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Report of Devon Bank Guardianships 2003-2010 Nineteen Cases of Legalized Abuse, Neglect and Financial Exploitation of the Elderly and Disabled in Cook County To Federal Deposit Insurance Corporation Federal Trade Commission Congressman Mike Quigley Senator Richard Durbin Senator Mark Kirk Governor Patrick Quinn US Attorney Patrick Fitzgerald Attorney General Lisa Madigan States Attorney Anita Alvarez Mayor-Elect Rahm Emanuel and Senator Herb Kohl - WI (Special Committee on Aging) March 2011

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Report of Devon Bank's Guardianships. 2003-2010. Nineteen Cases of Legalized Abuse, Neglect and Financial Exploitation of the Elderly and Disabled in Cook County. Janna Dutton of Dutton & Casey Elder Law, Josh Mitzen of Advocacy Services, Richard Block of Devon Bank. Chicago, IL

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  • Report of

    Devon Bank Guardianships

    2003-2010

    Nineteen Cases of Legalized Abuse, Neglect and

    Financial Exploitation of the Elderly and Disabled in Cook County

    To

    Federal Deposit Insurance CorporationFederal Trade CommissionCongressman Mike Quigley

    Senator Richard DurbinSenator Mark Kirk

    Governor Patrick QuinnUS Attorney Patrick FitzgeraldAttorney General Lisa MadiganStates Attorney Anita AlvarezMayor-Elect Rahm Emanuel

    andSenator Herb Kohl - WI

    (Special Committee on Aging)

    March 2011

  • Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 2

    My name is Tami Goldmann. I have become an elder abuse advocate because someone very dear to my heart is being abusedand financially exploited by the Trust Department at Devon Bank and their employees. I got involved with them because I was acaregiver for a gentleman who had an estate worth one million dollars, h is he irs overseas. Cash , stocks and a four-unitapartment building . He w as escorted by me and Elder Protec tive Services (Catho lic Charities) to Janna Duttons o ffice to w ritehis will. Dutton set him up with a trust account at Devon Bank and they hired people to drug my Senior, slander me, abuse usboth in order to gain control of his entire estate and person.

    Because of what happened to me and Mr. Joseph Ludwig Ziarnik, I researched all Devon Banks guardianships starting in theyear 2003 because there was a sharp increase in their clients adjudicated incompetent. I have discovered almost 50% end upwith Devon Bank as Guardian of the Estate and a complete stranger as Guardian of the Person. Thirty-eight court cases,eighteen with private paid guardians and all of them had loved ones or family m embers to care for them . I also only looked intotheir court cases that ended up with paid guardians so I dont know if the other n ineteen cases were court ba ttles with fam ilymembers winning custody.

    Of Devon Banks nineteen clients that were adjudicated disabled, eight had Elder Protective Services (Catholic Charities orMetropolitan) forcing them into temporary custody. When the Devon Bank gets custody of the money, its impossible for thefamily/loved ones to get the ward back when theyre notified of the guardianship because they don t have the resources to hirean attorney. Also, the attorney for the Guardian of the Estate (or Devon Bank) is the same attorney for the private paid Guardianof the Person. No one is there to represent the loved ones or their family members. If the ward gets an attorney, its not one thatunderstands guardianship and they lose their freedom because their attorneys' are unqualified to handle their cases.

    In all the cases that I have, only one family member won custody. The rest lost or didnt bother fighting because theyre upagainst the most impossible odds. People think, All I have to do is tell the judge or attorneys that Im family and this will beover when its jus t the beginning of a long drawn out custody battle with fam ily members being slandered and emotionallyabused. Then, after losing custody, the family members and loved ones are banned from seeing the ward, can only see themunder the supervision of a caregiver or in my case, simply dont have the heart. You cant watch someone you love get abused,financially exploited or listen to them beg for your help. So, you do the next best thing by publishing it on the Internet in the hopeyou help someone else. (You can google Devon Bank Scam to find me.) It truly is the most insidious form of emotional abuse Ihave ever experienced in my entire life.

    Elder Protective Services is an agency designed to protect the elderly and instead its being used to financially exploit and abusethem. This is probably the most difficult part for those of us who were involved with this agency. The very organization thatproclaims to protect Senior Citizens is perpetuating the most heinous crime against them. I dont know how one organization canbe given so much power to destroy an elderly persons life or why that agency is authorized to call paid guardians instead oftheir clients family mem bers? Not only that, in all of the cases that Ive read, not one of those elder abuse investigatorsexplained to their client that once placed under guardianship they would lose all rights except the right to vote. Surely, if theywere aware of that, theyd call all their loved ones and the best attorney in town?

    Not all banks handle guardianships either and Devon Bank has a two star rating that is doing very poorly financially. Shortly afterbecoming an Estate Guardian, they liquidate every aspect of their clients estate (coin collections, jewelry, stocks, investmentportfolios, property, cars, etc.) only to invest that money into bank stocks which yield little or very low interest. (1-4%) Liquidatingassets, prized possessions or family heirlooms are not in the best interests of the ir clients or fam ilies.

    Some of these clients also had their money placed into an OBRA (Omnibus Budget Reconciliation Act of 1993) or Special NeedsTrust. Their money is placed into trust and they go on public aid and in Medicaid run nursing homes. I think this is a good planfor physically or mentally disabled young adults that need lifetime care. The premise of the trust is to pay for their special needs(which are not covered by Medicaid) like education, entertainment, personal care items and certain medical procedures. Afterthe person passes away, the remainder o f their trust goes to pay back the state (or public aid).

    The OBRA is being abused when it comes to setting one up for the elderly. Their homes are being liquidated (at below marketvalue), placed into trust and theyre thrown into public aid housing only to have their OBRA wasted on administrative fees orattorney, guard ian and trustee fees (especially when they have loved ones or family to care for them a t very reasonable prices). The premise for the trust? So the attorneys and guardians get paid for the lifetime of their client. If that. In a few short years,

  • Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 3

    their fees deplete the entire OBRA Special Needs Trust and their clients really do qualify for Public Aid.

    If the elderly have the money (through social security and pension) to be kept off public aid then an OBRA shouldnt even beconsidered. Its a lso unreasonable to set one up for someone who is wealthy (and financially planned for their re tirem ent) or intheir eighties. Not to mention, why no t set up an OBRA and let the elderly live in their own homes? After they pass away, theirproperty can be given to Public A id so they can se ll it (at fa ir market value) to be reim bursed for the wards expenses. Th is wouldprevent attorneys and guardians setting one up only to financially exploit their client. So, in regard to an OBRA there should bean age cap, a financia l cap and if capable the elderly should be allowed to live in their own homes, put on Medicaid with theirproperties going to the state after they die in order to have their expenses reimbursed. Ive not only solved the whole problembut Im sparing the taxpayers of Illinois billions o f dollars in Medicaid fraud. Last ly, Devon Bank doesn t have to be involved at a llwhen there is an OBRA. Theyre an unnecessary financial burden to the client. In regard to the clients who were forced into guardianship by an elder abuse investigator, Elder Protective Services should hirelegal council and pay their legal expenses to give them back to family members or loved ones. They set them up for a lifetime offinancial exploitation and abuse, they should be responsible for getting their clients out of it. In regard to all nineteen clients,Elder Protective Services, Devon Bank, the attorney's involved and pa id guardians of the person should also pay restitution tothe c lients and their fam ily members fo r emotional distress, abuse, loss o f freedom and violation of their civil liberties.

    Im providing you with a description of the nineteen people that are being financially exploited. I have adopted them all andconsider them fam ily. Ive gotten to know them intimately through court records and can tell you all about them by name. Imtaking the side of the ward and their loved ones because they have no voice. They were trapped into guardianship by ElderProtective Services, an attorney tip or simply being in Rehab at a nursing home. I took all this information from the notes ofattorneys, Guardian ad Litems and Guardian of the Person and have the necessary documentation to prove each case. Thequestion Im trying to answer:

    How did Devon Bank get involved and take over the lives of these nineteen people?

    At the end of 2009, I published my story online. As you can see (page 4), the last five clients that were adjudicated disabledwere awarded to loved ones instead of private paid guardians of the person. With the help of the Internet, it seems I havematters under control (although Devon Bank is still winning full custody over their money) . I would appreciate your assis tance ingetting this c rime to stop. What if something happens to me? K idnapping the wealthy o ff the c ity stree ts and forc ing them intoprivate guardianship is quite a moneym aker. (See pages 5 through 8 .)

    These poor souls in my report are becoming wards of the court, are being adjudicated disabledthen having their lives designed so the predators associated with Devon Bank can profit. They areliving lives that they never wanted to live or imagine for themselves, being stripped of all rightsand ability to make choices. Sadly, most dont live very long but long enough for theseopportunists to loot their entire estate. Its the PERFECT CRIME because youre all going tosay that you cant get involved because theyre in litigation or they need to hire an attorney. Theirmoney is a little tied up and they have no access to it but if given the opportunity, Im sure theywould. Why not ask the ones who are still living?

    Im requesting a full investigation into the Trust Department at Devon Bank, Josh Mitzen of Advocacy Services, ThomasKleinhenz of Rehab Assist, Shay Jacobson of LifeCare Innovations, Pamela Chwala of Nursing Resources, Janna Dutton ofDutton & Casey Elder Law, Paul Franciszkowicz of J. Peter Latz, Amy McCarty of Monahan & Cohen, Home Instead CaregivingAgency in Chicago (on Marine Drive), Elder Abuse investigators; Helen Grimaldi, Tamara Halloway-Lee, Jennifer Smith, SandyPelka, Brandy Kukurba and Laurie Sherry.

    I would like to thank you in advance for your tim e and consideration in th is matter.

  • Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 4

    Devon Banks 38 Guardianship Cases since 200319 Paid Private Guardians of Person

    Date Victim Case # Guardian of the Person Attorney for Guardians07/03/0309/16/0312/22/0304/23/0406/01/0407/16/0407/19/0411/05/0412/03/0401/06/0505/18/0505/19/0506/10/0507/07/0508/12/0502/14/0606/12/0605/04/0707/23/0702/15/0802/15/0803/19/0806/06/0806/17/0807/23/0812/05/0801/27/0902/05/0902/05/0906/18/0907/21/0901/05/1002/10/1002/25/1003/24/1004/06/1006/15/1008/31/10

    Planekowsky, Beatrice FHill, Theodore CFountain, Patricia Montgomery, MildredLevitzke, NormaWilson, May LDuke, M argaret LGlickman, LucilleWechselberger, Frances GFischetti, KarenMichaelson, Samual JSpurber, RudophFlynn, Thomas MOBrian, Ann MHansen, GildaKloda, Virg iniaJohnson, AlexanderGreenbaum, MarvinWiegele, BobbetteMiller, Bernice JMiller, George BPena, Martin VWaldron, BridgettGale, ShirleeLawrence, Joan MZiarnik, Joseph LudwigLehner, HeinzBrogan, John CGundersen, RoySnyder, BettyTyler, CharlineRozner, Leokadia ZWeathers Sr., EddieHenry, Donald BGipson, RomarrWest, EpaSimms, Lazopoulom arySandt, Vega

    03P500003P712203P980204P318004P415904P536404P537404P818204P883905P011405P353705P355205P404905P476405P576806P109906P427607P317907P504708P106308P106408P185908P377908P402908P483808P818009P054209P079909P129109P389109P460810P004510P082810P116610P181610P209110P360410P5178

    Josh Mitzen - Advocacy SvsJosh Mitzen - Advocacy SvsJosh Mitzen - Advocacy SvsFamilyJosh Mitzen - Advocacy SvsFamily FamilyJosh Mitzen - Advocacy SvsFamilyFamilyFamilyFamilyJosh Mitzen - Advocacy SvsFamilyJosh Mitzen - Advocacy SvsFamilyFamilyJosh Mitzen - Advocacy SvsFamilyFamilyFamilyLifeCare Guardianship, IncFamilyJosh Mitzen - Advocacy SvsLifeCare Guardianship, IncJosh Mitzen - Advocacy SvsRehab Assist, IncRehab Assist, IncJosh Mitzen - Advocacy SvsRehab Assist, IncPublic Guardian OfficeMidwest Care Management SvsDied while in custody battleFamilyFamilyFamilyFamilyFamily

    Janna DuttonPatricia HandlinPaul Franciszkowicz

    Michael Erde

    Amy McCarty

    Amy McCarty

    Janna Dutton

    Janna Dutton

    Darryl Rosenzw eig

    Paul FranciszkowiczAmy McCarty/Nealis/Etc.Janna DuttonPaul FranciszkowiczRosenzwieg/EpsteinMichael ErdePaul FranciszkowiczJames MeyerGarafalo/Fox

  • Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 5

    Guardianship Fees - Estate & Person

    Victim Total paid byVictim

    DevonBank

    JoshMitzen

    RehabAssist

    LifeCare Ben Topp ElderCare

    Planekowsky $205,821.80 $20,492.10 $19,754.40

    Hill $121,748.29 $9,491.89 $8,070.85

    Fountain $36,537.72 $13,003.62 $12,510.00

    Levitzke $38,937.05 $2,227.50 $3,930.00

    Glickman $784,296.47 $60,026.97 $65,881.83

    Flynn $120,419.09 $21,954.35 $43,630.99

    Hansen $66,654.20 $7,476.71 $4,455.00

    Greenbaum $83,222.16 $20,034.61 $16,331.15

    Pena ?

    Gale $63,536.23 $15,036.40 $15,662.63

    Lawrence $127,173.91 $1,250.00 $39,807.88

    Ziarnik ?

    Lehner $159,473.46 $21,337.21 $15,059.22

    Brogan $243,899.00 $5,932.95 $34,252.51

    Gundersen $64,766.86 $37,782.86 $12,230.98

    Snyder $59,463.11 $16,879.92 $9,018.00

    Tyler $125,723.63 $15,537.24 $15,568.90

    Rozner $1,777.49

    Weathers

    Totals $2,301,672.68 $268,531.33 $202,457.13 $43,270.51 $39,807.88 $16,836.71 $15,568.90

    Pena - Medical Malpractice Lawsuit pending. Has LifeCare as Guardian of Person.Ziarnik - Living Trust - Expenses do not have to be approved by the Judge so nothing is filed in court. His payments to JoshMitzen are probably sim ilar to the others or $1000.00 a m onth and $100 an hour for h is "professional services." C lose to$30,000.00 to date.Lehner - Has Rehab Assist but Ben Topp worked for that agency until he opened a new business five minutes from Devon Banklast summ er. For my report, the fees are fo r Ben Topp s ince he was Guard ian of the Person "at that time..Rozner - Devon Bank didnt file account yet (fees taken from court petitions)Weathers - will is being probated

  • Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 6

    Guardianship Fees - Attorney

    Victim PaulFranciszkowicz

    Janna Dutton

    Amy McCarty Jacobs &Rosenzwieg

    Michael Erde Ruben Garcia

    Planekowsky $25,094.66

    Hill

    Fountain $11,024.10

    Levitzke $24,504.55

    Glickman $18,860.15

    Flynn $27,795.35

    Hansen $18,288.80

    Greenbaum $6,064.00 $30,356.40

    Pena $4,747.50

    Gale $7,108.00

    Lawrence $26,677.00 $2,600.00 $18,625.12

    Ziarnik $11,900.00

    Lehner $21,331.00

    Brogan $38,366.04

    Gundersen $13,358.00

    Snyder $17,376.00

    Tyler

    Rozner $9,220.00

    Weathers

    Totals $90,983.25 $85,639.86 $54,472.35 $40,966.04 $37,862.55 $23,372.62

    The attorney s making less than 20K aren t mentioned.

    Ziarnik's fees are incorrect because he has a Living Trust set up and his expenses are not approved by a Judge. $11,900.00 is on the Cook County database although, I be lieve the fees Dutton charged h im are closer to Greenbaum .

  • Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 7

    Guardianship Fees - Caregiving Agencies

    Victim Home InsteadCaregiving

    Agency

    ChicagolandCaregivers

    Elder BridgeCaregivers

    ER HomeCare MidLife HomeHealth

    Planekowsky $138,872.54

    Hill $88,790.80

    Levitzke $7,828.00

    Glickman $634,718.22

    Gale $366.70

    Hansen $11,772.04

    Lehner $78,674.48

    Brogan $69,250.00

    Snyder $8,000.00

    Tyler $20,200.00 $75,259.09

    Ziarnik $500/day

    Totals $674,884.96 $227,663.34 $153.933.57 $69,250.00 $8,000.00

    Devon Bank a lso h ired Home Instead for Z iarn ik at $500 a day. He's had that agency for two and a half years, paying roughly$450,000.00 to date.

  • Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 8

    Deposited Into Devon Bank

    Victim Deposit Inherited by Family/Charity

    Beatrice F Planekowsky $393,337.83 $76,870.66

    Theodore C Hill $69,825.00 Reverse Mortgage

    Patricia Fountain $243,086.43 $44,314.51

    Norma Levitzke $358,772.65 $292,524.50

    Lucille Glickman $1,122,724.30 0

    Thomas Flynn $110,000.00

    Gilda Hansen $1,780,864.38 Will is in probate for 5 years

    Marvin Greenbaum $147,968.28 $18,366.22

    Martin Pena 0 0

    Shirlee Gale $882,703.48

    Joan M Lawrence $27,836.74 0

    Joseph Ludwig Ziarn ik 1,000,000.00 0

    Heinz Lehner 1,750,376.24

    John C Brogan $497,109.45

    Roy Gundersen $3,549,507.38 Will probated

    Betty Snyder $1,052,764.21

    Charline Tyler $1,039,800.37

    Leokadia Z Rozner $75,536.53

    Eddie Weathers Sr

    Totals $14,157,213.27

    Lawrence - Amount including real estate sale $128,408.22. After attorney and guardian fees, balance deposited into OBRA.

    Ziarnik - He deposited a little more than $525,000.00, his property valued at the same but its inflated. The property assessorcame and I was showing him the damage. He wouldnt take it into consideration nor would he photograph it. (My father is aproperty assessor and I have been on more than a hundred job sites with him. Although, I shouldnt be paid for my knowledge, Iam knowledgeable and Devon Bank overvalued his property).

    Weathers - I could never get his file. He passed away during the custody battle.

    Levitzke and Gundersen - had Michae l Erde as the attorney for the guardians, the heirs will inherit.

    *** I cant figure out where the rest of the money is going?

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 9

    Beatrice F Planekowsky 2003 P5000Parties Involved Fees Case DetailsJanna Dutton - Attorney for Guardians (Attorney for Rozine Badger, sister)

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of Person

    Sandra L Theil Guardian Ad Litem

    Chicagoland Caregivers

    Lived at home

    Judge Riley

    Total fees for 17 months ofguard ianship

    $25,094.66

    $20,492.10

    $19,754.40

    $1,067.50

    $138,872.54

    $205,821.20

    Ms. Planekowsky was an 80-year-old woman with no children. Mr. NicholasAddante became her Attorney-in-Fact in 1996. He is like a son to her and residesin Arizona but visited and called often. She also appointed him for protection fromher sister (Rozine). Her sister tried to withdraw a large sum of money from herbank account and Beatrice was alerted to the transaction beforehand. Also, Ms.Badger and her children took advantage of another sibling financially. The value ofher estate was $393,337.83.

    January 7 th 2004 - Josh M itzen w as appo inted tempora ry Guard ian of her Estateand Plenary Guardian of the Person. Its an Elder Protective Services investigation(even though the files are removed) because Mitzen says in his notes, he wascalled in to investigate her f inances. He also used to work for that agency. Hewent through Beatrices f inances and made allegations against Mr. Addante inregard to his relationship with her. It would serve no purpose for me to repeatthem in my report other than to say that its my personal experience all loved onesare considered gold diggers (and criminals) which is why Im providing their fees.

    Janna Dutton petitioned the court for Devon Bank to be Guardian of the Estate,Mitzen of the Person.

    June 22nd 2004 - In a letter written by Mr. Addante to Judge Riley, he explains thatDutton requested that he fly into Chicago three times for depositions. He pleadswith the judge that he could not afford a fourth trip to answer the same questions. Judge Riley ordered the deposition to be made over the phone. Dutton did not filethe three p revious ones with the court. He also explains theyre trying to get him toaccount for Beatrice's finances when he wasnt in control over them nor can haveaccess to prove his innocence.

    After being awarded custody of Beatrice, Josh M itzen ordered the caregivers toanswer the phone so she would have no further contact w ith Mr. Addante . Someone she considered to be her son and trusted enough to put her life in to h ishands.

    Most of this wom ans files are m issing, including the Guardian ad Litems reportwhich represent her wishes. She left her estate to Mr. Addante and thosedocum ents would prove it. Needless to say , he didnt inherit. M itzen didnt submitany notes in regard to this woman except the last two months of her life.

    April 29th 2006 - she was in Resurrection Nursing Home. Weak, couldnt swallowor walk. Mitzen bought her a brand-new pair of shoes with velcro strips and thenext day called her sister to talk about Beatrices death.

    May 8 th 2006 - Mitzen made funeral arrangements and told the staff not to forcefood on her, let her die peacefully.

    May 24 th 2006 - Ms. Beatrice Planekowsky died at 4 A.M. surrounded by strangers.

    $76,870.66 was inherited by her family.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 10

    Theodore C Hill 2003 P7122Parties Involved Fees Case DetailsPatricia Handlin Attorney for Metropolitan Family Services and Guardians

    Sandra Flanagan Hill Daughter

    Roderick W imberly Attorney for daughter

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of Person

    Ray Koenig Guardian ad Litem

    Chicagoland Caregivers

    Tamara Holloway-Lee Elder Abuse Investigator

    Dr. Will Gee Physician

    Lived at home

    Judge Harrison

    Judge Coghlan Mitzen as Temp Guardian

    Total fees for 20 months ofguard ianship

    $10,101.75

    $9,491.89

    $8,070.85

    $5,293.00

    $88,790.80

    $121,748.29

    This is an investigation by Metropolitan Family Services (a division of ElderProtective Services). Holloway-Lee called Josh Mitzen in on the investigation (heused to work fo r Metropolitan), he in turn, called in Devon Bank.

    Theodore is 85 years old, his estate valued at $69,825.00 (which does not include his property, valued at $96,000.00). Allegedly his daughter (Sandra) was keepingher father in a locked ward (at Alden Lincoln Park Nursing Home) but theres adoctor report suggest ing that she do th is since he su ffers from dementia(Alzheimers), bouts of paranoia, hearing and seeing people who arent there andgiving his money away. Dementia patients have a tendency to wander off. (Th is isverified by Devon Banks budget submitted to the court which reads requirestwenty-four hour supervision.) They also had him revoke his Power of Attorney(away from his daughter) when he lacked the mental capacity to do so.

    November 2003 - Mitzen was appointed Temporary Guardian, it was anemergency petition to the court. He moved Theodore back home and ordered 24hour caregivers. (He was given $14,500 for an escrow account which should belooked in to because I cant account for it all.)

    February 7 th 2004 - Devon Bank was appointed plenary Guardian of the Estate,Mitzen of the Person. Dr. Gee stated Theodore suffers from dementia and is nolonger capable of making decis ions. Also in court tha t day was M r. Hejazi and hisgranddaughter who Theodore requested be guardian. Mr. Hejazi cared for h imand charged $50 a week (eight hours a day) and was h is grandson, I believe . Instead, Devon Bank took out a reverse mortgage on his property to pay for thefees on the left.

    February 27 th 2004 - Theodore went to the hospital for wound care. Dr. Roperordered a feeding tube. He also refused Mitzens request for hospice evaluationinsisting his patient can live a long time. Mitzen said his client was declaredincompetent and its his right to act for him. He told Dr. Roper not to do anyprocedures without directly consulting him and had no authority ordering a centralline. Luckily for Theodore, he had Dr. Ropers dedication.

    May of 2004 - Mitzen called attorney (Handlin) stating that Theodore no longerwanted his daughter named as beneficiary of his Land Trust but in a documentpresented to the court and by Mitzens own account, Theodore is no longercompetent enough to make this decision. Handlin consulted with Dr. Marshke asto whether or not this is legal and it was never mentioned again. I checked recordsonline and Theodore s property was transferred from Devon Bank to ButterfieldInvestments LLC after h is dea th.

    July 10 th 2005 - I found Mr. Hills death notice in his file. There are no otherrecords o f him or his life just everyone submitting their b ills. Theodores propertygoing into forec losure.

    Reverse m ortgage of $55,000.00 to pay their fees. I dont believe the fam ilyinherited anything.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 11

    Patricia Fountain 2003 P9802Parties Involved Fees Case DetailsPaul Franciszkowicz Attorney for Guardians (Monahan & Cohen)

    Roger Simon Patricia Fountains attorney. Power of Attorney over Health. Mae Grimm s Attorney

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Eduard Glavinskas Guardian ad Litem

    Dr. Sarpolis Physician

    Wagner Nursing Home

    Judge Harrison

    Total fees for 25 months ofguardianship - excludingnursing home costs (Im notsure what happened to a llher money?)

    $11,024.10

    $13,003.62

    $12,510.00

    $90,304.84

    $36,537.72

    Patric ia is 84 years old, she left her estate to her very good fr iend, Mae Grimmwhich was held in Trust at JPMorgan Chase (or Bank One at the time). Im notsure how Devon Bank got involved in this womans life?

    December 24th 2003 - Guardian ad Litem reports that Patricia suffers fromAlzheimers dementia. The court petition is for Elissia Simm ons to be PlenaryGuardian of the Person, Bank One to be Plenary Guardian of the Estate. It statesthat Elissia Simmons is an agent for Josh Mitzen but shes been an employee ofthe law firm Monahan & Cohen since 1995.

    January 23rd 2004 - Franciszkowicz calls Mr. Simon (who was Patricias attorney)and asks him to step down as her agent over healthcare, he does. Mr. Simon alsoprovided a list of relatives in Canada but theyre not filed with the court and statesthat he misplaced the first page of her Power of Attorney.

    February 17 th 2004 - An amended petition was filed naming Devon Bank and JoshMitzen P lenary Guard ians of Estate and Person.

    Once again, the only reco rds submitted to court are the last few m onths of th iswomans life a lthough, they d id move her near her fr iend (M ae Grimm , I be lieve) inWagner Nursing Home (Mather Pavilion).

    December 28th 2005 - Dr. Sarpolis cant figure out whether shes depressed ordying. He gives her antidepressants. A few days later, he admits her into hospice.

    January 12th 2006 - Mitzen approves an appetite stimulant and later updatesPatricias cousin in Canada in regard to her condition.

    January 23rd 2006 - After trying to contact Mitzen without success, the doctorordered an IV of antibiotics. When Mitzen found out, he said that he is guardianand they must respect his wishes. His c lient is dying and he ordered them toremove her IV.

    January 25th 2006 - Mitzen told Dr. Sarpolis if hes not comfortable with signing thepapers to let Patricia die, he will find a doctor who would. The doctor, having nochoice, signed the orders. They withheld food and water.

    February 2nd 2006 - Hospice se ts up a 24-hour vigil so she doesnt die alone.

    February 5 th 2006 - Patricia Fountain passed away.

    February 17 th 2004 - The value of her estate was $243,086.43. July 25 th 2006,$44,314.51 was transferred to JPMorgan Chase on behalf of Mae Grimmbeneficiary of her estate.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 12

    Norma Levitzke 2004 P4159Parties Involved Fees Case DetailsMichael Erde Attorney for Guardians

    Valerie Abel Niece - resigned as guardian

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Home Instead Caregiving Agency

    Dr. Meyer Physician

    Susan Kennedy Guardian ad Litem

    Regency Healthcare Center (Kenwood)

    Judge Kawamo to

    Illinois Dept. Of Heath and Family Services (OBRApayback)

    * Fees are inaccurate dueto an OBRA trust set up.

    Fees for 20 months ofguard ianship

    $24,504.55

    $1,500.00

    $2,227.50

    $3,930.00

    $5,776.00

    $999.00

    $32,548.03

    $38,937.05

    This is a clien t of M ichael Erde which m eans her case is very thorough. I found allthe docum ents in her file. Norm as loved ones were not only contacted but theirwishes taken into considerat ion. Mr. Erde also requested Devon Bank keep a timesheet for paym ent o f fees.

    March 15th 2004 - Norma moved into Regency Healthcare after being adm itted toSt. Josephs hospital for agitation and confusion. Her niece (Valerie) petitioned thecourt for guardianship in May of that year. She was her Power of Attorney.

    December 16th 2004 - Her niece resigned. Josh Mitzen and Devon Bank appointedsuccessor G uard ian of Estate and Person. Erde set up an (OBRA) IL DisabilitySpecial Needs Trust with Joinder Agreement.

    May 9 th 2005 - Expanded Mitzens powers as Guard ian g iving h im the righ ts tooversee her OBRA trust. Devon Bank was no longer necessary. They resigned.

    June 26th 2005 - Erde petitioned the court for Hospice ca re. He had Mitzen consu ltwith family members before doing so.

    January 9 th 2006 - Norma was having se izures o r TIAs. Mitzen con tacts her familyand keeps them updated to her condition. He treated Norm a kindly. He actuallyrequests that the caregivers try to give her nourishment, gave her oxygen, evenoffered pain medication. He also visited Norma before she died and shes one oftwo clients that he did this to. I feel this is because Michae l Erde was her attorney. The other client (G undersen) that M itzen vis ited in the hosp ital was a lso Erde sclient.

    February 23rd 2006 - Norma Levitzke died of pneumonia and Mitzen contacted herfamily.

    Normas assets as of October o f 2004 were $358,772.65. Her he irs inherited (intotal) $292,524.50 in February of 2007.

    Even though she was well-taken care of, we dont know how they gotinvolved? Devon Bank has twelve facilit ies in Senior Residences and Normawas in one (Kenwood) before she was hospitalized and placed into RegencyHealthcare . A fu ll investigation of the branches that Devon Bank has inassisted living facilities is necessary. In the Guardian ad Litem report datedJuly 15th 2004, Kennedy states that she was brought into the case becausethey want her niece to resign. And she did. Norma picked her niece alsoand why her wishes werent taken into consideration, I dont know?

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 13

    Lucille Glickman 2004 P8182Parties Involved Fees Case DetailsPaul Franciszkowicz Attorney for Guardians

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Donald Schultz Guardian ad Litem

    Home Instead Caregiving Agency

    Helen Grimaldi Elder Abuse Investigator

    Dr. Stephen Fox Physician

    Self Help Home

    Judge HarrisonJudge Stuart

    Total fees for 65 months ofguardianship (2/28/10) notincluding nursing home.Tota l for 3 and ha lf yearsof caregivers (which is abreach of fiduciary dutiesby the trustees at DevonBank)

    $18,860.15

    $60,026.97

    $65,881.13

    $4,810.00

    $634,718.22

    $184,222.22

    $784,296.47

    $634,718.22

    In 2004, Lucille wrote an employee at MB Financial a check (where she did herbanking), it was a gift and the bank called Elder Protective Services to protecther. Social worker, Helen Grimaldi called Josh Mitzen who called in Devon Bank.

    Novem ber 9 th 2004 - Josh Mitzen and D evon Bank were appointed TemporaryGuardian. Her estate valued at $1,122,724.30.

    December 13th 2004 - Schultz (GAL) reports that Lucille doesnt want to changebanks nor does she want the services of Mitzen. She told her attorney that hethreatened her. He described the detailed authority of a personal guardian andthe high cost of contesting the matter. Schultz explains to the judge that shedoesnt want them as guard ians but she got them anyway. Lucille a lso has tomove and she told him shed do it without Mitzens help. She tried only to have herlease canceled by Franciszkowicz and moved into Self Help Home assisted living.

    January 5 th 2005 - Devon Bank and Mitzen were appointed Plenary Guardians ofEstate and Person.

    January 21st 2005 - I find a handwritten letter from Lucille to Ms. Dorothy Brown,Clerk of the Circuit Court. Explaining to her that she does not want the services ofJosh M itzen or Devon Bank. Judge Harrison holds a hearing. Schultz (GAL) tellsthe court to ignore her letter. She changed her mind.

    February 2006 - Lucille calls her friend Willie Richardson in her desperate attemptto get out from underneath these people. Mitzen takes out an Order of Protectionagainst him and I will c ite the allegations. Mitzen said that he was financiallyexploiting her and I find no judgement against him in court (and please take note ofMitzens fees). If this woman gave Mr. Richardson money, Id find a lien. I did findbeautiful le tters writ ten by Lucille to W illie thanking him for m aking her a part of h isfamily, inviting her for the holidays, being a part of her life when she had no one,etc. Go ld diggers dont see the elderly as people nor do they take them to theirhomes or introduce them to their families. They call them names like ward andclient. Lucille is banned from seeing the only person shes known as family soothers can pro fit.

    2010 - When I check her financials, she will be on Public Aid. Of her 1.1 milliondollar estate, 800K will have been paid to caregive rs for four and a half years. Th isneeds to be looked into because I ca lled Home Instead to get their ra tes (page 33). Lucille is being charged double and if she needed that much care, why wasnt sheplaced into a really nice nursing home facility instead of assisted living?

    In short, this Jewish woman deposited her money into a Jewish bank in the hopetheyd pass it onto her Jewish charities that were ignored recognition by theInternational Red Cross and Pioneer Woman as she was active in that grouphelping the children of Israel. Im also 99% positive Willie Richardson is also abeneficiary . Its implied by her a ttorney. Lucilles he irs are listed on the left. People she never wanted in her life. Shes 92 years old now and will be onWelfare.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 14

    Thomas M Flynn 2005 P4049Parties Involved Fees Case DetailsAmy McCarty Attorney for Guardians (Monahan & Cohen)

    Greg Matthews Personal Injury Attorney

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Sandra Theil Guardian ad Litem

    Dr. Shvartsman

    Hampton Plaza Nursing Home

    Judge Kawamo to

    Total fees for 51 monthsguard ianship (including thenursing home)Special Needs of cigarettesand Pepsi

    $27,795.35

    $172,401.65

    $21,954.35

    $43,630.99

    $645.00

    $26,393.40

    $120,419.09

    $4,795.98

    June 19th 1999 - Thomas is a military veteran who underwent nasal septoplasty atthe VA Medical Center in Des Moines, IA. This turned into a medical malpracticelawsuit with a one million-dollar settlement. He suffered brain damage and thehold up on the settlement was the social security office thought he was dead.

    September 15th 2004 - Mitzen got a phone call from Meg Sima (Monahan &Cohen), she said that Thomas is in Iowa and his case is close to settlement. Thathe wants a priva te guardian and they need to move h im here quickly.

    January 11th 2005 - Mitzen is going to fron t Thomas the money to get here . He llget reim bursed by the se ttlem ent but Thomas would like his fr iend Al to be hisguardian. Mitzen also enlists the help of his sister Kathy, who lives here in Illinois.

    May 4 th 2005 - Admitted to Hampton Plaza Nursing Home from Iowa.

    June 2005 - Thomas is talking about his settlement, of buying a home and gettingmarried to his girlfriend, Lillian. Mitzen says he explained to him that there will beno money, it will all be going into an OBRA Special Needs Trust, hell live in anursing home for the rest of his life and be on public aid. I dont believe Thomasunderstood nor do I think it would make a difference. I truly honestly believe thatThomas se ttlement a ttorney (Matthews) was trying to look out for his best interestsby telling him what was going to happen once placed under guardianship. That hewould have no life.

    July 18 th 2005 - Devon Bank and Josh Mitzen were appointed Plenary Guardiansof Estate and Person.

    August 22nd 2006 - Thomas wins his settlement of $950,000.00. $650,000.00 to bedeposited into an annuity. $110,000.00 given to Devon Bank to set up aSupplem enta l Needs Trust on Thomas behalf. Which means he d idnt ge t apenny. He is now on public aid with his settlement money paying administrativefees. Also, they dont need Devon Banks involvement with an OBRA.

    2007 - In M itzens notes, he chased off Lillian, Thomas girlfriend. Im not going torepeat the allegations, look a t the fees on the left. There is no more mention of h issister Kathy or his friend Al either.

    October 14th 2009 - In M itzens report to the court, Thomas still thinks hes go ing toget better and be able to buy a home. Instead, they splurged and got him his ownprivate room at the nursing home. They say hes not capable of making decisionsbut has no problem taking the bus everywhere he goes.

    On March 30 th Thomas will be 59 years old. A military Veteran who fought for ourcountry and all he wanted was a wife and home. The American dream. Youll findhim standing outside his nursing home drinking Pepsi and smoking a cigarette,thats all hes got. Of his $650,000.00 annuity, he has $459,357.62 left as ofSeptember 10, 2010.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 15

    Gilda Hansen 2005 P5768Parties Involved Fees Case DetailsJanna Dutton Attorney for Guardians & Catholic Charities & Reno Vitorelli (who is the nephew of Gilda)

    Jam es W olf Attorney for Gilda

    Milagros Hernandez Gildas fam ily

    Anthony Campanale Milagros Hernandez Atty.

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Patricia Hogan Guardian ad Litem

    Helen Grimaldi Elder Abuse Investigator

    Dr. Geoffrey Shaw Physician

    Dr. Glassenburg Neuropsychologist

    Dr. Hanlon Neuropsychologist

    Dr. Terleckji Gildas personal physician

    Home Instead Caregiving Agency

    Judge Conners

    Total fees for two monthsguard ianship

    $18,288.80

    $17,524.65

    $7,476.71

    $4,455.00

    $5,037.00

    $750.00

    $2,100.00

    $250.00

    $11,772.04

    $66,654.20

    This is an Elder Protective Services investigation. Again with Helen Grimaldi(Catholic Charities social worker) who brings in Janna Dutton who calls JoshMitzen who calls in Devon Bank. This becomes an enormous custody battle with alot of money spent, abuse to Gilda and her family only to lose.

    July 25 th 2005 - Grimaldi was called to investigate alleged financial exploitation byMilagros (Mila) Hernandez. Gilda was a 93-year-old woman who lived in anapartment above her and Mila had Power of Attorney over her healthcare. Theyveknown each o ther for more than fifteen years. G ilda was even godmother to Milasson, Philip. Grimaldi actually stated under oath that Mila told her that shes nothingmore than a gold d igger out to inherit Gilda s money wh ich I find really hard tobelieve. She checks and Gilda has about $400,000.00 and shares in Exxon stock.Estate valued at $1,780,864.38. Thats when everyone surrounded this womanoffering the ir persona l protection.

    Catholic Charities also subpoenas Gildas medical records and finds out that shewas in the hospital for a sub dural hematoma a few months prior and even thoughthey have a neurologist (Glassenburg) stating Gildas fine, Dutton wants to sendGilda to her doctor for further testing. I had a well-respected attorney in Chicagotell me that all Elder Law Attorneys have doctors they hire to call their clientwhatever they want them to be called. If they want them competent orincompetent in a cer tain area, they pay the doctor to w rite the diagnosis. W hich iswhat Dutton is doing. She hires Dr. Shaw who actually comes out and states,vulnerable to financial exploitation amongst so many other things. Shes alsosuggesting that they call the police in regard to Mila and her only crime? Loving anelderly woman, caring for her and trea ting her like fam ily. Dutton freezes Gildasassets and even petitions the court for M ila to take a psychological examination .

    August 2005 - Hogan (GAL) goes out to visit with Gilda and what she wrote abouthow well she was taken care of by Mila and her family was absolutely lovely. Shealso stated in her report that Gilda was so alert, she handed her the statement ofrights in regard to the guardianship hearing. Gilda read it aloud without readingglasses and understood every word. Then Hogan asks if she wants to appear incourt and Gilda tells her no. (I see this in all the reports from Guard ian ad Litemsand they need to clear that up. The elderly person believes that when they sayno the court is over . It wont take p lace . They need to clar ify that the case isgoing on without them regardless of their appearance.) Gilda explained to Hoganthat Mila set up a cot for her (behind a screen) in her own living room and shesleeps in her apartment by choice. She brags about Philip and raising him as herown son and that she is truly loved by the entire family. (You could feel the lovepouring from this docum ent). The judge orders Hogan to retu rn fo r another v isitand she urges Gilda to get an attorney and go to court.

    September of 2005 - M itzen and Grima ldi vis it with Gilda and she refuses theirhelp. There are many court documents with Gilda pleading with her attorney,Dutton, M ila and anyone else to get Helen Grim aldi aw ay from her, shes abusive . Im not sure what can be done about an elder abuse investigator tha t abuses theirown clien ts? G ilda was crying and begging people understand.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 16

    Gilda Hansen 2005 P5768 ContinuedParties Involved Fees Case Details

    Im not a legal analyst but her attorney, James Wolf lived up his name. He tells thecourt tha t Gilda has been subjected to three exam inations and all but one (Duttonsdoctor) she passed. Dutton wants to send her for more testing to justify destroyingGildas life in order to m ove in Josh M itzen and Devon Bank. Wolf states that h isclient, is not, and should not be treated as, a laboratory guinea pig. He lost thatbattle , Dutton h ired another doctor and paid h im $2100 to write the incom petentdiagnosis. Subpoenas were flying and Wolf lost. He didnt have a chance. Hewas up against organized crime.

    Decem ber 6 th 2005 - Devon Bank and Josh Mitzen appointed Limited Guardian ofthe Estate and Person. Gilda is ordered to move back upstairs to her apartm ent,Mitzen to set up Home Instead Caregiving Agency. Eight days after she moved,Gilda is found on her bathroom floor, she suffered a stroke. Mila slept at thehospital and Mitzens only concern was that the caregivers call him if she causestrouble. Then orders Dr. Terleckji (Gildas personal physician) and all the otherdoctors not to talk to her directly for he is the guard ian. Mitzen also orderssedatives (and tells everyone to keep this quiet). Seven days after admitting herinto the hospital, Dutton is planning her funeral. Mitzen typed a letter to Dr.Terleckji firing him, stating that he does not honor guardianship as cause fordism issa l.

    January 2006 - About a month after Mitzens involvement, he calls TransitionManagement to inventory Gildas assets in her apartment. He also filed acomplaint with Swedish Covenant Hospital for not honoring him as guardian.

    January 28th 2006 - Gilda Hansen died surrounded by her loved ones. Mila, herson Philip and Eduardo whom I believe is a cous in. Mitzen d idnt bo ther.

    I checked court documents and Dutton was representing the nephew. Its fiveyears later and there is still a court fight and I cant get my hands on that case file. I understand this too because Im a caregiver. You spend time taking care ofsomeone and wonder where their family members are? Their blood relatives? You spend 24 hours a day, 7 days a week by their side, caring for them, takingthem to see their doctors, to the emergency room, even loving them just liketheyre your own family and their blood relatives are nowhere to be found until thewill is read. I understand if its family money passed down through the generationsbecause your forefathers were creating a legacy and wanted that money handeddown. I dont understand it in this case. In court docum ents, Dutton handed allGildas money to a family member who never visited. This is the second time shedecided who was the he ir (see Planekowsky) and its not her decision to m ake.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 17

    Marvin Greenbaum 2007 P3179Parties Involved Fees Case DetailsJanna Dutton Attorney for Guardians

    Paul Franciszkowicz Attorney for wife & son

    Julie Katz Divorce Attorney

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person ($800 a month from Marvin s ex-wife in marita l agreement)

    Miriam Solo Guardian ad Litem

    Dr. Kitchen Physician

    Lieberman Nursing Home

    Judge Kawamo to

    Judge Cesario Approved Devon Banks Emergency Petition for Marital Settlement (11-6-09)

    Marvin Special Needs

    Illinois Dept of Health andFamily Services (paybackfrom OBRA)

    Guardian fees for 34months (inaccura te due toOBRA and divorceagreement)

    $30,356.40

    $6,064.00

    $9,200.00

    $20,034.61

    $16,331.15

    $1,236.00

    $58,489.24

    $1,778.08

    $90,243.71

    $83,222.16

    Phyllis (Marvins wife) consulted with Franciszkowicz to be Marvins guardian afterhe suffered from a stroke at the age of 63. Franciszkowicz told Phyllis that JoshMitzen can be Marvins care manager. (Mitzen has no education or qualifications to be a Geriatric care manager.)

    April - June 2007 - Mitzen calls Phyllis with a goal to take over guardianship ofMarvin. She explains to him that she wants a divorce. To sell their property andMitzen makes a suggestion to have an estate guardian. She asks him if he canfind a bank that will do this. Mitzen calls First Bank but (he says) they refused thenhe makes a call to Devon Bank. He also calls Janna Dutton to be the attorney forthe Guardians.

    May 9 th 2007 - In Solos report (GAL), she states that Franciszkowicz spoke to herand explained that Marvin was in agreement with guardianship with Mitzen andDevon Bank. Then further stated that after the guardianship went through,Marvins wife was seeking a divorce and asked her not to explain that to him. Shedid and M arvin got upset. He was in agreement with anything that m ade his wifehappy. Solo was also worried that Marvin was getting taken advantage offinancially and because Phyllis hired Mitzen, he would be acting in her bestinterests and not in the best interest of Marvin. Franciszkowicz responded to herand went overboard in his de fense about in troducing Mitzen and Devon Bank intoMarvins life, in my opinion.

    June 8th 2007 - Devon Bank and Josh Mitzen appointed Plenary Guardian ofEstate and Person. Dutton filed papers quickly so the property could be sold.

    October 7 th 2007 - After selling the property, they established an OBRA SpecialNeeds Trust. Devon Bank should have resigned, theyre an unnecessary financialburden to their c lient.

    December 14th 2007 - Marvins wife petitions the court for a divorce.

    February 26 th 2008 - Devon Bank petitions the court to retain a divorce attorney onbehalf of Marvin.

    October 28th 2009 - Katz (d ivorce a ttorney) was ordered to modify the language inregard to the property distribution made to Mitzen. Dutton modified it for her andthey slip the marita l settlement by Judge Cesar io. Both Marv in and Phyllis paidMitzens fees. Her portion was $800 per m onth . Marvins to the left.

    April 15th 2010 - Marvin passed away from d iabetes and congestive heart failure. His estate once worth $147,968.78. His son inherited $18,366.22. Once again,Marvins heirs are to the left.

    Im not sure who was supposed to look out for this poor man? Marvins son wasgrief stricken over his father having a stroke at the age of 63 and his wife wantedout o f the m arriage. Franc iszkowicz introduced Mitzen and Devon Bank tocapitalize on this families heartache.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 18

    Shirlee Gale 2008 P4029Parties Involved Fees Case DetailsPaul Franciszkowicz Attorney for Guardians

    Craig S. Meilke Attorney for Son

    Sheryl Fuhr Attorney for Ward

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Sherry Fox Guardian ad Litem

    Home Instead Caregiving Agency

    Dr. Ruhl Physician

    Council for the Jewish Elderly - Lieberman Rehab

    Belmont Village

    Transition Management

    Judge Stuart

    Judge Kawamo to Signed temporary guardianship to Mitzen

    Guardian fees for 25months

    $14,761.00

    $1,567.30

    $7,008.95

    $15,063.40

    $15,662.63

    $2,667.50

    $366.70

    $41,595.80

    $129,482.57

    $6,438.75

    $63,536.23

    In 2008, Gary Gale petitioned the court for guardianship of his mother. She hadfallen, broken her hip and went to Lieberman for rehabilitation. Dr. Ruhl(psychiatrist) states that Shirlee is suffering from dementia, is delusional and canno longer make decisions. Shirlee is 91 years old and takes two medications forAlzheimers.

    June 26th 2008 - Fox (GAL) interviews Shirlee. Once again, it would serve nopurpose for me to repeat the allegations that Fox made against Shirlees childrenother than to say that its my persona l experience that all loved ones areconsidered gold diggers. Fox orders an investigation into her son based onShirlees de lusions even though Dr. Ruhl is telling her m edical testing supportssevere dementia and psychosis.

    July 2008 - Mitzen contacted Fuhr (and Im not sure how they got involved otherthan his mother is on the board of directors at Lieberman and he may know thestaff?) He went to see Shirlee in the nursing home and took her house key thenwent over to r ifle through her personal possessions. Later calling Fuhr in regard towhat hes discovered about Shirlees assets.

    July 17 th 2008 - Mitzen is appointed temporary guardian of the Estate and Person.(Some documents just say Estate, others include Person). They had Shirlee goingpro se when she lacks the mental capacity to understand what shes doing nor dothey mention it in court documents. Mitzen also claims that he met with Gary thatday. He said he has no interest in being his mothers guardian which makesabsolutely no sense because why would he petition the court for guardianship oreven show up? He also later stated that Jeffrey (her other son) is not interestedexcept its m entioned that he flew in from California.

    August 2008 - M itzen ta lks to Shirlee about having a financial guardian and callsRick Block, trustee from Devon Bank. Block to ld her that he could potentially helpher if she named a guardian and Mitzen says she was very receptive of the ideathen states its hard to keep her focused. He also says that shes decided onDevon Bank, takes her to another doctor (Malina) who tells him that she lacks themental capacity to make decisions. This poor soul doesnt even know whats goingon and theyre allowing her to make her own decisions by appeasing her andsaying she can go back home to live. They moved her to Belmont Village.

    September 17th 2008 - Devon Bank and Josh Mitzen appointed Plenary Guardiansof Estate and Person.

    September 26th 2008 - Devon Bank hires Transition Management to inventoryShirlees residence. It was just as Shirlee left it when she went into the hospital. Photographs on the wall, afghan on the sofa, clothes hanging in the closet, veryneat and tidy. She estimates the contents value between four and six thousand. There is a petition filed in April of 2009 to sell her personal property that I cant findin her file and on the same date, they petition the court to sell her home statingthey did a diligen t search of her residence and cant find the title . It was he ld intrust but her attorney died. They eventually sell her home at half price.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 19

    Shirlee Gale 2008 P4029 ContinuedParties Involved Fees Case Details

    November 24th 2009 - A substitution of council for the Guardians is filed with thecourt. From Monahan & Cohen to J. Peter Latz. Which means Franciszkowiczchanged law firms.

    Devon Bank is also filing Shirlee Ga les 2010 financials under Joan Lawrence scourt docket number. I found them when I was Xerox ing Joans file.

    I know I should probably keep my em otions out of this but cant. Reading th iswomans file was incredibly heartbreaking for me and writing it is even moredifficult. I left the courthouse crying. This poor woman is suffering from Alzheimerstype dementia and fell. While in Rehab, she ran into a con artist who took herhouse key and let himself into her home in order to check out her finances. In h isnotes, Mitzen says that she cant understand him but he cant cap italize on tha t. They force Shirlee to go pro se then try to find another doctor to just ify doing th isto her but cant. Obviously, Shirlee was, in fact, suffering from dementia if theycouldnt even pay a doctor to say otherwise. Not only that, shes alive. If she knewwhat rea lly happened to her, it would kill her.

    Do you want to know what these so-called professionals would say? W hy d idntthe children fight for custody? Because they lost the minute these people walkedinto their mothers life. (Go back and read about Gilda Hansen). Mitzen has thirty-one guardianships and he calls himself care manager on countless others whenhe has no educational background. Hes an attorney that took the public guardianexam and if you read the GAO report, then youd know they used social securitynum bers of two felons to get certification in Illinois.

    Someone needs to get these people to stop profiting off the weak, sick, helpless,defenseless, vulnerable, disabled and elderly. If we dont do som ething to get th isto end, were going to have to set up a family member like a gargoyle to watch overour parents while theyre in the hospital or well never see them again.

    Shirlees estate was worth $882,703.48. The only reason I can think of why theyrenot wasting this womans money is the fact that I pub lished it all over the In terne t.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 20

    Joseph Ludwig Ziarnik 2008 P8180Parties Involved Fees Case DetailsJanna Dutton Attorney for Guardians

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Ray Koenig Guardian ad Litem

    Dr. Stephen Fox

    Laurie Sherry Elder Abuse Investigator

    Home Instead Caregiving Agency

    Judge Coghlan

    Living Trust - no financialdocuments filed withcourt.

    Lives at home

    Estate valued at over onemillion dollars. $525,000.00in cash.

    If I wasnt involved with him myself as this gentlemans caregiver, I wouldnt knowwhat was going on because Janna Dutton didnt file anything with the court.

    I called Elder Protective Services (Catholic Charities) because Ludwig had a lot ofmoney, his two lady friends stopp ing by to put him a diabetic sugar high in order totake his cash and write themselves checks.

    January 2008 - Laurie Sherry (abuse inves tigator) escorted me and Ludwig toJanna Dutton s office so he could se t up h is financial affa irs and write a w ill. Dutton set him up with a trust account at Devon Bank, made Ludwig co-trustee andprotected his property from being liquidated by putting it into a Land Trust. I washis Power of Attorney in regard to health. A few weeks later, Laurie Sherry calledand told Ludwig that Devon Bank wont manage his money unless he signs off onbeing co-trustee. She came over and forced him to sign off on his money.

    June 2008 - Sally Griffin and R ick Block (bank trustees from Devon Bank) areshowing Ludwigs property to management companies. Block was running aroundbragging about having free reign over the old mans half a million, no courts to gothrough and talking about all the people he owed jobs to. (I found out later thatLudwig set up a Living Trust which is another word for Predatory Trust becausehis expenses dont have to be approved by a judge.) The day after we transferredLudwigs money over to Devon Bank, Griffin fired me. She said that she hired JoshMitzen as my replacem ent. I didnt understand at the time because I was LudwigsPower of A ttorney over his hea lthcare. Griffin meant as Guard ian of the Person.

    September 2008 - Dutton ran to Ludwigs daycare and forced him to signguardianship papers over to Mitzen and I will cite the allegations - I was an abusivecontrolling gold digger. She made Ludwig go pro se and asked the court to betested in regard to his competency. Ludwig to ld me that when he passes the test,hes firing them all. I told h im that he s not going to pass, he said I underestim atehim. No, I dont. I dont underestimate his half a million dollars and the golddiggers who want it. (Later, M itzen to ld me that Dutton justified forcing Ludwig in toguardianship with him because the director of Ludwigs daycare called the trusteesat Devon Bank and reported me abusive. She never made this call. I spoke to thedirector myself before I was aware of the lie.)

    They drugged and abused him. Devon Bank hired Home Instead CaregivingAgency (at $500 a day) and the careg ivers put Ludw ig on a diabetic sugar high. Itwas horrifying to watch and I cant talk about it. I published my story online. I satthere and collected evidence, took notes, photos, xeroxed, etc.

    It was too big for me and I had a change of plans. I called Laurie Sherry and toldher that Devon bank wouldnt give Ludwig a copy of his trust account (or assets)and Dutton wouldnt give him a copy of his will. That before I got k icked out, Ineeded to mail them to his family in G erm any. She got alarmed and ordered himcop ies. Devon Bank sent out a copy of his trust (October 2008) and they sold allhis stocks (like Exxon without asking) and invested his money into bank stocks(like all the rest of their clients). I emailed a copy to his sister in Germany.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 21

    Joseph Ludwig Ziarnik 2008 P8180Parties Involved Fees Case Details

    Dr. Stephen Fox called Ludwig incompetent only in the area of finances. Mitzentold me. Imagine the coinc idence.

    December 2008 - After awarding Mitzen with Temporary Custody, Dutton mails thecourt docum ents to Ludwigs n iece and nephew who live in West Chicago. H isniece starts calling her office, explaining that shes family and will take care of heruncle. Dutton told her tha t shes not her c lient, she cant ta lk to her. (I d idnt tell h isfamily too much. I felt the situation was too dangerous for them, they have childrenand Ludwig and I were getting so abused.)

    January 2009 - Ludwig asked me to take him to court to postpone his hearing sohis siste r cou ld fly in from G ermany. He d idnt have any m oney and she needed tohire a lawyer. H is friend Paul was m aking the arrangements. Judge Coghlinpostponed the hearing and I met Koen ig (GAL) who slandered m e in courtdocuments and I never even met the man. He didnt even bother doing his job byinterviewing anyone but Ludwig and Mitzen. Ludwig understood that day that h isattorney was crooked and was crying in the courthouse lobby.

    February 2009 - His sister flies in from Germany but the friend that was supposedto get her an attorney, didnt. Dutton came running over to Ludwigs house to lockhim into M itzen. Ludw ig wouldnt stop p icking me for guardian. Du tton said that Idont qualify because Im not a professional or family member. (A few monthslater, he was begging Dutton to assign his niece and nephew he was being soabused. Dutton said they dont qualify because being a guardian is a job forpro fessionals.) We ALL (me, Ludwig and his sister) tried to get a copy of his w illthat day. Dutton made a big scene in his office yelling at everyone then finallyagreed to send it to his sister . She never mailed her the Land Trust document.

    March 2009 - I reported Mitzen and the caregivers to Elder Protective Services fordrugging, abusing and neglecting an elderly man. Sherry forced Mitzen to takebetter care of Ludwig but didn't stop the emotional abuse.

    April 2009 - I wrote Dutton a long letter in regard to the abuse and financialexploitation she set up for Ludwig. She handed me an eviction notice then offeredme $500 if I would m ove in five days (the apartm ent I lived in never rented). Ideclined. I showed Ludwig the eviction notice and he asked me how they canthrow me out of my own home? Hes told me (many times) that his property is in aLand Trust with my name on the title and I dont know how this is possible since Ididnt sign anything BUT if it is true, Id like to see it. It doesnt matter if I inherit orif Devon Bank throw s a reverse mortgage on it. They can t rob me of the gesturehe made. Id also like to see the docum ent dated April 1st 2008, the orig inal.

    September 2009 - Devon Bank threw out all Ludwigs personal property - pricelessbooks , fam ily photographs, co rrespondence, they tossed everything. The man isbankrupt too. Devon Bank was having a financia l free-for-all.

    Novem ber 2009 - I pub lished the filthy racket on line. In 2011, Ill publish the rest. Som eone needs to give these poor souls a voice.

  • Report of Devon Bank and Josh Mitzens Eleven Guardianships

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 22

    Roy Gundersen 2009 P1291Parties Involved Fees Case DetailsMichael Erde Attorney for Guardians

    Elizabeth Jensen Petitioned the court for Guardianship, cousin. Nominated Devon Bank & Josh Mitzen

    Devon Bank Guardian of Estate

    Josh Mitzen Guardian of the Person

    Gregg A Garafalo Guardian ad Litem

    Michael H. Levinson Physician

    The Breakers

    Judge Kawamo to

    Total fees for 10 monthsguardianship

    $13,358.00

    $37,782.86

    $12,230.98

    $1,395.00

    $49,076.21

    $64,766.84

    Roy was a 79-year-o ld mathematician that au thored a book (on engineering, Ibelieve). Im not sure how they got involved in this gentlemans li fe either? Heowned a Condo on Sheridan near Lake Shore Drive. They said it was clutteredand in disrepair. His cousin petitioned the court for guardianship and assignedJosh Mitzen and Devon Bank.

    January 2009 - In Erdes notes, hes talking to Roys cousin about guardiansh ipand the second phone call was to the Condo Association (Beach Point Tower orLieberman Management Services) so I think they turned Roy in.

    February 12 th 2009 - Levinson examined Roy and said he suffers from Alzheimerstype dementia. Seven days later, they petitioned the court to sell his Condo.

    March 30th 2009 - Garafalo (GAL) interviewed Roy and during the interview heasked if Roy understood his rights. Roy questions, an individuals ability to file acomplaint against him with no basis. He also says that he does not want to giveone individual or one bank authority over his personal or financial decisions. Garafalo didnt tell any of this to the judge on Roys beha lf.

    April 1st 2009 - Devon Bank and Josh Mitzen appo inted Limited Guard ian of Estateand Person. They moved Roy out of his Condo into The Breakers. All thedocuments say that Roy doesnt want to live there but no one does anything aboutmoving him back home.

    November 2009 - Roy shows Mitzen his Power of Attorney, apparently he pickedsomeone else. Mitzen told him that he doesnt need it anymore.

    Decem ber 2009 January 2010 - M itzen takes Roy to his Condo and basically te llshim that its going to be sold . Roys ill. He becomes confused and M itzen ca lls itmental decline and I call it heartache over the fact that his home is being so ldout from underneath him without having a choice in the matter. They had limitedguardianship too so Roy should have had a say in regard to this decision.

    February 2010 - M itzen says that Roy was acting s trangely so they adm itted h im toWeiss Memorial Hospital. Roys heart rate was irregular and he was agitated. Hes not sure if he had a heart a ttack o r stroke? They put h im in restra intsbecause they couldnt calm him down.

    February 13 th 2010 - Roy Gundersen passed away from ventricular tachycardia(heart problems can be caused by emotional stress and heartache).

    April 12th 2010 - Petition the court to sell Condo for $151,000.00.

    April 30th 2010 - $3,549,507.38. I dont know how much his family inherited? Hisestate be ing proba ted until January 2011. So, the fees to the left are incorrect.

    It seems someone reported this man because they wanted his condo. Is this whatits coming down to? Erde wasnt a very good advocate either.

  • Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &Midwest Care Management Services

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 23

    Heinz Lehner 2006 P0542Parties Involved Fees Case DetailsPaul Franciszkowicz Attorney for Guardians

    Devon Bank Guardian of Estate

    Benjamin Topp (Rehab Asst.) Guardian of the Person

    James Meyer Guardian ad Litem

    Jennifer Smith Elder Abuse Investigator

    Mark Amdur Physician

    Elder Bridge Caregiver

    Food for Heinz & Caregivers

    Judge Kawamo to

    Total fees for 12 monthsguardianship (2/28/10)

    $21,331.00

    $21,337.21

    $15,059.22

    $2,021.25

    $800.00

    $78,674.48

    $20,250.00

    $159,473.16

    This is an Elder Protective Services investigation who said that hes beingfinancially exploited except the trustees arent going after anyone to recover thestolen money. The elder abuse investiga tor didnt bother calling h is fam ily either. Heinz is 92 years o ld, his w ife recently passed away. Esta te worth $1,750,376.24.

    January 23rd 2009 - Dr. Amdur says hes totally incapable of making any decisions.

    January 30th 2009 - For some reason Smith petitioned the court for Devon Bankand Topp to be Temporary Guardians. She also escorted the Guardian ad Litemto his home to conduct the interv iew. Meyer (GAL) suggests to the court tha t itsan emergency and that they need to put h im under guardianship imm ediately.

    February 2009 - Topp (guardian) makes a house key, mails it to Devon Bank sothey can search h is hom e while he s out w ith He inz at the Shedd Aquarium . Devon Bank rumm ages through his home and removes all his valuables. They alsoforce 24 hour careg ivers on h im which hes to lerating.

    February 27 th 2009 - Devon Bank and Benjamin Topp appointed Plenary Guardianof Estate and Person.

    March 2009 - Heinz wants to talk to Harris bank about his money now. He wants it transferred back. Hes very upset by the lack of it and the fact that theyransacked his home and rem oved his personal property. Now the neighbor isexpressing concern over Heinz and why theyre doing this to him. It s breaking myheart to read these notes, it goes on for pages (or months) of this poor man beingso upset about them taking over his life. They take his Visa and give him a $100gift card instead but eventually give him a debit card.

    April 2009 - Heinz writes a letter to the police about his gun and money. Thenrequests that Devon Bank return his wifes jewelry, her death certificate, his gunand coin collection. Topp says hes calming him down but Heinz is demanding thereturn of his Luger pistol and valuable gold coins! (I wouldnt give him a gun in thatstate of mind.)

    May 18 th 2009 - Devon Bank petitioned the court to liquidate Heinzs gold coincollection for 29K. A llegedly they said that he wanted them sold if he cou ldnthave them in his home. (They also sold his 97 Buick.) Two days later, Topp saysin his notes that Heinz would love to sell his co ins and wifes jewelry. This is a lie. That man doesnt care about liqu idating his assets, he doesnt need the money. (The trustees couldnt wait until he passed? He couldnt look at them for a while?)

    June 2009 - The caregiver said that she was wakened at 2 AM by Heinz taking acrow bar to the television se t. They scheduled a psychiatric appointment for h imand hes fine, hes being violated. They decided to take Heinz to see Fiddler onthe Roof with another client (Mr. Hinz) and ordered them a limousine. RehabAssist has a thing for Limos. They recently petitioned the court (December 2010)so Heinz could draw up a new w ill.

  • Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &Midwest Care Management Services

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 24

    John C Brogan 2009 P0799Parties Involved Fees Case DetailsJam es C Kemper lll Stepson

    Tracy Brogan Black Daughter

    Eve Epstein Attorney for Guardian of Person

    Wilson & WilsonDarryl Rosenzweig Attorney for Guardian/Brogan

    Mary Griffin Attorney for James Kemper - stepson

    Devon Bank Guardian of Estate

    Thom as Kleinhenz (Rehab Assist) Guardian of Person (Including tickets & Limousine service)

    Theodore Rodes Guardian ad Litem

    Amdur Physician

    ER Homecare

    Judge Coghlan

    There is a lien against awoman that owes John150K and another womanand their guardianshipfees will surpass any loanhe made.

    Total fees for 12 monthsguardianship:

    $16,936.50

    $39,586.00$38.366.04

    $5,932.95

    $34,252.51

    $38,575.00

    $1,000.00

    $69,250.00

    $243,899.00

    Im not sure how Devon Bank got involved in this gentlemans life? John is a 95-year-old man who was being financially exploited by various women and nowDevon Bank and Rehab Assis t. There are actual judgments against two women incourt records a lthough, I th ink Devon Bank has a lo t of nerve saying anyone isexploiting the elderly. His stepson pe titions the court for guard ianship in February2009. Both children were working together to help John.

    May 19 th 2009 - Johns attorney (Towne) files a cross-petition stating that neitherchildren are appropriate to be guardians. He flat out refuses James (stepson) andsays Tracy (daughter) cant be guard ian because she doesnt live in the state. Wh ich is so untrue. Towne nominates Devon Bank and Rehab Assist.

    June 2009 - James files his response and both siblings are ONLY looking out forJohns best interests.

    July 13 th 2009 - Devon Bank and Rehab Assist appointed Limited Guardian ofEstate and Person. October 14 th 2009 they becam e Plenary Guardians. Fortunate ly, Devon Bank doesn t have a ll this gentlemans money. It looks like hiswife has an account at Northe rn Trust to protect his assets. (She passed away.)

    August - December 2009 - In Rehab Assists notes, they talk about people whoappear to be accessing the ward and otherwise tapping into his generosity andprotecting the ward from opportunists then take John out to dinner four times, hasten lunches at the club, escorts him to the Opera three times and uses alimousine service to take him out. John paid for the food, the tickets and limousineride AND $6,615.75 for the Guardians t ime . I dont understand how this isntcap italizing on an elderly mans generosity? A Guardian of the Person issomeone who oversees living conditions and medical treatment of the ward. Goingto lunches, dinner and the opera has nothing to do with John s care and its moreeconomical to have the caregiver take him out. (Also, a luncheon date on 11/13/09for $467.50 was billed twice to John and Rehab Assist owes him. Whos watchinghis money?) They also have all these caregivers coming but need to hire ahousekeeper to boot. They cant clean?! Not to mention, every time theres aproblem with a caregiver, Rehab has to talk to Epstein at $110 and $250 an hourrespectively. Epstein is very concerned about her client calling every couple daysfor a status check. It seems Johns guardian cant make a simple decision withouther. The only expenses that I can justify are his daughters a irfare ( to visit w ithhim) and h is granddaughters college tuition aside from Johns activities. (Theyrealso leasing a car.)

    There are so many attorneys because theyre trying to get the money back fromthe ladies who exploited John and sadly, this court case will go on forever eatingup most of Johns estate. Not to mention, I see nothing in Rehab Assists notes asto talking to Johns daughter in regard to his care. She should be consulted andshes not. Quite the contrary, when Tracy came in to visit with her father, RehabAssist made sure there was a caregiver present at all times. Heaven forbid he bealone with his daughter to tell her whats really going on.

  • Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &Midwest Care Management Services

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 25

    Betty Snyder 2009 P3891Parties Involved Fees Case DetailsPaul Franciszkowicz Attorney for Guardians

    Kathleen Meersman- Murphy Guardian ad Litem

    Devon Bank Guardian of Estate

    Rehab Assist Guardian of Person

    Sandy Pelka Elder Abuse Investigator

    Kevin Conway Bettes Attorney

    Alexian Brothers Behavioral Health

    Midlife Hom e Healthcare

    Dr. Santos Physician

    Dr. Amdur Physician

    Judge ConnersJudge RileyJudge FlemingJudge Stuart

    Total fees for 12 months ofguard ianship

    $17,376.00

    $2,098.20

    $16,879.92

    $9,018.00

    $5,022.99

    $1,068.00

    $8,000.00

    $59,463.11

    Bette is a 79-year-old woman who never married. She took care of both herparents before they died, her father being a Defense Contract Auditor for thegovernment. She has three Masters degrees and before retiring four years ago,Bette taught Special Education for children and young adults with learningdisabilities. Being very active in her community (where she resided for more thantwenty five years), Bettes a clergyman at a nearby hospital, Sunday schoolteacher, helps the homeless and attends prayer and bible groups sometimeshold ing them in her own home. Tha t was before her life came to an abrupt ha lt.

    She gave $50,000.00 to a scam overseas and when she realized that she wasbeing exploited , she reported the incident to the Inverness Police Departm ent. They called Elder Protective Services (Catholic Charities) to investigate. Herestate valued at $1,052,764.21.

    Pelka (elder abuse investigator) petitioned the court on behalf of Devon Bank andRehab Assist instead of contacting Bettes family members (who reside in Indianaand Wisconsin). Many documents are suggesting that Bette is in so much dangerbecause shes demented and about to transfer the bulk of her estate to scamartists. If this were true, she wouldnt have gone to the police or they would havefound out after her money gone.

    June 2009 - Bette was o rdered by E lder Protective Services to go for a psychiatricevaluation at Alexian Brothers. The Inverness Police Department went to herhome, coaxed her out of it and promised that they would escort her to the hosp ital,wait then escort her safely home. That didnt happen. When Bette got to thehospital, they held her hos tage for five days as they ran psych iatric tes ts in order tojustify taking over her life and estate. Murphy (GAL) also interviews Bette butreads the doctor report stating she suffers from delusions and that she voluntarilyadmitted herself for psychiatric tests when she was forced. Bette also tells her shewants to be in court for her hearing but in the very same sentence Murphy saysshes not confirm ing whether or not she in tends to appear. Isn t it Murphy s job tomake sure shes there?

    July 6th 2009 - Devon Bank and Rehab Assist appointed temporary guardians ofEstate and Person. This so-called demented woman drove herself to court,parked her car, found her courtroom only to get ignored by the judge. Once again,if Bette is so incompetent, why didnt Murphy (her attorney) make sure she had aride to the courthouse?

    September 2nd 2009 - Devon Bank and Rehab Assist appointed Limited Guardianof Estate and Person.

    October 16th 2010 - I find a letter written by Dr. Amdur, a psychiatrist. He wasasked to visit with Bette to test her m enta l capacity in regard to wr iting a new will. Amdur sta tes that Bette is angry and hypo manic bu t doesn t explain why she feelsthis way or all that shes been through. He also gave her a score of 23 on the

  • Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &Midwest Care Management Services

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 26

    Betty Snyder 2009 P3891 ContinuedParties Involved Fees Case Details

    Montreal Cognitive Assessment which means she is mildly impaired then statesshe scored low on the recall part of the test. Ive seen this administered on twoother senior citizens (the psychiatrist gives a list of five words to remember thenasks for the list later) and the other two seniors couldnt remember them all eitherwith their doctors saying thats no rmal. Dr. Amdur also questions Bettes ab ility tounderstand a will, asks her about the value of her estate then says sheundervalued her property . Bette expla ins that the rea l estate market is currentlydepressed. He goes onto say that she retains the capacity to formulate plans,consider options, gave an accurate rendit ion of her family then gave him areasonable answer as to why she wanted to revise her will. Then further statesthat even though shes paranoid (and I wou ld be too) that shes NOT delusional. So, in Dr. Amdurs professional medical opinion, Bette retains full testamentarycapacity so why is she under guardianship? He a lso contradicts Alexian Brothersin regard to Bettes state of mind.

    February 2011 - Bette was placed under full guardianship. She was asking formoney and opening bank accounts. She was asking for money because its hersand its my persona l experience tha t Devon Bank is very stingy with their c lientswhile they lavish it on their employees. They treat their clients like criminals thatare no longer entitled to the money it took them a lifetime to acquire.

    Bette would also like to drive and buy a new car but theyre saying shes toodemented now and are forcing her to take a drivers test thats given to those whosuffer s trokes. (And I pray to God that she passes because if she doesn t, it willdevas tate her.) Even though she is being protected from scams overseas, whosprotecting this woman from being scammed by Devon Bank? The fees for oneyear of guardianship are greater than the amount she was scammed out of and hernightmare just began. Not only that, shes no longer doing the charity work thatshe loved so much. Elder Protective Services, Devon Bank and Rehab Assisthave not only destroyed Bettes life but theyve destroyed a community by robbingit of one of their most valuable citizens.

  • Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &Midwest Care Management Services

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 27

    Martin Pena 2008 P1859Parties Involved Fees Case DetailsDarryl Rosenzweig Attorney for Guardians

    Robert M R omeroClifford Law Office Personal Injury Attorney

    Devon Bank Guardian of Estate

    LifeCare Innovations Guardian of Person

    Ruben Garcia Guardian ad Litem

    Judge Kawamo to

    Judge Cesar ioJudge Fleming Emergency petitions signed

    $4,747.50

    August 8 th 2004 - Martin was 38 years old, riding his bicycle to work when he washit by a truck. He suffers from brain injury, post traumatic stress and memory lossfrom the incident. He has a pending medical m alpractice lawsuit that hasntreached settlement but Devon Bank took out a loan to help pay his expenses. Thefamily has no income due to their immigration status. Hes an undocumentedindividual and Im really not sure if hes a citizen of this country? He said that hegot m arried in Mexico , sent his wife and ch ild money as he worked in the states. Then got into an acc ident, where h is wife and child cam e to visit. He doesntqualify for Public Aid benefits.

    His pending lawsuit damages are $50,000.00, they believe.

    July 17 th 2008 - Garcia (GAL) interviews Martin who states that he wants his wife tobe his guardian (and there are many people petitioning the court including theConsular Office from Mexico). Theyre saying that his wife cant be guardianbecause of health reasons but theyre allowing her to care for him. Once again,there are a whole bunch of accusations against the entire family member thatwould serve no purpose for m e to repeat. Garc ia suggests to the court tha t hiswife be his guardian after they thoroughly check the accusations against her whichmeans, she wont be guardian.

    October 3 rd 2008 - Devon Bank and LifeCare appointed Plenary Guardians ofEstate and Person.

    July 13 th 2009 - Devon Bank secured a loan from Preferred Capital Lending forMartin of $20,000.00 with $1,200.00 paid monthly. Interest on this loan is$8,000.00 or 40% a year. Of course, Devon Bank is not responsible for this loanunless a settlem ent is reached and it hasn t been reached so this loan is proving tobe quite costly.

    LifeCare is very good about limiting phone calls and excessive billing when theyrereally not billing the client or getting any money. Theyre also talking to Martin andhis w ife about food pantries and other charities in o rder to be taken care of untilthey took out a loan and they call themselves guardians.

    September 1st 2010 - Devon Bank reta ined Clifford Law Offices on behalf of Martinand dism issed Romero (more o f the same allegations, he was a gold d igger out tocheat them).

    Im not sure how Devon Bank and LifeCare got involved with this fam ily and Imsure that theyre looking at them as their saviors since they dont have the meansto support themselves right now. It will be interesting to see what happens whenhis court case reaches settlement.

    This is probably an attorney tip.

  • Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &Midwest Care Management Services

    Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - [email protected] 28

    Joan Lawrence 2008 P4838Parties Involved Fees Case DetailsPamela Pedersen Daughter (Temporary Guardian of Person)

    Susan Andersen Daughter

    Amy McCarty Attorney for Family

    Darryl Rosenzweig Attorney for Estate Guardian

    Devon Bank Guardian of Estate

    LifeCare Innovations Guardian of Person

    Richard Nealis Attorney for LifeCare

    Melinda Martin Guardian ad Litem

    Ruben Garcia Court Appointed Attorney For Ward

    Pamela Chwala, RN Proposed Guardian of the Person (paid by Garcia)

    American Bank & Trust OBRA Pooled Trust Judge Kawamo to

    Joans Special needs for 18months

    Fees for 18 months underguard ianship

    Total attorney andguardianship fees:

    $26,677.00

    $2,600.00

    $1,250.00

    $39,807.88

    $17,803.65

    $14,895.00

    $18,625.12

    ($1,216.87)

    $3,461.36

    $549.92

    $83,812.91

    $127,173.91

    This is a case of gross misconduct in regard to all the people who got paid on yourleft. Joan is now 83 years o ld. She was d iagnosed by seven physicians withAlzheimers type dementia, psychosis and delusions. Pamela became hertemporary guard ian in 2008 nominated by her s ister Susan (who lives inWisconsin) to become permanent guardian. After establishing a ten-year financialcare plan (us ing her social security, VA disab ility benefits and would eventuallyinclude the sale of Joans property that was inhabitable), Pamela placed hermother into a private pay assisted living facility (Sunrise) which is appropriate forpatients with dementia.

    McCarty was the attorney for the siblings, who disagreed in re