IN view of recent Wisconsin university focused fall study currently advertised in retrospect to 18th judicial ward order 2012 P 893, Life-care movement from residents standpoint evidenced In Living trust will conduct fall study in which all readers are the judge.
Basically scientific study investigates bracketed advance age head trauma and how such affects balance and decline.
Life-care movement will expand evidence study to include dementia residents which by medical definition from legal perspective is generic term while none conclusive in diagnosis.
In our case study we will look at fiduciary responsibility within the court as theoretical self-appointed trustee by medical application.
A living Trust – declaration of trust: basically declares to State of Illinois county of Dupage prepared by licensed attorney at law document that has been subscribed, acknowledged and sworn to before notary, of trust during lifetime whether it be original owner acting as trustee or any successor trustee.
Included within language are such things as the laws of the state of Illinois shall govern the validity and interpretation of this agreement. In the even some portion of this Trust shall be held invalid, the remaining portions shall remain in force and effect followed by power to amend and revoke which will state in witness whereof, signed and initialed declaration stating owner may at any time during my lifetime, by instrument in writing delivered to trustee, amend or revoke this trust in whole or in part.
The trust property to which any revocation relates shall be conveyed to me or otherwise as I direct.
THIS POWER IS PERSONAL TO ME ALONE AND MAY NOT BE EXERCISED BY MY LEGAL REPRESENTATIVES, SUCCESSOR TRUSTEES, OR ANYONE ELSE.
Before we go into evidenced study dynamics we must first understand for purposes of Declaration of Trust.
If original owner shall be considered to be unable to manage my affairs if I am under a legal disability or by reason of illness or mental or physical disability I am unable to give prompt and intelligent consideration to financial matters, and the determination as to my inability at any time shall be made by majority vote of the group consisting on my the living children, and then acting physician, and the trustee may rely upon written notice of that determination.
Health care arrangements
In the event that a determination pursuant to article one, paragraph C, is made that I am unable to manage my affairs, and if the TRUSTEE determines that it would be for my best interest to arrange for the services of a Company, Nurse, attendant convalescent care, extended care, or nursing home care, the TRUSTEE, shall require the establishment providing such care to provide:
A. 1. Reasonable comfort and maintenance;
2. Medical and Nursing care of Good Quality;
3. Care and Comfort in all situations relating to Health, Medical, Dental, Hospital, Nursing expenses
And expenses of invalidism as I would of provided for myself in the circumstances.
B. The TRUSTEE is also authorized to enter into a contract to provide Lifetime care for me,
At either a stated monthly rate or for a lump sum payment as an admission or similar charge,
or a combination of the two.
There is much more, but at this time life-care movement while seeking judicial enabler reform up to all Privatized Guardianship Companies of person and assets required to fall under Jurisdiction of commissions in codes of professional standards, we will reserve toward future reveals as apply.
According to Illinois probate division though highly documented in numerous protest objections under IN living trust, the following Illinois Public Health survey reports were ruled to be within fiduciary trustee properness under the law allows do not constitute trustee reappointment.
Re: Docket # 13-C01428
Complaint # (s): 1373557/IL65150
Type of Violation: B Violation
Pursuant to sections 3-301 and 3-303 of the nursing home care act (210 ILCS 45/1-101) the licensee of the following facility is hereby served with Notice of Violation:
Administrative warnings issued to; Administrator of residing facility, Registered Agent, and licensee under title of Christian Convalescent Home.
Report summary dated October 18, 2013
Licensure Violations
330.71a)
330.720b)
a) The facility shall have written policies and procedures which shall be formulated with the involvement of the administrator. These written policies shall be followed in operating the facility and shall be reviewed at least annually by the Administrator. They shall be in compliance with the Act and all rules promulgated thereunder.
Section 330,720 Admission and Discharge Policies
b) No resident determined by professional evaluation to be in need of nursing care shall be admitted to or kept in a sheltered care facility. Neither shall any such resident be kept in a distinct part designated and classified for sheltered care.
These requirements are not met as evidenced by:
Based on record review and interviews; facility failed to follow their “Pre-Admission, Admission and Discharge” and “Exclusion Criteria” policy and procedures.
Facility also failed to transfer a resident to higher level of care, as deemed necessary by the residents attending physician, in a timely manner.
These failures resulted in 1 resident (R1), sustaining 13 fall incidents with Multiple Head Injuries.
This applies to 1of 3 sampled residents (R1), reviewed for falls.
Facilities Admission/Discharge policy includes:
“Residents shall be continually monitored for changes in level of care. Residents may be discharged from the unit if the person’s mental or physical condition has so deteriorated to render residency of Gilead Program to be detrimental to the health, welfare or safety of the person or of other residents in the establishment.”
1. Involuntary or Voluntary Discharge/Transfer from Gilead Memory unit support will be required if:
2 Resident develops factors addressed in Exclusion Criteria.
3. The resident requires 24 hour continuous care or skilled nursing care.
4. Placement in a Gilead Memory Support may become in appropriate due to, but not limited to, Physical Complications, uncontrolled behavior that may be hazardous to the resident or others, Misjudging of residents ability’s and /or subsequent development or relapse of a previous psychiatric condition.
5. The resident is unable to meet the criteria for continued stay at Gilead Unit and Memory Support due to Decline in a Physical, Cognitive or psychological condition.”
Life-care side note: Multiple head injuries at any age are devastating combined with dementia.
Facilities Exclusion Criteria (Excluded from admission to the Gilead Program), states; “5 Persons presenting serious and / or Life threatening safety Hazards to Self or others.”
R1 was admitted to facility as ward of court under appointment of privatized Guardian to facility 09/28/2012 with diagnosis to include Dementia and psychosis and history of hallucinations.
R1 had 7 fall incidents between 10/08/2012 and 04/01/2013.
Side Note: Life- care movement founder initialized lifesaving probe that subsequently required several governors’ letters on behalf of In-Living Trust before department was actually dispatched.
R1’s level of care (LOC), evaluation was not re-evaluated between 09/28/2012 admissions until 04/11/2013. The 04/11/2013 LOC evaluation documents a decline in 5 areas (cognitive function, behaviors, safety awareness, eating and grooming), compared to 09/28/2012 LOC evaluation.
R1’s 04/25/2013 physician (Z3), progress note/ Orders include an order to “Evaluate for Long term care- patient worsening dementia and debility.
R1’s 04/27/2013 incident report documents another fall incident (fell from wheel chair in Dining room.)
This fall incident report documents, NOT REDIRECTABLE, requires 1.1 AT TIMES NURSE CALLED GUARDIAN REQUESTING A PRIVATE CARE GIVER RELATED TO THE INCREASED NUMBER OF FALLS.
R1’S PHYSICIAN (Z3) AGREED WITH EITHER A LONG TERM CARE PLACEMENT OF A CARE GIVER BE PUT IN PLACE.
*Life –care founder note of relevance: same guardianship C.E.O that condoned within 2012 p 893 verified under oath necessity of succession to 2015 p 888 holding originally assigned Judge and Ad-litem replacements based upon demonstrated bias holding subsequent prior history.*
Z3’s 06/06/2013 progress note includes, Z3 ordered Hospice evaluation. R1 started on Hospice 06/07/2013, with diagnosis of Vascular Demetria with Psychosis.
Life-care founder side note; Same hospice company was carried over after eviction to new facility resulting in Office of inspector General – office of investigations re; governors letter #517052 06/02/ 2014 in conjunction with Complaint # (s): 68651 date of survey 03/20/2014 in which guardianship once again per April 08, 2014 emails doctor has ordered caregiver assist, May 28th guardianship e reports cough with yellowish vomit doctor feels related to cough, hospice recertification determined she improved not requiring hospice service and Medicare will no longer cover hospice and services will be discontinued June 02, 2014.
My mother passed away suddenly on December 23, 2014 and certificate cause of death was determined pneumonia – bronchial related.
R1’s medical record includes a 07/09/2013 letter from her legal Guardian (Z2).
Z’2’s 07/09/2013 letter documents Z’s knowledge that R1 needs to transfer to a higher level of care due to declining condition and increased fall incidents.
R1’s incident reports document 06/29/2013, 07/11/2013, 08/23/2013 and 08/25/2013 R1 required ER evaluation and intervention as a result of the fall injuries.
R1 continued to reside in facility until a 08/27/2013 transfer to a higher level of care facility.
12 of R1’s 13 fall incidents were unwitnessed.
Life-care founder note: Annual status report to the court reads as follows dated September 13, 2013.
Ward “has a history of falls and her falls were becoming increasingly frequent despite the additional assistance (1st fudge to the court) she was receiving from hospice. Due to (wards) increased need for supervision for fall prevention, as well as the need for additional memory care services, court appointed (against family member continual protests in objections demanding replacement appointment) guardian began seeking placement at a skilled nursing facility.
Guardianship subsequently placed (ward at another facility) after the administrator that ward would need to be discharged from their facility within 12 hours.
Here is why and blatant illusion of justice, my mother fell again was sent to E.R with deep laceration above upper right eye and slight concussion requiring 10 stitches, overnight observation upon return she was evicted that day not allotted any additional recovery time.
Reason: injury occurred subsequently right after facility was violated and five violates revokes license.
So there is no real mystery here why she had difficulty adjusting: (Ward – fudge two) “initially had difficulties adjusting to the change in her placement, but has since become better adjusted to her new environment where she is now receiving skilled nursing services in the memory unit at center.
I had been evicted out of our family home being sold and while living in pads I found out within one week additional care giver was guardian dismissed so through technicality of admission prior to court approval being that my mother was in such bad shape, I rode my bike from pads facilities daily till court approval and provided here with extra care needed and she was coming back around and once achieved we were separated once again and now she is gone forever all over greed.
Report concludes:
On 09/05/2013 at 9:45 am E1 (community manager), stated that facility knew R1 required more supervision, was not appropriate in sheltered care due to increased number of fall incidents back in April or May 2013. E1 also said that the facility requested Z2 to provide R1 with a 24 hour care giver at that time.
Complaint determination form
1= valid - 2=invalid – 3=undetermined
Complaint # 137557
The facility has committed violations as indicated.
IDPH code 104 - Neglect = (2)
IDPH code 105 – Improper Nursing = (1)
IDPH code 131 – Residency Injury = (1)
Complaint # 68651
The facility has committed violations as indicated.
IDPH code 104 – Neglect = (2)
IDPH code 105 – Improper Nursing Care = (1)
IDPH code 118 – Resident Rights = (1)
IDPH code 409 – Policy and Procedures = (1)
The common denominator here is facilities cannot be held in accountable for neglect if court ordered guardian denies care requests while refusing to acknowledge medical opinion.
Life- care movement questions both Illinois and lt. governors; why this guardianship of person and assets holding such blatant malignancy track record is still licensed and more importantly why state does not consider this business to be a community safety threat in concern?
In conclusion reality, like God, is something that can only be approached.
For public record- Governors are approached.
The gate of Eden is forever barred from us by cherubim’s with a flaming sword.
So in many ways we are both blessed and cursed by consciousness.
With it comes the awareness of realities in Good and Evil tyrannies of humanity.
Jung is accredited within translations for the masses, his reoccurred popularity has a great deal to do with publications presented at the right time just when gnawing’s in dissatisfactions are beginning to be felt relatively saying nothing really new exists under the sun just retitled.
FAIRNESS REQUIRES THAT THE SAME LOGIC AND LAW BE USED IN CASES THAT HAVE SIMILAR FACTS.
EACH INDIVIDUAL ELEMENT OF THE LAW MUST MATCH WITHIN ELEMENT OF THE FACTS IN ORDER FOR THE LAW TO BE SAID TO APPLY.
Situational reference materials:
Ethics and the legal profession – second edition
Edited by: Elliot D. Cohen & Michael Davis with Frederick A. Elliston
The complete IDIOT’S Guide to successfully navigate the complex civil court system
Author: Victoria E. Green, J.D.
Further Along the Road Less Traveled.
Author: M. Scott Peck, M.D in psychology
Not for profit-senior community service educational shares- promoting better awareness’s through effective communications ending Financial exploitation. You do have a voice and a choice.
Story line based upon updated references in real time perspective.
No ownership or infringements are sought nor implied in extension of self-help recovery share.
We thank all editors along with Dr. Peck for sharing his intuitive under God Lecture series and practice accrued wisdoms plus Victoria Greens enrichments adding perspective enabling another to fight the good fight against Greed based system Injustices preserving community integrity benefiting others out from under territories that lead into Hell on earth.
Freedom does not come free but is worth fighting for holding all the right reasoning’s.
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