a separate account for each ward.
Your surety who has posted the bond guaranteeing the Ward against loss may require joint control over withdrawals
from the bank.
2. You are not permitted as Guardian to spend or lend the Ward’s money without a prior Order of the Court. You may
have to reimburse the estate out of your own pocket for money which is disbursed without the Court’s prior permission.
However, you may without an Order either pay directly or reimburse youself for Court costs paid to the Clerk of Court
and for premiums paid on your bond.
3. Within 60 days from the date of the Order appointing you as Guardian, you must present to the Court an Inventory list-
ing all of the money, other property or cause of action in which the Ward may have an interest.
4. Within 30 days after the expiration of one year from the date of the Order appointing you as Guardian, and annually
thereafter, you must file a verified Account showing what you have received as Guardian, what money or other prop-
erty you have collected, and what you have spent (and produce a receipt for each expenditure). The Account must also
list the money and other property left at the end of the year.
5. You must obtain the Court’s permission to lease, sell, mortgage, or pledge real or personal property of the Ward, to ini-
tiate litigation on behalf of the Ward, or to invest the Ward’s funds other than as specifically authorized by the Probate
Act of 1975.
6. You may be required to file annual income tax returns and make estimated income tax payments.
7. Your attorney is your representative before this Court. It is important that you cooperate with your attorney at all times
so that you may be assisted in carrying out your responsibilities.
117
Th s e te t o y e t
118
Guardian’s Annual Report Regarding Ward (Rev. 6/16/14) CCP 0222 A
Estate of
No. ______________________________________
__________________________________________________
A Disabled Person
__________________________________________ (the “Ward”), submits this annual Report as follows (if the Ward is
(printed name of the disabled person)
deceased, attach a copy of the death certificate and do not complete the numbered paragraphs of this Report):
1. The Ward is now ________ years of age.
The Ward’s current mental diagnosis: ________________________________________________________________
The Ward’s current physical diagnosis: _______________________________________________________________
The Ward’s current mental condition: ________________________________________________________________
The Ward’s current physical condition: _______________________________________________________________
The Ward’s current social condition: ________________________________________________________________
2. The Ward’s current living arrangements, including the place of residence, and the Guardian’s opinion as to the
appropriateness of those arrangements: ______________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
The Ward’s other places of residence since the last report and the length of stay at each place:
______________________________________________________ ________________________________
______________________________________________________ ________________________________
______________________________________________________ ________________________________
3. Medical and dental services provided to the Ward: ______________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Educational service provided to the Ward:
______________________________________________________________________________________________
Vocational and other professional services provided to the Ward: __________________________________________
______________________________________________________________________________________________
119
Th s e te t o y e t
120
Guardian’s Annual Report Regarding Ward (Rev. 6/16/14) CCP 0222 B
4. A summary of the Guardian’s visits with and activities on behalf of the Ward:
Dates Description
______________________ ________________________________________________________________
______________________ ________________________________________________________________
______________________ ________________________________________________________________
______________________ ________________________________________________________________
______________________ ________________________________________________________________
______________________ ________________________________________________________________
5. The Guardian recommends that there q is q is not a need for continued guardianship because:
______________________________________________________________________________________________
6. Other information concerning the Ward which may in the opinion of the Guardian be useful to the Court:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Dated: _______________________ , _______
Mail To:
(signature of the Guardian)
Judge ______________________________
Probate Division
(printed name of the Guardian)
Circuit Court of Cook County
Richard J. Daley Center
Courtroom # ________________________ (address of the Guardian)
50 West Washington Street
Chicago, Illinois 60602 (city/state/zip code)
121
Th s e te t o y e t
122
4261 Oath And Bond Of Representative - No Surety (Rev. 09/06/13) CCP 0313
Estate of
No. ______________________________________
_____________________________________________________
APPROVED:
_____________________________________________
______________________________________, ________
Address _____________________________________
_______________________________________________ _____________________________________________
Judge Judge's No.
124
Probate Division Mediation Referral Order (01/29/15) CCP 0701 A
Estate of
No. _______________________________________
__________________________________________
125
Th s e te t o y e t
126
Probate Division Mediation Referral Order (01/29/15) CCP 0701 B
3. Not less than ten (10) days prior to the mediation session, each party shall present the mediator with a brief
written summary of the case containing a list of all pending issues to be addressed in mediation, unless the
mediator has requested a different procedure. Any party who wishes all or part of its summary to remain
confidential shall inform the mediator, in writing, at the time the summary is tendered and shall clearly mark
which portions are confidential. The summary shall contain the following information:
(i) The names of all mediation participants;
(ii) A summary of the facts and issues;
(iii) Any offers or demands of settlement.
4. All discussions, representations and statements made at the mediation session shall be privileged, consistent
with a Confidentiality Agreement, to be signed on behalf of each party prior to commencement of the first
mediation session. The Confidentiality Agreement shall be made part of the case court records.
5. The Court-appointed mediator shall be compensated by the parties at the rate of $250.00 per hour unless
otherwise agreed to by the mediator and parties in writing.
a. q Each party shall bear mediation costs proportionately, OR
b. q The estate shall bear the cost of mediation, OR
c. q The Court orders that ___________________________________ shall bear the cost of mediation.
G. Mediation shall be completed within seven (7) weeks of the first mediation session unless extended by order of
the Court or by stipulation of the parties. If an agreement is reached, it shall be reduced to writing and signed
by each of the parties. Following execution of the written settlement agreement by all parties, the parties shall
file with the Court, Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report). If
the parties have reached no agreement and the mediator concludes that further mediation would not be likely to
result in agreement, the mediator shall complete and sign Form 4 (Memorandum of Agreement/No Agreement)
and Form 6 (Mediator Report), provide a copy of same to each party, and file the same with the Court.
H. (SELECT ONE)
q The parties shall continue discovery while conducting mediation.
q Discovery related to ____________________________________________________________________
shall be stayed until the Post-Mediation status hearing set forth below.
I. 4509 This cause is set for Post-Mediation status on ___________________________________, __________
at __________ a.m./p.m. before Judge __________________________________________________
or any other Judge sitting in his/her stead in Courtroom ____________, in the Richard J. Daley Center,
Chicago, Illinois, 60602.
4215 The previously set status date of ________________________________, ________ is hereby stricken.
4304 Miscellaneous Orders: ______________________________________________________________ .
ENTERED:
_____________________________________________
Judge Judge’s No.
127
Th s e te t o y e t
128
Memorandum of Agreement/No Agreement (10/14/14) CCP 0702
3049 q NO AGREEMENT. The parties were unable to resolve their dispute. The parties shall appear in the
Courtroom set for the Post-mediation Status Hearing before the referring Judge.
_______________________ ____________________________
Petitioner’s Attorney Atty. No. Respondent’s Attorney Atty. No.
129
Th s e te t o y e t
130
Order for Appointment of Mediator (10/14/14) CCP 0703
Address: ___________________________________________________________________________________
__________________________________________________________________________________________
Email: ____________________________________________________________________________________
ENTERED:
_____________________________________________
Judge Judge’s No.
131
Th s e te t o y e t
132
Stipulation for Appointment of Mediator (10/29/14) CCP 0704
q 3489
Estate of
No. ______________________________________
__________________________________________________
(To be completed and filed with the Court, with a courtesy copy delivered to the Probate Division Court-
Annexed Mediation Supervisor, pursuant to Illinois Supreme Court Rule 99 as a mechanism for reporting to the
Pursuant to Cook County Circuit Court Rule 24, Probate Division Court-Annexed Mediation; the parties have
Address: ___________________________________________________________________________________
__________________________________________________________________________________________
Email: ____________________________________________________________________________________
Phone: __________________________________Email:____________________________________________
Stipulated on: _______________________________
134
Mediator Report (10/14/14) CCP 0705
MEDIATOR REPORT
(To be completed at the end of each mediation and filed with the Court, with a courtesy copy delivered to the
Probate Division Court-Annexed Mediation Supervisor, pursuant to Illinois Supreme Court Rule 99 as a mechanism
for reporting to the Supreme Court on the mediation program.)
135
Th s e te t o y e t
136
A EN I C O O
O C
O A S
O S R
O R R HI AA
O T
O A L G S
O M
O OA
A C
137
Th s e te t o y e t
138
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - PROBATE DIVISION
, No.:
ORDER
This matter came to be heard on the Petition for Guardianship. The Court was fully advised that [the
GAL requests additional time to conduct his investigation OR the Petitioner requests additional time
to procure a CCP-211] and;
IT IS THEREFORE ORDERED:
E N T E R:
Judge Date
139
Th s e te t o y e t
140
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
, No.:
ORDER
ENTER:
Judge Date
141
Th s e te t o y e t
142
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - PROBATE DIVISION
, No.:
ORDER
This matter came to be heard on the Petition for Guardianship and the Report of the GAL. The
Petitioner and GAL appeared and presented a copy of the Death Certificate of Respondent and,
IT IS THEREFORE ORDERED:
E N T E R:
Judge Date
143
Th s e te t o y e t
144
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - PROBATE DIVISION
, No.:
ORDER
This matter came to be heard on the Petition for Guardianship. The Court was fully advised and;
IT IS THEREFORE ORDERED:
C. Chicago Volunteer Legal Services and it’s agents, as Guardian ad litem, are authorized to
receive any and all medical and mental health care documents pertaining to admission, evaluation,
treatment and discharge of including any documents
protected by the Health Insurance Portability and Accountability Act (HIPAA) from all mental and
medical health care providers of , including but not limited to
Dr. .
E N T E R:
Judge Date
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Th s e te t o y e t
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT -- PROBATE DIVISION
Estate of:
, No.
ORDER
This matter came to be heard on the Petition for Appointment of Guardian for Disabled Adult.
The GAL, Petitioner and Cross-Petitioner appeared and the court was fully advised, and
IT IS HEREBY ORDERED:
Street:
Phone:
ENTER:
__________________________________________
Judge Date
147
Th s e te t o y e t
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
A disabled adult.
AGREED ORDER
This matter came to be heard for trial on Dan Sherrys' Petition for Restoration and to Discharge
the Guardians of his Person. Present were the GAL, Peter Ashmore, the ward, Dan Sherry, Mr.
Sherry’s court appointed counsel, Greg Grand, and the guardians of Mr. Sherry' person only,
Roberta and Rockford Sherry.
This Court, having jurisdiction and being fully advised that the parties are in agreement,
HEREBY FINDS:
1. That Dan Sherry lacks some but not all the understanding or capacity to make or
communicate responsible decisions concerning his financial and personal affairs.
2. The factual basis for the finding of the Court is based upon the CCP-211 and
Forensic Clinical Services Psychiatric Summary of Dr. Roni L. Seltzberg, and the GAL Report.
IT IS THEREFORE ORDERED:
A. Roberta Sherry and Rockford Sherry are appointed Limited Co-Guardians of the
Person of Dan Sherry.
(2) Dan Sherry shall retain power and control over any earnings she receives
from any employment.
(3) Dan Sherry and his attorney of record shall receive Notice of any
subsequent proceedings regarding this Limited Guardianship and all matters
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related thereto and shall retain standing to object in this Court to any action taken
by the Limited Guardian.
(4) Dan Sherry may exercise her right to vote in all local, state and federal
elections.
(5) Dan Sherry may apply for a valid drivers license subject to any
requirements or determinations by the Secretary of State.
C. All previously issued Letters of Office are hereby revoked. New Letters of Office
shall issue in accordance with the provisions of the Order and with this Order attached thereto.
E. Upon subsequent Petition for Restoration by Dan Sherry, the CCP-211 and
Forensic Clinical Services Psychiatric Summary of Dr. Roni L. Seltzberg shall be admitted into
evidence. Those documents and the opinions expressed therein will be given appropriate weight
depending on circumstances such as the time of filing of the Petition and any other credible
opinions submitted at that time.
E N T E R:
Judge Date
150
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - PROBATE DIVISION
, No.:
ORDER
This matter came to be heard on the Petition for Guardianship filed by who
was present in court and represented by counsel. Also present in court was the Cross-Petitioner,
. The court-appointed guardian ad litem appeared and presented his Report
of GAL. Court was otherwise fully advised and hereby orders:
A. The Center for Conflict Resolution is appointed to mediate this matter by stipulation of
the parties.
C. The GAL shall mail a copy of this Order to all interested parties.
E N T E R:
Judge Date
151
Th s e te t o y e t
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
ORDER
This matter came to be heard on the Petition for Guardianship filed by Bernice Berry. Present in court were the
GAL and Bernice Berry. The GAL presented a report and the Powers of Attorney executed by Kenneth Earl on
April 25, 2013. The Court was fully advised and finds:
1. There is no clear and convincing evidence that Kenneth Earl is a disabled person as defined in the Probate
Act of 1975.
2. The Power of Attorney for Property executed on April 25, 2013 by Kenneth Earl is a valid Power of
Attorney for the limited purposes of granting Bernice Berry authority to apply for and receive any and all
benefits from Illinois Department of Public Aid and/or Department of Human Services, including but not
limited to food stamps.
3. The Power of Attorney for Property executed on April 25, 2013 by Kenneth Earl appointing Bernice Berry
as his agent becomes effective on May 6, 2013 upon entry of this Order.
IT IS THEREFORE ORDERED:
A. The Petitioner is granted leave to withdraw her Petition for Guardianship and the Petition is therefore
dismissed.
B. The Power of Attorney for Property executed on April 25, 2013 by Kenneth Earl for the limited purposes of
granting Bernice Berry authority to apply for and receive any and all benefits from Illinois Department of
Public Aid and/or Department of Human Services, including but not limited to food stamps, is hereby ratified.
E N T E R:
Judge
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
, No.:
state that I am under no legal disability and do hereby appear, waive notice and consent to
of .
Respondent
Notary Public
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A EN I S GAL R
A GAL R
O GAL R
E GAL R
GAL R
S GAL R
R GAL R
S GAL R
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Th s e te t o y e t
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
Chicago Volunteer Legal Services was appointed guardian ad litem on October 21, 2014 after
Kathy Novarro, filed her pro se Petition for guardianship of Jessie who celebrated her 86rd
birthday on November 15 of this year. That Petition seeks to appoint Ms. Novarro as the
guardian of the person only of Jessie Anchum.
INVESTIGATION
Doctor’s Report. I reviewed a facsimile of the CCP-211 by Dr. Daniel DeSimone based on an
examination of Jessie on August 19, 2014.
The Report notes Jessie’s diagnosis of dementia and it further states that as a result of a decline
in cognitive function over the last two years Jessie cannot live independently and is in need of
24-hour supervision. The Report states that Jessie is totally incapable of making personal and
financial decisions.
I was unable to review the second page of the CCP-211 as the facsimile was not formatted
correctly.
Kathy Novarro, Petitioner, Friend of Respondent. I met Ms. Novarro at the family’s mobile
home on November 19, 2014 after speaking with her a couple of times on the telephone. She
was always organized, articulate and has shown initiative in attempting to resolve this matter pro
se. She has cared for Jessie for the lasts several months. Prior to her involvement, Ms.
Novarro’s mother provided intermittent supervision and care for Jessie. Recently, Jessie moved
into Ms. Novarro’s two-bedroom home shared with Ms. Novarro’s son, Daniel. Jessie occupies
the living area and, although the space is a bit crowded, it seems comfortable and is clean. Jessie
is never left alone.
Ms. Novarro stated that Jessie’s son, Glynn, was adopted by Jessie’s sister when Jessie was very
young. She related a story that indicated that Jessie and her son had contact over the years and
were now estranged after what was, perhaps, a tumultuous relationship. Ms. Novarro stated that
Jessie’s niece, Rose was the most involved, but that no one expressed any real interest in
providing day-to-day care or acting as guardian.
Ms. Novarro stated that her son helps with supervision of Jessie and is with her each morning
until about 11:45 when Ms. Novarro returns home from work. Daniel was present when I arrived
for my visit, but immediately retired to his bedroom when I entered the home.
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Ms. Novarro appeared to be well-aware of Jessie’s medical history and her abilities and
inabilities. She stated that Jessie is ambulatory and can prepare toast and coffee and other simple
snacks for herself. She states that she can do many activities of daily living alone, but
occasionally asks for help using the restroom and showering. She stated that Jessie enjoys going
to restaurants and getting out, but that it has been more difficult to transport Jessie since her fall
which injured her hip.
Ms. Novarro indicated that, in addition to her job with UPS, she is the employed by Help at
Home which pays her for 20 hours of work as Jessie’s care-giver. Through this organization, Ms.
Novarro receives training and home inspections regularly.
Jessie Anchum, Respondent. I met Jessie at the family’s home on November 19, 2014. I
arrived at approximately 11:15 a.m. The neighborhood was quiet and consisted of mobile home
trailers in a housing division designed for that purpose.
Jessie was lying in her hospital bed in the living room of the home. I was seated in a chair at a
dining table which was about 10 feet away from Jessie. I introduced myself to Jessie and she
said, “Yes”. I told her that she looked cozy and she said, “Yes”. I asked if she were warm and
she said, “No.” I asked if she were cold and she said, “Yes,” and then, “No.” After obtaining
background from Ms. Novarro at the dining table, I moved to another chair next to the bed.
Jessie always responded, and was comfortable using “yes” and “no” and “okay”, but appeared to
use them when other responses would have been more appropriate, such as “hello” or a more
descriptive word. When I asked her what her favorite television programs were she replied,
“morning” which could have been an appropriate answer but was not typically descriptive. When
I asked her what Holiday was coming up next week she replied, “okay” and later repeated
“Thanksgiving” after I suggested it as the correct answer.
Jessie was able to recall, with some difficulty, her date of birth. She was not able to tell me her
address, but did recall “Blue Island” when I asked what town she lived in. Jessie told me the
wrong unit number of her previous home. She apparently has lived in the mobile home park for
most of her life. She was pleasant to speak with even though she was not conversational and I
noticed a definite communication deficiency.
Jessie was either lying in the bed or seated on the side of the bed during my visit. She was
dressed casually in a sweat suit. She appeared alert healthy, clean and well-groomed. She sat up
in the bed of her own accord. She drank juice and coffee and was able to get her eye glasses.
When I asked her if she could see well with the use of the glasses she said, “Yes”, but Ms.
Novarro told me that, in fact, she noticed that Jessie could see better with her glasses which were
a higher prescription. Ms. Novarro is arranging for an eye test and new glasses.
Jessie made eye contact, smiled and laughed during my visit. She verbalized and answered
questions, but was not conversational. She asked no questions and did not initiate any dialogue.
Jessie answered, “No” when I asked her if she took any pills. In fact, she takes at least eight pills
daily. These include a blood thinner and meds for dementia.
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I was able to speak with Jessie alone when Ms. Novarro offered to excuse herself from the room.
I told Jessie the purpose of my visit and she seemed attentive. I gave and read to her the Notice
of Rights of Respondent and she appeared to listen. It appeared as though she could comprehend
the concept of guardianship and what was being said during my visit. She said, “No” when I
asked her if she had any questions. I asked her if she was pleased with the care she was receiving
from Ms. Novarro and she said, “Yes”. I asked her if she wanted Ms. Novarro to be her guardian
and make personal and medical decisions for her and she said, “Yes”.
Jessie was quiet and still during my visit except as when I asked her a question. Once, she held
the Notice of Rights of Respondent out toward Kathy and shook it, muttering “nya, nya, nya,
nya” as an attempt to have Kathy take the document from her.
As I prepared to leave I said good-bye to Jessie and offered my hand to shake. She had a strong
grip and smiled and laughed when I told her she had a good strong hand shake.
An Amended Exhibit A will be prepared based on my conversation with Ms. Novarro to include
the correct addresses and names of Jessie’s nearest living relatives. Ms. Novarro has prepared a
Notice of Motion for each individual and stated that she has given 14-day notice to all but
Debbie Cocha.
Jessie seems happy, healthy and well-cared for in her current environment. She did not object to
guardianship or to Ms. Novarro becoming her guardian. She seemed capable of understanding
what guardianship is. Jessie had difficulty communicating, but seemed comfortable with Ms.
Novarro and living with her and her son. It was clear to me that Jessie is in need of a guardian.
Moreover, I believe that Jessie’s interests would be best served by the appointment of Kathy
Novarro as guardian of the person of Jessie Anchum.
Peter M. Ashmore
Peter M. Ashmore
Chicago Volunteer Legal Services
Guardian ad litem
33 N. Dearborn Street
Suite 400
Chicago, IL 60602
312.332.3508
Law Firm No. 91139
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Th s e te t o y e t
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
Chicago Volunteer Legal Services was appointed Guardian ad litem for Willa Ollie aged 85
years, by this Honorable Court on November 19, 2010 after Catholic Charities, through Justin
Sunny, filed their Petition for Appointment of Guardian for Disabled Person. That Petition seeks
guardianship of the person, only.
Petitioner also filed a Petition for Temporary Guardian seeking a temporary guardianship of
person only to “secure adequate and safe living arrangements , necessary 24 hour care, services
and medications for Respondent; to investigate and secure Respondent’s income and prevent
further financial exploitation.”
INVESTIGATION
Report of Physician. I reviewed the CCP-211 form based on an examination of the Respondent
by Dr. Mark A Amdur on November 15, 2007 in her current residence at 3773 Sunset Avenue,
Markham, Illinois.
Petitioner, Justin Sunny. I spoke with Mr. Sunny by telephone prior to my visit to Ms. Ollie’s
address. She gave me a summary of the family’s history which is detailed in Exhibit A of the
Petition for Temporary Guardian.
Mr. Sunny has had many concerns since her involvement after Ms. Ollie’s case was referred to
Catholic Charities for alleged financial exploitation by her grandson, Aaron Harvey. At the time
the Case Summary was completed, Ms. Ollie had received a five-day notice for failure to pay
rent. The rent was four months in arrears at her apartment on S. Richmond, Posen, Illinois. Her
grandson moved Ms. Ollie and her daughter, Noni Stanley, there after Ms. Ollie’s home was
sold. The two were moved again by Mr. Harvey to their current residence in Harvey, Illinois.
Mr. Sunny told me that during many of her monthly visits to Ms. Ollie, there was inadequate
food and no running water. She also was concerned that Ms. Ollie was not receiving her
medication, a fact also noted in the CCP-211. Finally, she was concerned by the fact that Ms.
Stanley would not accept help from a homemaker service. Moreover, Ms. Ollie’s household has
been without telephone service and there is a history of frequent cellular phone disconnections.
I spoke to Mr. Sunny briefly a second time by telephone on November 20 while at Ms. Ollie’s
residence. I called her to obtain additional or alternative telephone numbers for Ms. Ollie’s
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daughter, Noni Stanley. The number Mr. Sunny had provided me was not in service when I
called it after no one answered my knocking on the door. As we were speaking Ms. Stanley
answered the door and so we terminated our conversation.
I traveled to Harvey, Illinois to meet with Ms. Ollie on November 20. I arrived at approximately
1:00 p.m. at 3773 Sunset and knocked on the door of the home. Parked in the driveway was a
semi truck (no trailer). Although my knocks on the front door were not immediately answered I
saw movement inside. The home was dark, but it was apparent that there were people at home.
After several minutes of knocking and waiting, the door was opened by Respondent’s daughter,
Noni Stanley. Ms. Stanley questioned who I was before inviting me in. She was polite and
cooperative and showed me to one of the bedrooms where Ms. Ollie sat in a recliner
Ms. Stanley remained in the room while I introduced myself and became acquainted. Ms.
Stanley informed me of her mother’s recent moves after the sale of her home and that her son,
Aaron had found them this home. Ms. Ollie became tearful when Ms. Stanley spoke of the sale
of the home and the fact that Ms. Stanley’s son, Aaron Harvey, had taken the $30,000.00 of
proceeds from the sale. Ms. Stanley also informed me that she and Ms. Ollie were moved to
their current home by Mr. Harvey about one month ago (mid October) and that the home was
owned by Mr. Harvey.
Ms. Ollie’s grandson, Aaron Harvey, came to the home during my conversation and introduced
himself at the door of Ms. Ollie’s bedroom. He told me he wanted speak to me, but he didn’t
have time then. He told me that the statements contained in the Exhibit A Case Summary were
exaggerated. I gave him my business card and he left the house.
Willa Ollie. After speaking with Ms. Stanley initially, I asked Ms. Ollie several simple
questions such as her age, etc. Perhaps out of habit Ms. Stanley answered the questions even
though I directed them to Ms. Ollie. I asked to speak to Ms. Ollie alone and Ms. Stanley
cooperated by leaving the bedroom.
Ms. Ollie was covered by a blanket and seated in a recliner with a tray of food before her. The
food looked untouched and at no time during my visit did she attempt to eat, nor was she fed by
anyone else. Ms. Ollie’s room was not decorated but had a dresser with a small older television
on top of it. Her bed had no linens but a pad for incontinence was placed on the mattress. There
was also a portable toilet chair in the corner as well as a wheel chair. A space heater was located
on the floor. Ms. Stanley had explained that they had no running water which was required for
the home’s radiant heat to operate.
Ms. Ollie knew her birth date but was not oriented to time or place. She could not state the day
of the week or make a guess. She stated the year as 2000. She had some recall, and remembered
the plenary hearing date correctly as December 19. She told me that her medical conditions were
high blood pressure and anxiety and that her sores were much better than they had been. She was
unaware of her medications. She could recall relatives’ names, but was not conversational, only
answering in brief replies and agreeing with Ms. Stanley’s statements.
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I read Ms. Ollie the contents of the Petition in lay terms and informed her of her rights. I read
the entire Notice of Rights of Respondent and left a copy of it for her. She did not object to
guardianship and seemed to recognize that it meant someone else would make decisions for her.
She stated that she wants her daughter to make those decisions and be her guardian.
Ms. Ollie also stated that she did not want to move again and was happy in her current residence.
She was tearful when recalling the fact that her home had been sold, apparently without her
agreement, and that she had been moved so often recently and had none of the proceeds from the
sale. She stated that she did not want to come to court and did not want an attorney to represent
her.
Ms. Ollie is not ambulatory and it was clear from my conversation with her and observations that
she is entirely dependant on others for all activities of daily living.
The rest of the house was sparsely decorated and furnished. The three-bedroom home is
occupied by Ms. Ollie, Ms. Stanley and her estranged husband, Byron Stanley who was in his
bed in his bedroom sleeping or watching television. The home was not dirty and there were no
foul odors present. However there was no running water which has been one of the primary
concerns of Mr. Sunny. Ms. Stanley showed me bags of clothing the family could not launder
the back family room.
Noni Stanley, Respondent’s Daughter. Ms. Stanley was dressed in a robe when she answered
the door and appeared as though she may have just woken. She was friendly and cooperative.
She stated that Aaron Harvey owned the home in which they currently live and that Ms. Ollie is
renting the home for $500.00 per month. She stated that Mr. Harvey pays $700.00 per month,
the difference for the balance of the monthly mortgage.
Ms. Stanley stated that Ms. Ollie’s monthly income was approximately $1,300.00 per month
which was direct deposited into Marquette Bank. She stated that she must get water from a
neighbor across the street for all purposes, including flushing the toilets.
Ms. Stanley showed me Ms. Ollie’s medications when I asked and recalled that she was due for a
pill. She stated that she had some problems keeping a cell phone and just got a new one. Ms.
Stanley stated that, therefore, an appointment with Ms. Ollie’s doctor had not been made, but
that she usually is visited by a doctor once per month.
Aaron Harvey, Grandson of Respondent. I met Mr. Harvey only briefly. He told me that
things had been exaggerated in the Case Summary report by Mr. Sunny and expressed a desire to
set the record straight. I gave him my business card, but have not been contacted by Mr. Harvey.
Lester E. Berger, Jr., Friend of Family. Mr. Berger was present and spoke with me and Ms.
Stanley during my tour of the home. He was cooperative and told me he supports Ms. Stanley
and Ms. Ollie when he can. He is an over-the-road truck driver and was only in town for the
Thanksgiving weekend. He seemed to be quite familiar with the family history regarding the
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sale of the home. He and Ms. Harvey both stated that Aaron Harvey had received approximately
$30,000.00 of Ms. Ollie’s money.
Ms. Ollie seemed to understand the concept of Guardianship. She was cooperative and she
demonstrated some short- and long-term memory recall. She desires and understands that she
needs help and assistance with decision-making and care. Ms. Ollie stated that she did not wish
to attend the court hearing. She also stated that she did not want to move again and was clearly
upset at losing her home and her money and being moved so often. Ms. Ollie had no objection
to the Petition for Guardianship, but did state a preference for her daughter, Noni Stanley as her
guardian.
Ms. Stanley seems to care for her mother and has expressed a desire to be her guardian and
continue to be her care provider. However, she has taken no steps to protect her from financial
exploitation or to improve her living arrangements. She has not acted to seek guardianship
authority for herself. She was only vaguely familiar with Ms. Ollie’s medication requirements.
She seems to be decision-making with her son, Aaron Harvey. Those decisions have resulted in
the mismanagement of Ms. Ollie’s finances and placement of Ms. Ollie in inadequate housing.
Considering the Report of Physician, the Exhibit A Case Summary prepared by Justin Sunny, my
conversations with the parties and observations of the residence, it is my opinion that Willa Ollie
is totally incapable of making personal and financial decisions. As there are potential recovery
proceedings against close family members, and a history of possible exploitation and undue
influence, I recommend that Willa Ollie be adjudicated a disabled person and that a non-family
member or agency be appointed guardian of the person and estate.
Peter M. Ashmore
Peter M. Ashmore
Chicago Volunteer Legal Services
Guardian ad litem
33 N. Dearborn Street
Suite 400
Chicago, IL 60602
312.332.3508
Law Firm No. 91139
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
Chicago Volunteer Legal Services was appointed Guardian ad litem for Otis Eno, aged 85 years,
by this Honorable Court on or about March 11, 2008 after Louise Jefferson, daughter of Mr. Eno,
filed her pro se Petition for Appointment of Guardian for Disabled Person.
Report of Physician. I reviewed the CCP-211 based on an examination of Mr. Eno on February
25, 2008 by Dr. Yisak. The report indicates that Mr. Eno has some dementia with some cognitive
impairment and declined memory. It further states that Mr. Eno is partially incapable of making
personal and financial decisions.
Louise Jefferson, daughter, Petitioner. I first met the parties in court on March 11 because
CVLS did not receive prior notice of this GAL appointment. Mrs. Jefferson appeared concerned
not only about the continuation of the matter, but also that her father did not need a guardian.
She indicated that what the parties were wanting was a power of attorney, but were directed to
file for guardianship by some court house personnel.
Mrs. Jefferson was well-spoken and polite, although somewhat confused about the proceedings.
Her husband and father, the respondent, were also in court on March 11 and I spoke to each of
them. They all shared the same view: that Mr. Eno was not in need of a full guardian and could
still make decisions regarding his person and finances.
Subsequently, I spoke with Mrs. Jefferson, who has always been my contact with the family. In
our first telephone conversation following the March 11 court date I scheduled a date to visit Mr.
Eno at the Jefferson’s residence. I also attempted to explain guardianship procedure and how
guardianship compared to powers of attorney.
Finally, I met with Mrs. Jefferson when I visited at her home on April 30. I met with her, her
husband and Mr. Eno together in their living room for about one and one half hours. Mrs.
Jefferson and her husband both spoke intelligently about her father’s health care and medical
history. The three seemed to enjoy a close and loving relationship. We all discussed the
possibility of limited guardianship and they seemed comfortable with the idea.
Otis Eno, Respondent. I met with Mr. Eno privately on March 11 outside courtroom 1812
before the case was called. Although I had not reviewed a CCP-211 or any other documents, Mr.
Eno was able to carry on a conversation about his case. He stated that he did not want a guardian
and that he could make his own decisions. If at some point he is unable to make his own
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decisions, he wants his daughter to become his guardian. I told him that I would come to see
him at his daughter’s home were he resides and we would continue our discussion. He stated
that he would like to speak with me again, but wants his daughter and son-in-law to be included
in the conversation.
I met Mr. Eno at his daughter’s home on March 31. He and Mr. and Mrs. Jefferson were
friendly and inviting. Mr. Eno has always been neatly groomed and dressed when I have seen
him. I found Mr. Eno to be very well-spoken and simply a pleasure to talk to. He was oriented
in time, place and person. He indicated his interests in sports and watches sporting events on
television often. He also has plans to fish during the warmer months with his son-in-law. Mr.
Eno was able to recall basically his entire history, summarizing his education, two marriages and
children nicely and engaged in some humorous question and answer.
He acknowledged that he doesn’t get around very well, but participates in his health care. He
gave examples of his own, responsible decision-making that included accepting a new hearing
aid for one ear while declining replacement for the other ear. He gave a reasonable explanation
for these decisions.
He and his family related other various minor and major medical care decisions that Mr. Eno was
currently facing, including the treatment of prostate cancer. Mr. Eno indicated an understanding
of the testing and treatment and his medications, but relied on Mr. and Mrs. Jefferson to give me
details about the prescriptions and appointments.
I read Mr. Eno the contents of the Petition in lay terms and informed him of his rights. He was
an active listener and was generally alert and engaged at all times. I left the Notice of Rights of
Respondent with him. Mr. Eno’s behavior, responses and conversation were appropriate at all
times.
Mr. Eno seemed to understand the concept of Guardianship and objected to anyone becoming his
guardian at this point in time. Mr. Eno’s position at this time is that if and when he becomes
unable to care for himself or make his own decisions, he wants his daughter to become his
guardian.
Mr. Eno demonstrated good short- and long-term memory. Although Mr. Eno can ambulate and
can do all activities of daily living, he occasionally seeks assistance, reassurance or confirmation
from his daughter or son-in-law. He is cognizant of his health issues and treatment, but needs
minimal assistance in medicating and making doctor appointments and arranging for
transportation.
I have considered the Report of Physician, my conversations with Mr. and Mrs. Jefferson, and
my conversation with and observations of Otis Eno. Mr. Eno, his daughter and son-in-law were
all cooperative during my investigation.
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It is therefore my opinion that Otis Eno is only partially incapable of making personal and
financial decisions. I have drafted a proposed Agreed Order granting Louise Jefferson Limited
Guardianship of Otis Eno. I emailed this to Mrs. Jefferson and spoke to her about it on the
telephone. I intend to discuss same with Mr. Eno on May 7.
Peter M. Ashmore
Peter M. Ashmore
Chicago Volunteer Legal Services
Guardian ad litem
33 N. Dearborn Street
Suite 400
Chicago, IL 60602
312.332.3508
Law Firm No. 91139
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Th s e te t o y e t
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT PROBATE DIVISION
ESTATE OF:
Chicago Volunteer Legal Services was appointed guardian ad litem on October 7, 2014 after
Dom Johns, daughter of Ruth Johns, filed her pro se Petition for guardianship of Ruth who
celebrated her 81st birthday on July 4, 2014.
Dom Johns was granted leave to withdraw her Petition by this Court’s Order entered on January
16, 2015. On that same date, Nellie Johns was granted leave to file her Cross-Petition through
her counsel, Doug Lasso. That Petition remains pending and seeks to appoint Nellie Johns as the
guardian of the person and estate of Ruth Johns.
Procedural History. The GAL presented a verbal report on November 14, 2014 after meeting
with the parties. The GAL indicated that, although Dom was unrepresented, Ruth owned real
estate which would require guardian of the estate and that no party was, at that time, represented.
The GAL further pointed out the lack of notice to Nellie, and the competing Powers of Attorney.
Additionally, of concern to the GAL and Nellie were the amount of traffic through Ruth’s home,
recent Police activity at the home, Link card PIN changes, and multiple transfers or
encumbrances through the years as evidenced by the Recorder of Deeds printout.
The GAL stated in his report that, although Nellie was willing to attend mediation which Center
for Conflict Resolution was willing to provide, Dom was not. The matter was continued to allow
cross-petitions and the GAL to continue his investigation.
Thereafter, Dom informed the GAL via telephone that she was willing to attend mediation. The
GAL informed the Court and the Court entered an order off call that referred the parties to
mediation and set the matter for status on January 16, 2015. Prior to that status date Nellie called
me and told me that the mediation was unsuccessful. Dom also called me and told me that the
mediation was unsuccessful and that, although she stated that she would allow Nellie to take care
of Ruth and be the guardian, Nellie did not want the responsibility.
On January 16 I met with the parties and Nellie’s counsel in court. Dom informed the GAL that
she was not willing to pursue guardianship any longer and wished to withdraw her Petition. In
fact, the court allowed the withdrawal of Dom’s Petition on January 16, 2015 and also gave leave
to Nellie to file her Cross-Petition. The court also recognized Nellie and Dom’s resignation as
agents under Ruth’s Powers of Attorney and suspended their authority under those Powers.
Finally, the court continued the Cross-Petition to February 9 for hearing after notice.
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INVESTIGATION
Doctor’s Report. I reviewed a facsimile of a CCP-211 completed by Dr. Jerry Villaseñor, Jr.
based on an examination of Ruth on September 20, 2014. The original Petitioner, Dom Johns,
provided me with that CCP-211. Although I have been provided with other medical records
indicating Ruth has been treated by a number of other physicians and nurse practitioners, Dr.
Villaseñor appears not to have examined Ruth before the completion of the CCP-211.
The Report notes Ruth’s diagnosis of severe dementia and it further states that as a result that
condition, Ruth is totally incapable of making personal and financial decisions. This report states
that Ruth should live with her family.
Other Medical Evaluations and Documents. Both Dom Johns and Nellie Johns have provided
me, separately, medical documents, dating back to approximately May 2013. The documents
provided to me include those from Louise Landau Health Center (Mary Brown, APN);
Northwestern Medical Faculty Foundation (Mary O’Hara, LCSW); Neurobehavior and Memory
Clinic (Fred M. Ovsiew, MD); NWMFF Ophthalmology Urgent Care; the University of Illinois
Hospital & Health Sciences System Neuroscience Center (Laura Pedelty, MD, Andre Johns SW)
and Holy Mary Home Health Care, Inc.
In the aggregate, those documents and evaluations indicate, and it is undisputed….These all
indicate that Ruth’s diagnosis is dementia and that she has a history of being confused for several
years and that her confusion has increased over that last two years. Other diagnosis include
glaucoma and hypertension.
Powers of Attorney. Both Dom and Nellie provided me with copies of purported Powers of
Attorney. These documents include Powers dated September 14, 2013 purporting to appoint
Dom as Ruth’s agent for Property and Health care, and Powers dated August 15, 2013 purporting
to appoint Nellie. Both Dom and Nellie have voluntarily resigned as agent under their respective
Powers of Attorney and the Court took notice of the resignations and suspended their powers
pursuant to any Power of Attorney by its Order entered on January 16, 2015.
Miscellaneous documents. Primerica Life Insurance Company. These documents include letters
addressed to Dom Johns indicating a life insurance policy with a face amount of $10,000.00. It
seems from other documents and receipts that Ruth is paying the premiums, but it is not clear
who the owner or beneficiaries of the policy are.
Reverse Mortgage documents including letters from James B. Nutter and Company addressed to
Ruth which indicate a loan balance, of in excess of $200,000.00 as of July 2, 2014, and a closing
date of October 21, 2008.
Print outs from the Cook County Recorder of Deeds for indicate many transfers by and to Dom
Johns and Ruth Johns including quit claim deeds, deeds in trust, mortgages and the like.
Social Security Documents indicate that Nellie has been the representative payee of Ruth’s
benefits since September 23, 2013.
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Dom Johns, Petitioner, Daughter of Respondent. I met Dom at the home of Ruth Johns on
November 6, 2014 after speaking with her a couple of times on the telephone. She was articulate
and cooperative. She stated that she has assisted in the care for Ruth along with other family
members and, by her account, visits Ruth daily in the morning and evenings. She stated that she
organizes Ruth’s pills and medication and cooks for her. Dom stated that her sister’s son and
other relatives also help with supervision and care of Ruth.
Dom appeared to be aware of Ruth’s medical history and her abilities and inabilities, although by
all accounts it is Nellie that usually accompanies Ruth to her doctors appointments. Dom stated
that Nellie also take Ruth to church although not every Sunday.
Dom stated that, although Nellie is the representative payee, she is changing it to herself. Dom
related a somewhat convoluted story about how Nellie was not managing the money well. Dom
stated that she is in the process of buying a home so that Ruth can live with her there.
Dom has provided me with various documents including the reverse mortgage documents, CCP-
211 and Powers of Attorney mentioned above, although the Powers of Attorney were not
provided until a later date and I was unaware of the Powers of Attorney at the time I made my
site visit to the home. She also provided me with telephone numbers for some of the individuals
listed on her Exhibit A.
I spoke with Dom again when I met with the parties at the initial court date. At that point, it was
clear that Nellie would object to Dom’s Petition and would file a Cross-Petition. I suggested
mediation to the two, so that they could attempt to work together to provide care for their
mother. Dom did not want to try mediation at that point and said that she could not keep coming
to court.
During the weeks after the November court date Dom called me and told me that she was willing
to mediate the case. I arranged with Center for Conflict Resolution to follow up with the parties
and presented an Order referring the parties to mediation off the Court’s call. This Order was
entered and the matter was continued to January 16, 2015 for mediation status.
Prior to the mediation status date Dom called me and told me that the mediation was
unsuccessful and that, although she stated that she would allow Nellie to take care of Ruth and be
the guardian, Nellie did not want the responsibility.
On January 16, I met with the parties and Nellie’s counsel prior to the Court call. At that time,
Dom told me that she was no longer interested in seeking guardianship and that she wanted to
withdraw her Petition. She stated that she would resign as agent under any Powers of Attorney
for Ruth.
Ruth Johns, Respondent. I met Ruth at her home on November 6, 2014. I arrived early in the
morning. The neighborhood consisted of mainly single family homes and multi-flat dwellings.
The porch had been demolished and was being replaced by workers.
Ruth’s bedroom on the main floor. Home and its furnishings were in fair condition. The
housekeeping was fair. Ruth, Dom and I sat in the living room. I introduced myself to Ruth and
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she seemed engaged and eye contact was easy to maintain. She was pleasant to speak with even
though she was not conversational and I notice a definite communication deficiency.
Ruth was able to recall, with some difficulty, her date of birth. Fourth of July. She was not able
to tell me her address or her city. Ruth told me she picked cotton “a long time ago” and Dom
supplied information about her home state, Arkansas. She was not able to tell me the date or the
month or that Thanksgiving was the next holiday. She thought guardianship was a “good idea”
and that she was receiving good care from her family.
Ruth was seated in a chair the entire time and seemed comfortable doing so. She was dressed
casually in a t-shirt and pants. She appeared alert and healthy. Ruth was quiet and still during
my visit except as when I asked her a question.
Ruth made eye contact, smiled and laughed during my visit. She verbalized and answered
questions, but was not conversational. She asked no questions and did not initiate any dialogue.
She was not able to tell me what any of her diagnosis were and was not aware of her
medications. She stated that she watched television every day.
I gave and read to Ruth the Notice of Rights of Respondent and she appeared to listen. It
appeared as though she could comprehend the concept of guardianship and what was being said
during my visit. She said, “No” when I asked her if she had any questions. Ruth indicated that
she wanted to come to court.
Nellie met with me in my office and brought documents including medical records, bank
statements, a print out of real estate transfers and the Power of Attorney mentioned above
purporting to appoint her as Ruth’s agent. The documents she presented showed that Nellie was
the representative payee of Ruth’s Social Security and named on Ruth’s bank account. They
showed that Nellie paid utilities and reimbursed others for expenditures made on Ruth’s behalf.
It appears that Nellie is the family member that has followed up with a Medicaid re-
determination, doctors visits and follow ups with social workers. It seems that, historically,
Nellie has been responsible for paying bills, and is the social security representative payee,
although those payments may have been interrupted due to Dom applying or attempting to get
payments switched to her.
Nellie seemed knowledgeable about Ruth’s needs and care. Her demeanor was always calm. She
was articulate, and seemed concerned about Ruth and her care in her current placement in Ruth’s
home.
I spoke with Nellie again when I met with the parties at the initial court date. At that point, it was
clear that Nellie would object to Dom’s Petition and would file a Cross-Petition. I suggested
mediation to the two, so that they could attempt to work together to provide care for their
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mother. Although Dom did not want to try mediation at that point and said that she could not
keep coming to court, Nellie was willing to mediate the case and thought that it was a good idea.
During the weeks after the November court date Dom called me and told me that she was willing
to mediate the case. I arranged with Center for Conflict Resolution to follow up with the parties
and presented an Order referring the parties to mediation off the Court’s call. This Order was
entered and the matter was continued to January 16, 2015 for mediation status.
Prior to the mediation status date Nellie called me and told me that the mediation was
unsuccessful. Dom also called me and told me that the mediation was unsuccessful and that,
although she stated that she would allow Nellie to take care of Ruth and be the guardian, Nellie
did not want the responsibility.
On January 16, I met with the parties and Nellie’s counsel prior to the Court call. At that time,
Dom told me that she was no longer interested in seeking guardianship and that she wanted to
withdraw her Petition. She stated that she would resign as agent under any Powers of Attorney
for Ruth. Nellie’s counsel was prepared to file a Cross-Petition instanter, which was allowed by
the court. That Cross-Petition is the only pending pleading as of the writing of this Report.
Ruth did not object to guardianship seems happy in her current living situation. However, I have
concerns about the traffic and care in her current environment. She is offered no activities or
structured programming outside the home. It was clear to me that Ruth is in need of a guardian.
Considering my observations of Ruth, my review of the CCP-211 and other medical documents
and my conversations with the parties, I believe that Ruth Johns is without the requisite capacity
to make her own personal decisions, and that the appointment of a guardian of the person and
estate for Ruth is appropriate.
Nellie Johns’s Cross-Petition is currently the only pending pleading. Nellie seeks guardianship of
the person and estate of Ruth and is represented by counsel. Nellie has acted as representative
payee and has managed bill payment and health care for Ruth. Moreover, I believe that Ruth’s
interests would be best served by the appointment of Nellie Johns as guardian of the person of
Ruth Johns.
Peter M. Ashmore
Chicago Volunteer Legal Services Peter M. Ashmore
Guardian ad litem
33 N. Dearborn Street
Suite 400
Chicago, IL 60602
312.332.3508
Law Firm No. 91139
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Th s e te t o y e t
176
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
Chicago Volunteer Legal Services was appointed guardian ad litem on October 7, 2014 after
Dom Johns, daughter of Ruth Johns, filed her pro se Petition for guardianship of Ruth who
celebrated her 81st birthday on July 4, 2014.
Dom Johns was granted leave to withdraw her Petition by this Court’s Order entered on January
16, 2015. On that same date, Nellie Johns was granted leave to file her Cross-Petition through
her counsel, Doug Lasso. That Petition remains pending and seeks to appoint Nellie Johns as the
guardian of the person and estate of Ruth Johns.
Recent Procedural History. On February 6, 2015, the matter was heard for status and on the
Petition for Temporary Guardianship filed by Nellie Johns, another daughter of Respondent. The
GAL presented a written Report and the Court entered an Order appointing Nellie Johns as the
Temporary Guardian of the Person and Estate of Ruth Johns. The matter was continued to March
12 for the presentation of an original CCP-211 and anticipated appointment of a plenary
guardian.
INVESTIGATION
Ira Blandis, Adult Protective Services Case Worker, Sinai Community Institute. On or
about February 18, 2015 Mr. Blandis called me regarding his investigation of abuse and neglect
allegations pertaining to Ruth. He stated that she visited the parties and Ruth and conducted a
site visit at Ruth’s house during which he witnessed an unnatural amount of traffic through the
home as well as what appeared to be illicit activity that may have been related to drug
trafficking.
Mr. Blandis stated that he received bank statements from Nellie evidencing receipts and
payments of Ruth’s Social Security income. He stated that these documents and Nellie’s
statements indicated that Nellie used Ruth’s income for her own personal wants and needs. Ms.
Blandis also noted that there had been some arguments between family members regarding
Ruth’s Link card.
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Ms. Bhadmus told me that she was aware of the February 6 Order appointing Nellie as the
Temporary Guardian of the Person and Estate of Ruth and that she was concerned that the Court
had granted Nellie the authority to apply for and receive public benefits on behalf of Ruth. She
stated that, although she was comfortable that Nellie be appointed the guardian of the person, she
thought that a non-family member or organization should be appointed as the guardian of the
estate. She stated that Ruth’s house is not an appropriate environment in its current state or with
its current inhabitants.
Documents from Sinai Community Institute, Adult Protective Services, Illinois Department
on Aging. Ira Blandis forwarded me documents pertaining to his interviews and investigation
regarding allegations of abuse and neglect of Ruth. These documents spanned the time period
from October 21, 2014 to November 19, 2014. The documents indicate that the allegations of
financial exploitation by Nellie Johns have been substantiated by the case worker. Also
substantiated were allegations of passive abuse and neglect by Dom Johns and Xavier Johns, a
grandson of Ruth living in the house.
Ruth Johns, Respondent. I met Ruth for the second time at Nellie Johns’s apartment on
February 20, 2015. I arrived at approximately 10:00 a.m.. The apartment is part of a senior
housing complex made up of low-rise walk-up apartment buildings. The apartment is accessed
by descending a flight of stairs from the front door, but the unit is on street level. Ruth and Nellie
gain access by the back door which abuts their parking. A third entrance to a front porch is
accessed through the living room.
The apartment is a single-floor two bedroom unit. Ruth’s bedroom contained some of her
clothing and was adequately furnished and sparsely decorated. Ruth had only been living with
Nellie a couple of weeks at the time of my visit.
The housekeeping was excellent and the furnishings throughout the unit were very comfortable.
Ruth, was dressed nicely in a denim skirt suit, leg warmers and slippers and appeared much
better kept compared to the time I met with her in November at her home. Her hair had been
done. She wore spectacles. It appeared that Ruth took pride in her appearance and told me that
she did her hair and dressed herself.
We sat in the living room, and I introduced myself to Ruth. She seemed engaged and eye contact
was easy to maintain, but it was unclear whether she remembered me. She was pleasant to speak
with even though she was not conversational and I notice a definite communication deficiency.
She did say that she enjoyed staying with Nellie and that she “felt good”. When I asked her about
Nellie becoming her guardian she stated “it’s okay.”
Nellie Johns, Cross-Petitioner, Daughter of Respondent. I met Nellie when I visited her and
Ruth at Nellie’s apartment on February 20, 2015. She was cooperative and accessible in
arranging this visit.
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Nellie told me that she had contacted Bethel New Life in order to set up adult day care and
structured programming for Ruth. She stated that she had contacted Home Premier who would
be providing homemaker services throughout the week. She had contact names and telephone
numbers and appeared well-versed in Ruth’s needs and was able to relate to me in an organized
manner and without prompting the measures that Nellie had taken to ensure services were in
place for Ruth.
Nellie related information about Ruth’s visits with other family members and that it had been
difficult to arrange for visits due to apparent acrimony and lack of communication. Nellie also
related that damage had been caused to Ruth’s home since my visit in November due to further
police activity. She stated that some of this damage had not been fixed, including a broken back
door.
Loofa Johns, daughter of Respondent. Loofa called me to express her concern that visitation
with Ruth had been difficult or that her attempts to visit had been frustrated by Nellie. I
explained that Nellie was the Temporary Guardian and, therefore, had authority to make
decisions regarding Ruth’s socialization. I told Loofa that she could address any visitation
concerns with Nellie’s attorney or the Court and that she is welcomed at the March 12 court date.
Chris Port, RN, Holy Mary Home Health. While I visited Ruth and Nellie Chris came for
Ruth’s reassessment. Christ explained that she would assess her physical wellbeing, look into her
mood and any signs of depression as well as her drugs and dosages. During the evaluation Ruth
demonstrated good health but poor memory.
I stayed for some of the evaluation and gave Chris my contact information. I told her that if she
had any concerns that she can contact me.
Ruth did not object to guardianship or the appointment of Nellie as her guardian. She seems
happy in her current living situation with Nellie. The current environment provided by Nellie is
superior to that in which Ruth was living at her home. Ruth appears cleaner and healthier in her
current placement with Nellie. Nellie is making progress in accessing community resources and
structured programming outside the home and is successfully managing health care for Ruth as
Temporary Guardian. It remains clear to me that Ruth is in need of a guardian.
Nellie Johns’s Cross-Petition is currently the only pending pleading. Nellie seeks guardianship of
the person and estate of Ruth and is represented by counsel. I believe that Ruth’s interests would
be best served by the appointment of Nellie Johns as guardian of the person of Ruth Johns.
I have considered my conversations with Ira Blandis, APS Case Worker, documents shared with
me by Mr. Blandis, and my conversations with the parties regarding the allegations of financial
exploitation substantiated by the APS. I also remain concerned about loans and encumbrances
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appearing on title to Ruth’s house, as well as Ruth’s purported execution of Life Insurance
documents, Powers of Attorney and other document during a time period in which she may have
been seriously demented. In short, I am generally suspicious of family members’ motives in
having these documents executed and possible financial exploitation of Ruth. However, I given
the explanations of certain expenditures by Nellie and the circumstances surrounding other minor
expenditures, I believe that Nellie Johns is appropriate person to be appointed as the Plenary
Guardian of the Estate of Ruth Johns.
The Court may wish to consider requiring Nellie Johns account for the receipts and expenditures
of Ruth’s Social Security income for a period after her appointment as Guardian of the Estate.
Peter M. Ashmore
Peter M. Ashmore
Chicago Volunteer Legal Services
Guardian ad litem
33 N. Dearborn Street
Suite 400
Chicago, IL 60602
312.332.3508
Law Firm No. 91139
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
Chicago Volunteer Legal Services was appointed Guardian ad litem for Nolan Ryan aged 58
years, by this Honorable Court on August 14, 2008 after the Respondent’s niece, Anita L. Baker
filed her Petition for Appointment of Guardian for Disabled Person. That Petition seeks
guardianship of the person only. Anita Baker filed her Petition pro se.
Report of Physician. I have spoken to Petitioner regarding the CCP-211 and the need to have
another completed by a medical doctor. However, I reviewed the CCP-211 form provided me by
Anita Baker which was based on an examination of the Respondent by Kristy Molina, Physician
Assistant - Certified on August 27, 2008. That report indicates that Mr. Ryan has severe anoxic
encephalopathy (brain damage due to lack of oxygen), thus he is unable to function
independently. It states that he is non-communicative and unable to follow commands, and is
totally incapable of making personal and financial decisions. The report states that the patient
should continue to stay at Kindred Hospital until weaned from the ventilator.
Documents from Kindred Hospital. The History and Physical states that Mr. Ryan has a
history of hypertension, diabetes and alcohol abuse. He was found in his home unresponsive and
was admitted to Holy Cross. After transfer to Rush, he was admitted to Kindred on August 15,
2008 for ventilator management and weaning.
Following respiratory failure, Mr. Ryan remains ventilator dependent. The weaning process has
not been consistent. Mr. Ryan has a feeding tube. Mr. Ryan receives nutrition supplements
through his feeding tube and pain medication as needed. He is also prescribed insulin for his
diabetes and antibiotics to treat pneumonia. He has received blood transfusions because of
anemia. His hypertension and seizures are being managed by medication.
The Kindred Hospital records document disagreements among family members regarding Mr.
Ryan’s care, specifically blood transfusions to treat anemia. Kindred’s Progress Notes and
Services Notes indicate that Mr. Ryan’s stepson, Tommy Sisters, who is listed as an emergency
contact, and the Petitioner, Anita Baker, both refused to consent to a blood transfusion on August
16. On August 18 a note indicates that Ms. Meyers spoke with Petitioner and discussed medical
status and treatment plan. Ms. Meyers asked Anita about her decision to refuse blood
transfusion, and she stated the reason as their beliefs as Jehovah Witnesses. Ms. Meyers also
asked Anita if Mr. Ryan was a Jehovah’s Witness and she stated that he was not but his mother
was. Ms. Meyers also asked Anita if Mr. Ryan had ever expressed that he did not want blood
and she stated no. Ms. Meyers told Anita that she respects her and her family’s beliefs but
expressed that her concern was that Mr. Ryan receive treatment according to what he would want
and his beliefs. August 19 notes indicate that Joy informed Kindred that Tommy was not a
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biological child of Mr. Ryan and that Mr. Ryan was a Baptist. Since that time, Kindred has been
relying on Joy pursuant to the Health Care Surrogate Act for consent to all medical procedures
until a guardian is appointed.
Nolan Ryan, Respondent. I saw Mr. Ryan at Kindred Hospital on September 9, 2008 at
approximately 1:45 p.m. The Nursing Case Manager, Michelle Meyers met me on the unit and
provided me with copies of documentation as described above and an oral history. She then took
me to Mr. Ryan’s room which was occupied by him and another patient.
Mr. Ryan was lying in his bed in a gown with his eyes open when we arrived. Mr. Ryan has an
IV, ventilator, catheter, and feeding tube administered. He was positioned so that he was lying
on his back but facing slightly to his left. I called his name as I approached from that side. He
did not respond. His eyes were moving but he did not make eye contact at any time, even when I
asked him to look at me. Mr. Ryan made no movements that seemed voluntary while I was in
his presence. I introduced myself and informed him that “Anita, his niece”, filed a Petition
asking to become his guardian. I asked him if he wanted “Anita or Joy, his daughter” to help
him make decisions. He was not aroused by mentioning the names of his daughter and niece nor
did he respond in any way to my voice. After several attempts by both Ms. Meyers and me to
elicit a response from Mr. Ryan, it was apparent that he was incapable of communicating in any
way.
Kindred Hospital personnel: Michelle Meyers, Nursing Case Manager. Ms. Meyers met me
on September 9 on Mr. Ryan’s unit. She provided me documents and gave me an oral history of
Mr. Ryan’s diagnosis and treatment and her interactions with Mr. Ryan’s family members.
Specifically, she mentioned the disagreements among family members regarding Mr. Ryan’s
blood transfusion due to Anita Baker’s religious beliefs versus those of Mr. Ryan. She stated
that Anita was a Jehovah’s Witness, but that Joy and Mr. Ryan were Baptist. She stated that Joy
was acting as the agent under the Health Care Surrogate Act. She indicated that Anita and Joy
were not agreeing to treatment and having disagreements, but that it seemed like things were
better recently. She stated that she has never had any trouble contacting Joy regarding her
father’s care. I left a message for Ms. Meyers with follow up questions on September 15, but
have not heard from her since.
Anita Baker, Petitioner, niece. I spoke with Anita Baker several times on the telephone.
During our first conversation she told me that Mr. Ryan’s daughter, Joy, would object to the
guardianship. She did not have and address for Joy nor did she give me a telephone number at
that time. She did not indicate the reason for Joy objecting to her Petition.
Ms. Baker indicated that Mr. Ryan has two brothers who also appear on the Exhibit A, and
another sister and brother who are deceased. I asked her about the blood transfusion issue and
she told me that she and other family members were Jehovah’s Witnesses. She said that Mr.
Ryan’s mother was a Witness and that Mr. Ryan lived with her for many years. I asked whether
Mr. Ryan was a Witness and she said he was not. She stated that he believed many things about
the religion, but he just never practiced it.
Ms. Baker gained access to Mr. Ryan’s apartment shortly after his admission to the hospital and
secured it against some potential unwanted guests by changing the locks. She related a story
about disagreements that arose between Joy and other family members about Joy receiving new
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keys to the apartment. I am under the impression that Joy has control over Mr. Ryan’s apartment
and its contents. It seems, however, that there are no assets of significant commercial value.
Ms. Baker said that other family members would confirm that Mr. Ryan wanted her to make
decisions for him if he were unable to do so. She stated that Mr. Ryan would often ask her for
assistance and offered as examples of these instances his application for Social Security and
attempts to obtain unemployment compensation.
It seemed from my discussion with Ms. Baker that there have been several disagreements
between her and Joy and between Joy and other family members regarding Mr. Ryan, his
personal property, health care, and control of his medical information and decision-making.
Joy Ryan, daughter. I spoke with Joy Ryan by telephone on one occasion. I introduced myself
and told her my duties. I asked her if she was aware of the court date. She told me that she
knew the court date and would be present. I asked her if she was represented by an attorney and
she told me she was. I asked the name of her attorney and told her that I would need to talk to
that attorney before continuing on with the conversation. I then called Rob Wineman and
introduced myself and my role. He confirmed that he was scheduled to meet with Joy on
Monday September 15, but that he had not been retained. I told him that I was calling as a
courtesy and he had no objection to me calling Joy to obtain history and background. Joy and I
have been leaving voice mails for each other since.
Mr. Ryan was unable to respond to me or staff when I visited him. In fact, it is likely that he was
unaware that I was present in his room. He was, therefore, neither able to object to the Petition,
nor able to state a preference for either his daughter or niece as his guardian.
Peter M. Ashmore
Peter M. Ashmore
Chicago Volunteer Legal Services
Guardian ad litem
33 N. Dearborn Street
Suite 400
Chicago, IL 60602
312.332.3508
Law Firm No. 91139
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Th s e te t o y e t
184
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – PROBATE DIVISION
ESTATE OF:
A disabled adult.
Chicago Volunteer Legal Services was appointed guardian ad litem on or about July 28, 2003
after the Court received correspondence from Dan. Sherry asking that her parents, Mr. and Mrs.
Sherry, be discharged as his guardians. That correspondence is attached hereto as Exhibit A.
INVESTIGATION
Dan Sherry. I spoke with Mr. Sherry on the telephone and in my office. He presented himself
in my office at the agreed upon time, was appropriately dressed and appeared clean and well
groomed. He stated that he drove to my office and related during my interview several stories of
driving, including the 500-600 mile drive to relatives in Kentucky. He apparently makes this trip
intermittently during the year and stays to help his grandmother.
Dan stated that he and his son Joshua live with his parents, Rockford and Roberta Sherry. He
said that they each have their own bedroom and that his brother Rodney lives there in an upstairs
bedroom. He admits to being somewhat of a night owl, and although he used to do some
cooking and gardening, he has not taken part in many duties around the house recently.
Dan’s speech was hurried and constant and rambling. He told me that he felt he was not in need
of a guardianship. He stated that he made himself look bad because he went along with
everything (the guardianship and the application by his mother as representative payee of his
Social Security benefits). He said sometimes he talks like he has psychological problems and
people take him seriously. However, he maintains that he does not suffer from depression, he is
only saddened because his mother has a hatred toward him and is controlling him.
At the same time, Dan states that he has a sad heart and that he has had feelings of sadness since
he was a small boy. He stated that he took medication at one time, but it made him feel
depressed. Dan also said that he had received counseling and therapy on many occasions but he
knows that he is not in need of that now. Instead, he speaks to Our Heavenly Father. He also
stated that, although Joshua has been diagnosed with ADD, he is not in need of any counseling at
this time.
Dan stated that the main reason he is upset at the guardianship’s restrictions is that his mother,
Mrs. Sherry, is now the defacto mother of Joshua, his 17-year-old son. He said he suffers a great
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deal of embarrassment over the fact that his son goes to Mrs. Sherry for permission for various
things. Dan states that he feels more like a teenager instead of a teenager’s father.
Dan also stated that he feels in the dark about how his money is being spent. He admitted that
Mrs. Sherry gives her two to three hundred dollars per month to spend, but isn’t sure where all
the rest goes. She did know that she paid rent to the Sherrys, that her mother paid her car
insurance, and that her 1994 Grand Am had recently been repaired.
Although she is angry with her mother for exercising her authority as guardian, she stated that
she does appreciate her taking care of the household.
Finally, I asked her what she would do if she had no guardians appointed. She stated that she
would stay in her parents house for a while and look in to buying a trailer or house that would
accommodate her and her son.
Dan called me on September 17 and reiterated her position that she is not disabled and that she
does not want to go “backwards” to counseling and to doctors and to address things that were
already addressed, she wants to move “forward”. She knows her mother was angry at her for
fasting, but she is not doing that now and when she did fast, it was because of spiritual reasons,
not because of a psychological problem. She also stated that it was very difficult to live in a
household where everyone wants her to do things the way they want it to be done.
Dan said that she did go to a doctor to get blood work done and that she is certain that it will
show normal results. She said that she would call Dr. Castillo and get a referral to a doctor that
could do a psychological evaluation. I told her that was a good idea and that I would recommend
such an evaluation in court. I told her that I would fax a CCP-211 form to Dr. Castillo so that
she could have that form to take to her evaluation.
She appeared to be concerned about having representation and I told her that she should appear
in court and that she can ask that an attorney be appointed for her.
Rockford and Roberta Sherry. I interviewed Ms. Sherry’ parents and guardians, Rockford and
Roberta Sherry, in my office, and have spoken with Mrs. Sherry several times on the telephone.
Mrs. Sherry and I spoke on the telephone before the two came to my office. I understood from
our telephone conversation that she still believes Dan needs a guardian, although she is
improving in the eating department.
Dan’s parents are concerned about her getting help. They related stories about Dan leaving in
her car and driving around for hours, about Dan believing that someone dropped of a package
full of one million dollars, and about her having hallucinations while driving. On one occasion
Dan left her car door open in a parking lot so that the other people she imagined would leave her
car. On another occasion, she got out of the car at an intersection and demanded the people in
her car get out. Dan has also received at least one ticket in Kentucky for weaving. Her license
was suspended for a time when she failed to appear at her court date.
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Dan’s parents are particularly concerned about her son, Joshua. They state that Joshua was
failing school before they became responsible for making decisions for him. Since then, Joshua
has gone to summer school, made up his failing grades and is doing much better.
Mr. and Mrs. Sherry understand that this Court is not dealing with issues concerning forced
psychotropic medication and the like. They understand and agree that Dan is able to do many
things without the need of a guardian. Mr. and Mrs. Sherry are not interested in complete control
of Dan, but only want to ensure that Joshua is properly cared for and receive the appropriate
guidance in his final years of high school. They would like for Dan to begin treatment and agree
to medication that her physician’s have recommended in the past. They also seemed amenable to
a limited guardianship.
Although, at the writing of this report, Dan has not procured an additional report from her
psychiatrist, it is evident to me that a plenary guardianship is a bit too restrictive and places
unnecessary responsibility with the guardians. It appears, and the guardians agree, that Dan is
capable of conducting many activities of daily living without assistance. I have concerns about
her ability to handle her finances and make appropriate provisions for her minor child. However,
I recommend Dan submit herself to an evaluation by an appropriate psychiatrist that would
further assess her abilities. She indicated to me on September 17 that she would ask Dr. Castillo
for a referral.
I did speak with Dan regarding a limited restoration and what that would mean, but she objected
to anything but a full restoration. Depending on the results of her evaluation, some sort of
limited may be recommended. Until that evaluation is procured, I will note and recommend the
following:
I am concerned about Dan continuing to drive. It appears that the Secretary of State has not been
notified of the adjudication of disability and that her driver’s license was never revoked. The
Secretary of State should be notified of the guardianship and Dan should take the appropriate
tests and provide the appropriate evaluations to have her driver’s license reinstated. A limited
restoration could be tailored to allow driving privileges, if appropriate.
Likewise, depending on the evaluation and/or driving test, a limited guardianship could be
structured to provide the guardians access to medical information and records, and allow them to
make provisions for Dan’s child, but still allow Dan many privileges and the ability to do many
things on her own.
The guardians are currently the payees for Social Security benefits of Dan and her son. It
appears to me that this arrangement should continue unless an evaluation suggests otherwise.
However, I would recommend that Dan be given an appropriate amount to use for her own
benefit. It appears that a similar arrangement already exists and could be continued after a
limited restoration.
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Respectfully submitted September 18, 2003
Peter M. Ashmore
Peter M. Ashmore
Chicago Volunteer Legal Services
Guardian ad litem
100 N. LaSalle Street
Suite 900
Chicago, IL 60602
312.332.1688
Law Firm No. 91139
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A EN I E S C
CVLS L I
L SOS
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Th s e te t o y e t
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Writer’s Direct Line
312-332-3508
I am contacting you because Chicago Volunteer Legal Services (CVLS) has been appointed
Guardian ad litem (GAL) in your guardianship case for Leon Lowe Jr. I have enclosed a copy of
the Order entered by Judge Ann Collins-Dole appointing CVLS as GAL.
As the Order states, CVLS must talk to you and Leon Lowe Jr. and investigate your request for
guardianship. We will present a written report to the court about what we believe is in the best
interests of Leon Lowe Jr. There are no fees associated with our appointment as GAL.
We will need a copy of the Doctor’s Report (Court Form CCP-211) and other documents so we
can complete this report for the Court. Please fax this form that the doctor has completed if you
have one. Our fax number is 312-332-1460.
Please contact me at the number above as soon as possible. If we cannot complete our
investigation of the case by the 01/22/2015 court date we may need to ask the judge to continue
your case to a later date.
Thank you in advance for your cooperation and assistance with this case.
Yours truly,
Peter M. Ashmore
Managing Attorney
PMA:hs
Enclosure
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Writer’s Direct Line
312.332.1688
Secretary of State
Attn: Medicals
2701 S. Dirksen Pkwy.
Springfield, Illinois 62723
Our office was recently appointed guardian ad litem by the Cook County Probate
Division, Judge Coghlan in the above case. I am writing to inform your office that
Sherry Lock of 980 East Austin, Chicago, Illinois 60664, was adjudicated a disabled
person on September 5, 2002. I enclose a copy of the order of adjudication as well as
the Letters of Office appointing her parents as the guardian of her person and estate.
The Court recently learned that, despite her adjudicated disability, Ms. Lock continues
to drive. Therefore, I am requesting that your office take whatever steps are necessary
to revoke her license pursuant to 625 ILCS 5/6-103.
Thank you for your attention in this matter and please call me at the number above if I
can be of any assistance.
Yours truly,
Peter M. Ashmore
Managing Attorney
PMA:hs
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A EN I C M T A
C
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Th s e te t o y e t
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Chart Forms
Nursing Home Social Services
◻ Admission Sheet
◻ Emergency Room / Paramedic Record
◻ History and Physical (H&P)
◻ Doctor’s Orders
◻ Residential Assessment Protocol (RAP) or Minimum Data Set (MDS) Sheets
◻ Nursing Care Plan / Treatment Plan
◻ Current Medication Sheet (sometimes included in Doctor’s Orders
◻ Social Services Assessment Notes
◻ Progress Notes
Schools
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Medical Terms and Procedures
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Acronyms
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BBB Bundle branch block
BCAA Branched chain amino acids
BE Barium enema
BEE Basal energy expenditure
BID Twice a day
BKA Below knee amputation
BM Bone marrow; Bowel movement
BMR Basal metabolic rate
BOM Bilateral otitis media
BP Blood pressure
BPH Benign prostatic hypertrophy
BRBPR Bright red blood per rectum
BRP Bathroom privileges
BS Bowel or breath sounds
BUN Blood urea nitrogen
BW Body weight
BX Biopsy
GC Gonorrhea
GETT General by endotracheal tube
GFR Glomerular filtration rate
GI Gastrointestinal
Gr Grain; 1 grain = 65 mg. Therefore, Vgr -325 mg
GSW Gunshot wound
Gt; gtt Glucose tolerance test
GU Genitourinary
GXT Graded exercise tolerance (Stress test)
L Left
LAD Left axis deviation; Left anterior descending
LAE Left atrial enlargement
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LAHB Left anterior hemiblock
LAP Left atrial pressure; Leukocyte alkaline phosphatase
LBBB Left bundle branch block
LDH Lactate dehydrogenase
LE Lupus erythematosus
LIH Left inguinal hernia
LLL Left lower lobe
LMP Last menstrual period
LNMP Last normal menstrual period
LOC Loss of consciousness; Level of consciousness
LP Lumbar puncture
LPN Licensed practical nurse
LUQ Left upper quadrant
LV Left ventricle
LVEDP Left ventricular end diastolic pressure
LVH Left ventricular hypertrophy
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NG Nasogastric
NIDDM Non-insulin dependent diabetes mellitus
NKA No known allergies
NKDA No known drug allergies
NMR Nuclear magnetic resonance
NPO Nothing by mouth
NRM No regular medications
NSAID Non-steroidal anti-inflammatory drugs
NT Nasotracheal
OB Obstetrics
OCG Oral cholecystogram
OD Overdose; Right eye
OM Otitis media
OOB Out of bed
OOBBRP Out of bed bathroom privileges
OPV Oral polio vaccine
OR Operating room
OS Left eye
OU Both eyes
P Para
PA Posteroanterior
PAC Premature atriaI contraction
PA02 Alveolar oxygen
Pa02 Peripheral arterial oxygen content
PAP Pulmonary artery pressure
PAT Paroxysmal atrial tachycardia-
P&PD Percussion and postural drainage
PC After eating
PCWP Pulmonary capillary wedge pressure
PDA Patent ductus arteriosus
PDR Physicians’ desk reference
PE Pulmonary embolus; Physical exam; Pleural effusion
PEEP Positive end expiratory pressure
PERRLA pupils equal and reactive to light and accommodation
PFT Pulmonary function tests
Pg Pictogram
PI Pulmonic insufficiency disease
PKU Phenylketonuria
PMH Previous medical history
PMI Point of maximal impulse
PMN Polymorphonuclear leukocyte (neutrophil)
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PND Paroxysmal nocturnal dyspnea
PO By mouth
PPD Purified Protein derivative
PR By rectum
PRBC Packed red blood cells
PRN As needed
PS Pulmonic stenosis
PT Prothrombin time; Physical therapy
Pt Patient
PTCA Percutaneous transluminal coronary angioplasty
PTH Parathyroid hormone
PTHC Percutaneous transhepatic cholangiogram
PTTI Partial thromboplastin time
PUD Peptic ulcer disease
PVC Premature ventricular contraction
PVD Peripheral vascular disease
R Right
RA Rheumatoid arthritis; Right atrium
RAD Right atrial axis deviation
RAE Right atrial enlargement
RAP Right atrial pressure
RBBB Right bundle branch block
RBC Red blood cell
RBP Retinol-binding protein
RDA Recommended daily allowance
RDW Red cell distribution width
RIA Radioimmunoassay
RIH Right inguinal hernia
RLL Right lower lobe
RLQ Right lower quadrant
RML Right middle lobe
RNA Ribonucleic acid
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R/O Rule out
ROM Range of motion
ROS Review of systems
RPG Retrograde pyelogram
RRR Rear rate and rhythm
RT Respiratory; Radiation therapy
RTA Renal tubular acidosis
RTC Return to clinic
RU Resin uptake
RUG Retrograde urethogram
RUL Right upper lobe
RUQ Right upper quadrant
RVH Right ventricular hyperthrophy
Rx Treatment
S Without / ss = one-half
SA Sinoatrial
SAA Synthetic amino acid
S&E Sugar and acetone
SBE Subacute bacterial endocarditis
SBFT Small bowel follow through
SBS Short bowel syndrome
SCr Seru1n creatinine
SEM Systolic ejection murmur
SG Swan-Ganz
SGA Small for gestational age
SGGT Serum gamma-glutamyl transpeptidase
SGOT Serum glutamic-oxaloacetic transaminase
SGPT Serum glutamic-pyruvic transaminase
SIADH Syndrome of inappropriate antidiuretic hormone
sig Write on label
SIHV Synchronous intermittent mandatory ventilation
sl sublingual
SLE Systemic lupus erythematous
SMO Slips made out
SOAP Subjective, Objective, Assessment Plan
SOB Shortness of breath
S/P Status post (e.g. status post operation, stroke, etc.)
STAT Immediately
SVD Spontaneous vaginal delivery
Sx Symptoms
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T&C Type and cross
TAH Total abdominal hysterectomy
T&H Type and hold
TB Tuberculosis
TBG Total binding globulin
Td Tetanus-diphtheria toxoid
TIA Transient ischemic attach
TIBC Total iron binding capacity
tid Three times a day
TIG Tetanus immune globulin
TKO To keep open
TLC Total lung capacity
TMJ Temporomandibular joint
TNTC Too numerous to count
TO Telephone order
TOPV Trivalent oral polio vaccine
TPR Temperature, pulse and respiration
TPN Total parenteral nutrition
TSH Thyroid stimulating hormone
TT Thrombin time
TTP Thrombotic thrombocytopenic purpura
TU Tuberculin units
TUR Transurethral resection
TURBT TUR bladder tumors
TURP Transurethral resection of prostate
TV Total volume
TVH Total vaginal hysterectomy
Tx Treatment; Transplant
UA Urinalysis
IAC Uric acid; Umbilical artery catheter
UAO Upper airway obstruction
UBD Universal blood donor
UC Ulcerative colitis: Umbilical cord
ud As directed
UFH Unfractionated heparin
UGI Upper gastrointestinal
URI Upper respiratory infection
URQ Upper right quadrant
US Ultrasound
UTI Urinary tract infection
UUN Urinary urea nitrogen
UVA Ultraviolet A light
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VAD Venous access device
VC Vital capacity
VCT Venous clotting time
VCUG Voiding cysourethrogram
VDRL Venereal disease research laboratory (test for syphilis)
VMA Vanillylmandelic acid
VO Verbal; voice order
V/Q Ventilation – perfusion
VRE Vancomycin-resistant enterococcus
VSS Vital signs stable
VT Ventricular tachycardia
VV Varicose veins
VW Vessel wall
VWD Von Willebrand’s disease
VAV Varicella zoster virus
WB Whole blood
WBC White blood cell; White blood count
WBR Whole body radiation
WD Well developed
WF White female
WIA Wounded in action
WID Widow; Widower
WM White male
WN Well nourished.
WNL Within normal limits
WO Written order; Weeks old; Wide open
WOP Without pain.
W.P. Whirlpool
WPW Wolff-Parkinson-White
W-T-D Wet to dry
W/U Workup
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YF Yellow fever
YLC Youngest living child
yo Years old
YOB Year of birth
yr year
ytd Year to date
ZDV Zidovudine
ZE Zollinger-Ellison
Z-ESR Zeta erythrocyte sedimentation rate
Zn Zinc
ZnO Zinc oxide
ZSB Zero stools since birth
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A EN I G CVLS L S T
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Th s e te t o y e t
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1
To login to CVLS’s case management system Legal Server (LS) open your internet browser and navigate
to https://cvls.legalserver.org.
You will be prompted to change your password. Enter and Confirm Password and then click
Continue.
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2
Click on Home to go to your home page. (Don’t worry about the Permission Denied tab).
On your home page you will see a variety of important items and options. We’ll walk through 3 of them
in this tutorial.
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3
Click Edit Contact Information on the right hand side of the screen.
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4
Your newly entered Contact Information will appear on the screen. Check your info again, and then click
Home at the very top of the page.
B. Current Assignments. Under this tab you can see any current and open cases you have with CVLS.
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5
2
1
1. The ^ tab will always
return you to the basic
case info.
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6
It is possible to e-mail a LS record. You might want to forward an e-mail you receive from a client, or
attach an e-mail you send. You can do that with any legal server record simply by addressing the e-mail
to [the legal server case number] @cvls.legalserver.org.
To attach an e-mail to the legal server record for this test case, I addressed the e-mail to 11-
0125408@cvls.legalserver.org. That number can be found at the top of the basic case info page.
LS Case #
The e-mail will appear like the one in the box above. The image attached is my e-mail signature.
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7
Click on Learn More About This Case to see basic contact information for Client and Adverse Parties.
Real names and addresses will be present this is just a test case.
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8
Once you have performed a conflict check. Click Confirmation. And more information will be revealed.
If you’re interested in the case, click on the drop down menu and select Interested.
Enter any notes or comments you want to e-mail to the attorney in charge of placing the case and click
continue. You’re interest will be e-mailed and the attorney or staff member in charge of placing the case
will be in touch with you soon.
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Because equal access to
justice is everyone’s fight