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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

My name is Tami Goldmann. I have become an elder abuse advocate because someone very dear to my heart is being abused
and financially exploited by the Trust Department at Devon Bank and their employees. I got involved with them because I was a
caregiver for a gentleman who had an estate worth one million d ollars, his he irs oversea s. Cash , stocks and a four-unit
apartment building. He w as escorted b y me and Elder Protective Services (C atholic Charities) to Janna Duttons o ffice to w rite
his will. Dutton set him up with a trust account at Devon Bank and they hired people to drug my Senior, slander me, abuse us
both 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 the
year 2003 because there was a sharp increase in their clients adjudicated incompetent. I have discovered almost 50% end up
with 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 em bers to care for them . I also only looked into
their court case s that ended up with paid guardians so I dont know if the other nineteen ca ses were court battles with fam ily
mem bers winning custody.
Of Devon Banks nineteen clients that were adjudicated disabled, eight had Elder Protective Services (Catholic Charities or
Metropolitan) forcing them into temporary custody. When the Devon Bank gets custody of the money, its impossible for the
family/loved ones to get the ward back w hen theyre notified of the guardianship beca use they don t have the resources to hire
an attorney. Also, the attorney for the Guardian of the Estate (or Devon Bank) is the same attorney for the private paid Guardian
of the Person. No one is there to represent the loved ones or their family members. If the ward gets an attorney, its not one that
understands 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 up
against the most impossible odds. People think, All I have to do is tell the judge or attorneys that Im family and this will be
ove r wh en its just the beginning of a long drawn out custody b attle with fam ily mem bers being sla ndered and em otionally
abused. Then, after losing custody, the family members and loved ones are banned from seeing the ward, can only see them
under 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 hope
you help someone else. (You can google Devon Bank Scam to find me.) It truly is the most insidious form of emotional abuse I
have 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 abuse
them. This is probably the most difficult part for those of us who were involved with this agency. The very organization that
proclaims to protect Senior Citizens is perpetuating the most heinous crime against them. I dont know how one organization can
be given so much power to destroy an elderly persons life or why that agency is authorized to call paid guardians instead of
their clients family mem bers? Not only that, in all of the cases that Ive read, not one of those elder abu se investigators
explained to their client that once placed under guardianship they would lose all rights except the right to vote. Surely, if they
were 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 after
becoming an Estate Guardian, they liquidate every aspect of their clients estate (coin collections, jewelry, stocks, investment
portfolios, property, cars, etc.) only to invest that money into bank stocks which yield little or very low interest. (1-4%) Liquidating
assets, prized possessions or family heirlooms are n ot in the best interests of their clients or fam ilies.
Some of these clients also had their money placed into an OBRA (Omnibus Budget Reconciliation Act of 1993) or Special Needs
Trust. Their money is placed into trust and they go on public aid and in Medicaid run nursing homes. I think this is a good plan
for 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. After
the person pa sses awa y, the remainder of their trust goes to pay b ack 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 market
value), placed into trust and theyre thrown into public aid housing only to have their OBRA wasted on administrative fees or
attorn ey, guard ian and tru stee fees (especially when they have loved ones or family to care for the m at 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 - Tag1027@aol.com

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 be
con side red. Its also u nreaso nable to set one up for som eone who is w ealthy (and financially planned for th eir re tirem ent) or in
their eighties. Not to mention, why no t set up an OB RA and let the elderly live in their ow n hom es? After they pa ss away, their
property can be give n to Public A id so they can se ll it (at fa ir market value) to be reim bursed for the wards exp enses. This would
prevent attorneys and guardians setting one up only to financially exploit their client. So, in regard to an OBRA there should be
an age ca p, a financia l cap and if ca pable the elderly sho uld be allowed to live in their ow n hom es, put on Medicaid with their
properties going to the state after they die in order to have their expenses reimbursed. Ive not only solved the whole problem
but Im spa ring the taxpayers of Illinois billions o f dollars in M edicaid fraud. Lastly, Devo n Bank do esn t have to be involved at all
when there is an O BRA. Th eyre an unnecessary financial burden to the client.
In regard to the clients who we re forced into guardianship by an elder abuse investigator, Elder Protective Services should hire
legal council and pay their legal expenses to give them back to family members or loved ones. They set them up for a lifetime of
financial 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 attorn ey's involved and paid guardians of the person should also p ay restitution to
the clients and their fam ily memb ers for em otional distre ss, ab use, loss of freed om 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 and
con side r them fam ily. Ive gotten to know them intim ately through cou rt records a nd can tell yo u all about them by n am e. Im
taking the side of the ward and their loved ones because they have no voice. They were trapped into guardianship by Elder
Protective Services, an attorney tip or simply being in Rehab at a nursing home. I took all this information from the notes of
attorneys, Guardian ad Litems and Guardian of the Person and have the necessary documentation to prove each case. The
question 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 disabled
were awarded to loved ones instead of private paid guardians of the person. With the help of the Internet, it seems I have
matters under control (although Devon Bank is still winning full cu stody o ver their money). I would appreciate yo ur assistance in
getting this crime to stop. What if so me thing happens to m e? Kidnapping the wealthy o ff the city stree ts and forcing them into
private 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 disabled
then hav ing th eir lives d esign ed so the pred ators asso ciated with De von B ank can profit. T hey a re
living lives that the y neve r wan ted to live or im agine fo r them selves, be ing stripped of all rights
and ability to make choices. Sadly, most dont live very long but long enough for these
opportunists to loot their entire estate. Its the PERFECT CRIME becau se you re all going to
say that you can t get inv olv ed bec ause th eyre in litiga tion or th ey need to h ire an atto rney. Th eir
mon ey is a little tied up and they have no access to it but if given the opportunity, Im sure they
would. 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, Thomas
Kleinhenz of Rehab Assist, Shay Jacobson of LifeCare Innovations, Pamela Chwala of Nursing Resources, Janna Dutton of
Dutton & Casey Elder Law, Paul Franciszkowicz of J. Peter Latz, Amy McCarty of Monahan & Cohen, Home Instead Caregiving
Agency in Chicago (on Marine Drive), Elder Abuse investigators; Helen Grimaldi, Tamara Halloway-Lee, Jennifer Smith, Sandy
Pelka, Brandy Kukurba and Laurie Sherry.
I would like to thank you in advance for your tim e and consideration in this matter.

Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

Devon Banks 38 Guardianship Cases since 2003


19 Paid Private Guardians of Person
Date
07/03/03
09/16/03
12/22/03
04/23/04
06/01/04
07/16/04
07/19/04
11/05/04
12/03/04
01/06/05
05/18/05
05/19/05
06/10/05
07/07/05
08/12/05
02/14/06
06/12/06
05/04/07
07/23/07
02/15/08
02/15/08
03/19/08
06/06/08
06/17/08
07/23/08
12/05/08
01/27/09
02/05/09
02/05/09
06/18/09
07/21/09
01/05/10
02/10/10
02/25/10
03/24/10
04/06/10
06/15/10
08/31/10

Victim
Planekowsky, Beatrice F
Hill, Theodore C
Fountain, Patricia
Montgomery, Mildred
Levitzke, Norma
Wilson, May L
Duke, M arga ret L
Glickm an, Lucille
Wechselberger, Frances G
Fischetti, Karen
Micha elso n, Sam ual J
Spurber, Rudoph
Flynn, Thomas M
OBrian, Ann M
Hansen, Gilda
Kloda, Virginia
Johnson, Alexander
Greenbaum , Marvin
Wiegele, Bobbette
Miller, Bernice J
Miller, George B
Pena, Martin V
Wa ldron, Bridgett
Gale, Shirlee
Lawrence, Joan M
Ziarnik, J oseph Ludwig
Lehner, Heinz
Brogan, John C
Gundersen, Roy
Snyd er, Betty
Tyler, Charline
Rozner, Leokadia Z
We athers S r., Eddie
Henry, Donald B
Gipson, Romarr
West, Epa
Simm s, Lazopoulom ary
Sandt, Vega

Case #
03P5000
03P7122
03P9802
04P3180
04P4159
04P5364
04P5374
04P8182
04P8839
05P0114
05P3537
05P3552
05P4049
05P4764
05P5768
06P1099
06P4276
07P3179
07P5047
08P1063
08P1064
08P1859
08P3779
08P4029
08P4838
08P8180
09P0542
09P0799
09P1291
09P3891
09P4608
10P0045
10P0828
10P1166
10P1816
10P2091
10P3604
10P5178

Guardian of the Person


Josh Mitzen - Advocacy Svs
Josh Mitzen - Advocacy Svs
Josh Mitzen - Advocacy Svs
Family
Josh Mitzen - Advocacy Svs
Family
Family
Josh Mitzen - Advocacy Svs
Family
Family
Family
Family
Josh Mitzen - Advocacy Svs
Family
Josh Mitzen - Advocacy Svs
Family
Family
Josh Mitzen - Advocacy Svs
Family
Family
Family
LifeCare Guardianship, Inc
Family
Josh Mitzen - Advocacy Svs
LifeCare Guardianship, Inc
Josh Mitzen - Advocacy Svs
Rehab Assist, Inc
Rehab Assist, Inc
Josh Mitzen - Advocacy Svs
Rehab Assist, Inc
Public Guardian Office
Midwest Care Management Svs
Died while in custody ba ttle
Family
Family
Family
Family
Family

Attorney for Guardians


Janna Dutton
Patricia Handlin
Paul Franciszkowicz
Michael Erde

Am y McCa rty

Am y McCa rty
Janna Dutton

Janna Dutton

Darryl R ose nzw eig


Paul Franciszkowicz
Amy M cCarty/Nealis/Etc.
Janna Dutton
Paul Franciszkowicz
Rosen zwieg/Epstein
Michael Erde
Paul Franciszkowicz
James Meyer
Garafalo/Fox

Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

Guardianship Fees - Estate & Person


Victim

Total paid by
Victim

Devon
Bank

Josh
Mitzen

Rehab
Assist

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
Lawrence

Ben Topp

ElderC are

?
$63,536.23

$15,036.40

$127,173.91

$1,250.00

Ziarnik

$15,662.63
$39,807.88
?

Lehner

$159,473.46

$21,337.21

Brogan

$243,899.00

$5,932.95

Gundersen

$64,766.86

$37,782.86

Snyder

$59,463.11

$16,879.92

$125,723.63

$15,537.24

Tyler

LifeCare

$15,059.22
$34,252.51
$12,230.98
$9,018.00
$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 Josh
Mitzen are probably sim ilar to the others or $10 00.00 a m onth and $100 an hour for his "professional services." C lose to
$30,000.00 to date.
Leh ner - Has Rehab Assist but Ben Topp worked for that agency until he opened a new business five minutes from Devon Bank
last summ er. For m y report, the fees are fo r Ben To pp since he w as G uard 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 - Tag1027@aol.com

Guardianship Fees - Attorney


Victim

Paul
Franciszkowicz

Planekowsky

Janna
Dutton

Am y McCarty

Jacobs &
Rosenzwieg

Michael Erde

Ruben Garcia

$25,094.66

Hill
Fountain

$11,024.10

Levitzke
Glickman

$24,504.55
$18,860.15

Flynn

$27,795.35

Hansen
Greenbaum

$18,288.80
$6,064.00

$30,356.40

Pena
Gale

$4,747.50
$7,108.00

Lawrence

$26,677.00

Ziarnik
Lehner

$2,600.00

$11,900.00
$21,331.00

Brogan

$38,366.04

Gundersen
Snyder

$18,625.12

$13,358.00
$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 attorneys 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 believe the fees Du tton charg ed him are closer to Greenbaum .

Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

Guardianship Fees - Caregiving Agencies


Victim

Home Instead
Caregiving
Agency

Planekowsky

Glickman
Gale
Hansen

Elder Bridge
Caregivers

ER H om eCare

MidLife Home
Health

$138,872.54

Hill
Levitzke

Chicagoland
Caregivers

$88,790.80
$7,828.00
$634,718.22
$366.70
$11,772.04

Lehner

$78,674.48

Brogan

$69,250.00

Snyder
Tyler

$8,000.00
$20,200.00

Ziarnik

$500/day

Totals

$674,884.96

$75,259.09

$227,663.34

$153.933.57

$69,250.00

$8,000.00

Devon Bank a lso h ired Home Instead for Z iarnik at $500 a day. He's had that agency for tw o and a half years, payin g roughly
$450,000.00 to date.

Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

Deposited Into Devon Bank


Victim
Beatrice F Planekowsky

Deposit

Inherited by Fam ily/Charity


$393,337.83

$76,870.66

$69,825.00

Reverse Mortgage

Patricia F ountain

$243,086.43

$44,314.51

Norma Levitzke

$358,772.65

$292,524.50

$1,122,724.30

Theodore C Hill

Lucille Glickman
Thomas Flynn
Gilda Hansen

$110,000.00
$1,780,864.38

Will is in probate for 5 yea rs

$147,968.28

$18,366.22

Martin Pena

Shirlee G ale

$882,703.48

Marvin Greenbaum

Joan M Lawrence

$27,836.74

Josep h Ludwig Ziarn ik

1,000,000.00

Heinz Lehner

1,750,376.24

John C Brogan

$497,109.45

Roy Gundersen

$3,549,507.38

Betty Snyder

$1,052,764.21

Charline Tyler

$1,039,800.37

Leokadia Z Rozner

Will probated

$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 assessor
came and I was showing him the dam age. He wouldnt take it into consideration nor would he photograph it. (My father is a
prop erty assessor and I have been on more th an a hundred job sites with him. Although, I shouldnt be paid for my knowledge, I
am kn owledgea ble and De von Bank overvalued his property).
Weathers - I could never get his file. He passed away during the custody battle.
Levitzke and Gundersen - had Michael Erde as the attorney for the guardians, the heirs will inherit.
*** I cant figure out where the rest of the money is going?
Abuse Advocate for the Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Beatrice F Planekowsky 2003 P5000
Parties Involved
Janna Dutton Attorney for Guardians
(Attorney for Rozine
Badger, sister)
Devon Bank
Guardian of Estate
Josh Mitzen
Guardian of Person
San dra L Theil
Guardian Ad Litem
Chicago land Caregivers

Fees
Cas e Details
$25,094.66 Ms. Planekowsky was an 80-year-old woman with no children. Mr. Nicholas
Addante became her Attorney-in-Fact in 1996. He is like a son to her and resides
in Arizona but visited and called often. She also appointed him for protection from
her sister (Rozine). Her sister tried to withdraw a large sum of money from her
bank account and Beatrice was alerted to the transaction beforehand. Also, Ms.
$20,492.10 Badger and her children took advantage of another sibling financially. The value of
her estate was $393,337.83.
$19,754.40 January 7 th 2004 - Josh M itzen w as appointed tempora ry Guard ian of her E state
and Plenary Guardian of the Person. Its an Elder Protective Services investigation
(even though the files are removed) because Mitzen says in his notes, he was
$1,067.50 called in to investigate her finances. He also used to work for that agency. He
went through Beatrices finance s an d m ade allegations a gainst Mr. Ad dante in
regard to his relationship with her. It would serve no purpose for me to repeat
$138,872.54 them in my report other than to say that its my personal experience all loved ones
are considered gold diggers (and criminals) which is why Im providing their fees.

Lived at home
Judge Riley

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 that
Dutton requested that he fly into Chicago three times for depositions. He pleads
with the judge that he could not afford a fourth trip to answer the sam e question s.
Jud ge Riley ordered the deposition to be m ade over the phone. Dutton did not file
the three p revious ones with the court. He also explains theyre trying to get him to
account for Beatrice's finances when he wasnt in control over them nor can have
access to prove his innocence.
After b eing awarde d custody of Beatrice, Josh M itzen ordered the caregivers to
answer the p hone so she would have no further contact with Mr. Add ante.
Someone she con side red to be her son and trusted enough to put her life into his
hands.
Most of this wom ans files are m issing, including the Gu ardian ad Litems repo rt
which represent her wishes. She left her estate to Mr. Addante and those
docum ents would prove it. Needless to say, he didnt inherit. Mitzen didnt subm it
any 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 swallow
or walk. Mitzen bought her a brand-new pair of shoes with velcro strips and the
next day called her sister to talk about Beatrices death.
May 8 th 2006 - Mitzen made funeral arrangements and told the staff not to force
food on her, let her die peacefully.
May 24 th 2006 - Ms. Beatrice Planekowsky died at 4 A.M. surrounded by strangers.

Total fees for 17 months of


guardianship

$205,821.20 $76,870.66 was inherited by her family.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Theodore C Hill 2003 P7122
Parties Involved
Patricia H andlin
Attorney for Metropolitan
Family Services and
Guardians

Fees
$10,101.75

San dra Flan agan Hill


Daughter
Roderick W imberly
Attorney for daughter
Devon Bank
Guardian of Estate

$9,491.89

Josh Mitzen
Guardian of Person

$8,070.85

Ray Koenig
Guardian ad Litem

$5,293.00

Chicago land Caregivers

$88,790.80

Tamara Holloway-Lee
Elder Abuse Investigator
Dr. Will Gee
Physician

Case D etails
This is an investigation by Metropolitan Family Services (a division of Elder
Protective Services). Holloway-Lee called Josh Mitzen in on the investigation (he
used to w ork for Metrop olitan), 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 keeping
her father in a locked ward (at Alden Lincoln Park Nursing Hom e) but theres a
doctor report suggesting that she do this since h e su ffers from dementia
(Alzheimers), bouts of paranoia, hearing and seeing people who arent there and
givin g his money a way. Dem entia patients have a tendency to wander off. (Th is is
verified by Devon Banks budget submitted to the court which reads requires
twenty-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 an
emergency petition to the court. He moved Theodore back home and ordered 24
hour caregivers. (He was given $14,500 for an escrow account which should be
looked into because I ca nt 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 no
longer capable of m akin g decisions. Also in cou rt tha t day was M r. Hejazi an d his
granddaughter wh o Theodore requested be guardian. M r. Hejazi cared for him
and charged $50 a week (eight hours a day) and w as his grandson, I believe.
Instead, Devon Bank took out a reverse mortgage on his property to pay for the
fees on the left.
February 27 th 2004 - Theodore went to the hospital for wound care. Dr. Roper
ordered a feeding tube. He also refused Mitzens request for hospice evaluation
insisting his patient can live a long time. Mitzen said his client was declared
incompetent and its his right to act for him. He told Dr. Roper not to do any
procedures without directly consulting him and had no authority ordering a central
line. Luckily for Theodore, he had Dr. Ropers dedication.

Lived at home
Judge Harrison
Judge Coghlan
Mitzen as Temp Guardian

May of 2004 - Mitzen called attorney (Handlin) stating that Theodore no longer
wanted his daughter named as beneficiary of his Land Trust but in a document
presented to the court and by Mitzens own account, Theodore is no longer
competent enough to make this decision. Handlin consulted with Dr. Marshke as
to whether or not this is legal and it was never mentioned again. I checked records
online and Theodores property was transferred from Devon Bank to Butterfield
Investments LLC after h is dea th.
July 10 th 2005 - I found Mr. Hills death notice in his file. There are no other
records of him or his life just everyone submitting their bills. Theodores prope rty
going into foreclosure.
Total fees for 20 months of
guardianship

$121,748.29

Reverse m ortg age of $55,000.00 to pay their fees. I dont believe the fam ily
inherited anything.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

10

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Patricia Fountain 2003 P9802
Parties Involved
Paul Franciszkowicz
Attorney for Guardians
(Monahan & Cohen)

Fees
$11,024.10

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

December 24 th 2003 - Guardian ad Litem reports that Patricia suffers from


Alzheimers dementia. The court petition is for Elissia Simm ons to be Plena ry
Guardian of the Person, Bank One to be Plenary Guardian of the Estate. It states
that Elissia Simmons is an agent for Josh Mitzen but shes been an employee of
the law firm Monahan & Cohen since 1995.

Devon Bank
Guardian of Estate

$13,003.62

Josh Mitzen
Guardian of the Person

$12,510.00

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 also
provided a list of relatives in Canada but theyre not filed with the court and states
that he misplaced the first page of her Power of Attorney.
February 17 th 2004 - An amende d petition was filed naming Devon Bank and Josh
Mitzen Plenary Guard ians of Estate and Person.

Eduard Glavinskas
Guardian ad Litem

Once a gain, the only reco rds sub mitted to court are the last few m onths of this
womans life a lthough, they d id m ove her near her friend (M ae Grimm , I believe ) in
Wag ner Nursing H ome (Mather Pa vilion).

Dr. Sarpolis
Physician
Wagner Nursing Home

Case D etails
Patricia is 84 years old, she left her estate to her very good friend, Mae Grimm
which was held in Trust at JPMorgan Chase (or Bank One at the time). Im not
sure how Devon Bank got involved in this womans life?

$90,304.84

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

Judge Harrison
January 12th 2006 - Mitzen approves an appetite stimulant and later updates
Patricias cousin in Canada in regard to her condition.
January 23rd 2006 - After trying to contact Mitzen without success, the doctor
ordered an IV of antibiotics. When Mitzen found out, he said that he is guardian
and they must respect his wishes. His client is dying and he ordered them to
remove her IV.
January 25th 2006 - Mitzen told Dr. Sarpolis if hes not comfortable with signing the
papers to let Patricia die, he will find a doctor who would. The doctor, having no
choice, signed the orders. Th ey withheld food and water.
February 2 nd 2006 - Hospice sets up a 24-hou r vigil so she doesnt die alone.
February 5 th 2006 - Patricia Fountain passed away.

Total fees for 25 months of


guardianship - excluding
nursing home costs (Im not
sure what happened to all
her money?)

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 Grimm
beneficiary of her estate.

$36,537.72

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

11

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Norma Levitzke 2004 P4159
Parties Involved
Michael Erde
Attorney for Guardians

Fees
$24,504.55

Valerie Abel
Niece - resigned as
guardian

$1,500.00

Case D etails
This is a client of M icha el Erde which m eans h er case is very thorough. I found all
the docum ents in her file. N orm as loved ones w ere not only contacted but their
wishes taken into consideration. Mr. Erde also requested Devon Bank keep a time
sheet for p aym ent of fees.

Devon Bank
Guardian of Estate

$2,227.50

March 15 th 2004 - Norm a moved into Regency Healthcare after b eing adm itted to
St. Josephs hospital for agitation and confusion. Her niece (Valerie) petitioned the
court for guardianship in May of that year. She was her Power of Attorney.

Josh Mitzen
Guardian of the Person

$3,930.00

Home Instead Caregiving


Agency

$5,776.00

Dr. Meyer
Physician
Susan Kennedy
Guardian ad Litem

May 9 th 2005 - Expanded Mitzens pow ers as Guard ian giving him the rights to
oversee her OBRA trust. Devon Bank was no longer necessary. They resigned.
June 26th 2005 - Erde petitioned the cou rt for Hospice ca re. H e had Mitzen co nsu lt
with family members before doing so.

$999.00

January 9 th 2006 - No rma was h avin g seizures o r TIAs. Mitzen con tacts her family
and ke eps them updated to her condition. He treated Norm a kin dly. He actually
requests that the caregivers try to give her nourishment, gave her oxygen, even
offered pain medication. He also visited Norma before she died and shes one of
two clients that he did this to. I feel this is b ecause Michael Erde was her attorney.
The other client (G undersen) that M itzen visited in the hosp ital was a lso E rdes
client.

$32,548.03

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

Regency Healthcare
Center (Kenwood)
Judg e Kaw amo to
Illinois Dept. Of Heath and
Family Services (OBRA
payback)

December 16 th 2004 - Her niece resigned. Josh Mitzen and Devon Bank appointed
successor G uard ian of Estate and Person. Erde set up an (OB RA) IL Disability
Spe cial Needs Tru st with Joind er Agree me nt.

Normas a ssets as of October of 2004 were $358,772.65. Her heirs inherited (in
total) $292,524.50 in February of 2007.
Even though she was well-taken care of, we dont know how they got
involved? Devon Bank has twelve facilities in Senior Residences and Norma
was in one (Kenwood) before she was hospitalized and placed into Regency
Healthcare. A full inve stigation of the branches that Devo n Bank ha s in
assisted living facilities is necessary. In the Guardian ad Litem report dated
July 15th 2004, Kennedy states that she was brought into the case because
they want her niece to resign. And she did. Norma picked her niece also
and why her wishes werent taken into consideration, I dont know?

* Fees are inaccurate due


to an OBRA trust set up.

Fees for 20 months of


guardianship

$38,937.05

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

12

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Lucille Glickman 2004 P8182
Parties Involved
Paul Franciszkowicz
Attorney for Guardians

Fees
$18,860.15

Devon Bank
Guardian of Estate

$60,026.97

Josh Mitzen
Guardian of the Person

$65,881.13

Donald Schultz
Guardian ad Litem
Home Instead Caregiving
Agency

Case D etails
In 2004, Lucille wrote an employee at MB Financial a check (where she did her
banking), it was a gift and the bank called Elder Protective Services to protect
her. 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 Temporary
Guardian. Her estate valued at $1,122,724.30.

$4,810.00

$634,718.22

December 13 th 2004 - Schultz (GAL) reports that Lucille doesnt want to change
banks nor does she want the services of Mitzen. She told her attorney that he
threatened her. He described the detailed authority of a personal guardian and
the high cost of contesting the matter. Schultz explains to the judge that she
doesnt want them as guard ians but she got them anyw ay. Lucille also ha s to
move and she told him shed do it without Mitzens help. She tried only to have her
lease canceled by Fra nciszkow icz and moved into Self Help Hom e assisted living.

Helen Grimaldi
Elder Abuse Investigator

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

Dr. Stephen Fox


Physician

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 of
Josh M itzen or De von Bank. Jud ge Harrison holds a h earing. Schultz (G AL) tells
the court to ignore her letter. She changed her mind.

Self Help Home

$184,222.22
February 2006 - Lucille calls her friend Willie Richardson in her desperate attempt
to get out from underneath these people. Mitzen takes out an Order of Protection
against him a nd I will cite the allegations. Mitzen said that he was financially
exploiting her and I find no judgement against him in court (and please take note of
Mitzens fees). If this woman gave Mr. Richardson money, Id find a lien. I did find
beautiful letters written by L ucille to W illie thanking him for m akin g her a part of h is
family, 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 p eople nor do they take them to their
homes or introduce them to their families. They call them names like ward and
client. Lucille is banned from seeing the only person shes known as family so
others can pro fit.

Judge Harrison
Jud ge Stuart

2010 - When I check her financials, she will be on Public Aid. Of her 1.1 million
dollar estate, 800K will have been paid to caregive rs for four and a half years. This
needs to be looked into because I called Hom e Instead to get their rates (page 33).
Lucille is being charged double and if she needed that much care, why wasnt she
placed into a really nice nursing home facility instead of assisted living?
Total fees for 65 months of
guardianship (2/28/10) not
including nursing home.
Tota l for 3 an d ha lf years
of caregivers (which is a
breach of fiduciary duties
by the trustees at Devon
Bank)

$784,296.47

$634,718.22

In short, this Jewish woman deposited her money into a Jewish bank in the hope
theyd pass it onto her Jewish charities that were ignored recognition by the
International Red Cross and Pioneer Woman as she was active in that group
helping the children of Israel. Im also 99% positive Willie Richardson is also a
beneficiary. Its implied by her a ttorne y. Lucilles heirs are listed on the left.
People she never wanted in her life. Shes 92 years old now and will be on
Welfare.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

13

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Thomas M Flynn 2005 P4049
Parties Involved
Am y McCarty
Attorney for Guardians
(Monahan & Cohen)

Fees
$27,795.35

Greg Matthews
Personal Injury Attorney

$172,401.65

Devon Bank
Guardian of Estate
Josh Mitzen
Guardian of the Person
San dra Theil
Guardian ad Litem

$21,954.35

$43,630.99

$645.00

Dr. Shvartsman
Hampton Plaza Nursing
Home

$26,393.40

Judg e Kaw amo to

Case D etails
June 19th 1999 - Thomas is a military veteran who underwent nasal septoplasty at
the VA Medical Center in Des Moines, IA. This turned into a medical malpractice
lawsuit with a one million-dollar settlement. He suffered brain damage and the
hold 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. That
he w ants a priva te guardian and they need to move him here q uickly.
January 11th 2005 - Mitzen is g oing to front Thom as the money to get here. Hell
get reim bursed by the se ttlem ent but Thom as w ould like his friend Al to be his
guardian. 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 getting
married to his girlfriend, Lillian. Mitzen says he explained to him that there will be
no money, it will all be going into an OBRA Special Needs Trust, hell live in a
nursing home for the rest of his life and be on public aid. I dont believe Thomas
understood nor do I think it would make a difference. I truly honestly believe that
Thom as settlement attorne y (Matthews) was trying to look out for his best interests
by telling him what was going to happen once placed under guardianship. That he
would have no life.
July 18 th 2005 - Devon Bank and Josh Mitzen were appointed Plenary Guardians
of Estate and Person.
August 22nd 2006 - Thomas wins his settlement of $950,000.00. $650,000.00 to be
deposited into an annuity. $110,000.00 given to Devon Bank to set up a
Sup plem ental Needs Trust on Th om as be half. W hich means he didnt ge t a
penny. He is now on public aid with his settlement mon ey paying administrative
fees. Also, they dont need Devon Banks involvement with an OBRA.
2007 - In M itzens notes, he chased off Lillian, Tho ma s girlfriend. Im not going to
repeat the allegations, look a t the fees on the left. There is no more mention of his
sister Kathy or his friend Al either.
October 14th 2009 - In M itzens repo rt to the court, Thom as still thinks hes go ing to
get better and be able to buy a home. Instead, they splurged and got him his own
private room at the nursing home. They say hes not capable of making decisions
but has no problem taking the bus everywhere he goes.

Total fees for 51 months


guardianship (including the
nursing home)
Special Needs of cigarettes
and Pepsi

$120,419.09
$4,795.98

On March 30 th Thomas will be 59 years old. A military Veteran who fought for our
country and all he wanted was a wife and home. The American dream. Youll find
him 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 of
September 10, 2010.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

14

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Gilda Hansen 2005 P5768
Parties Involved
Janna Dutton
Attorney for Guardians
& Catholic Charities
& Reno Vitorelli (who is
the nephew of Gilda)
Jam es W olf
Attorney for Gilda

Fees
$18,288.80

$17,524.65

Milagros Hernandez
Gildas fam ily
Anthony Campanale
Milagros Hernandez Atty.
Devon Bank
Guardian of Estate

$7,476.71

Josh Mitzen
Guardian of the Person

$4,455.00

Patricia Hogan
Guardian ad Litem

$5,037.00

Helen Grimaldi
Elder Abuse Investigator
Dr. Geoffrey Shaw
Physician

$2,100.00

Dr. Terleckji
Gildas personal physician

$250.00

Home Instead Caregiving


Agency

$11,772.04

Jud ge C onn ers

Total fees for two months


guardianship

July 25 th 2005 - Grimaldi was called to investigate alleged financial exploitation by


Milagros (Mila) Hernandez. Gilda was a 93-year-old woman who lived in an
apartment above her and Mila had Power of Attorney over her healthcare. Theyve
kno wn each o ther for more than fifteen yea rs. G ilda was even godm other to Milas
son, Philip. Grimaldi actually stated under oath that Mila told her that shes nothing
mo re tha n a gold digger out to inherit Gildas money wh ich I find really h ard to
believe. 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 woman
offering their personal protection.
Catholic Charities also subpoenas Gildas medical records and finds out that she
was in the hospital for a sub dural hematoma a few months prior and even though
they have a neurologist (Glassenburg) stating Gildas fine, Dutton wants to send
Gilda to her doctor for further testing. I had a well-respected attorney in Chicago
tell me that all Elder Law Attorneys have doctors they hire to call their client
whatever they want them to be called. If they want them competent or
inco mpetent in a certain area, they p ay the doctor to w rite th e diagnosis. W hich is
what Dutton is doing. She hires Dr. Shaw who actually comes out and states,
vulnerable to financial exploitation amongst so man y other things. Shes also
suggesting that they call the police in regard to Mila and her only crime? Loving an
elderly woman, caring for her and treating her like fam ily. Dutton freeze s Gildas
assets and even petition s the court for M ila to take a psych ological exam ination .

$750.00

Dr. Glassen burg


Neuropsychologist
Dr. Hanlon
Neuropsychologist

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

$66,654.20

August 2005 - Hogan (GAL) goes out to visit with Gilda and what she wrote about
how well she was taken care of by Mila and her family was absolutely lovely. She
also stated in her report that Gilda was so alert, she handed her the statement of
rights in regard to the guardianship hearing. Gilda read it aloud without reading
glasses an d understood every word. Then Hogan asks if she wants to appear in
cou rt and Gilda tells h er no. (I see this in all the reports from Guardian ad Litems
and they need to clear that up. The elderly person believes that when they say
no the cou rt is over. It wo nt take p lace . They n eed to clarify that the ca se is
going on without them regardless of their appearance.) Gilda explained to Hogan
that Mila set up a cot for her (behind a screen) in her own living room and she
sleeps in her apartment by choice. She brags about Philip and raising him as her
own son and that she is truly loved by the entire family. (You could feel the love
pouring from this docum ent). The judge orders Hogan to return for another visit
and she urge s Gilda to g et an attorn ey and go to court.
September of 2005 - M itzen and Grima ldi visit with Gilda and she refuses their
help. There are many court documents with Gilda pleading with her attorney,
Dutton, M ila and anyone else to get H elen Grim aldi aw ay from her, shes ab usive.
Im not sure w hat can be done about an elder abuse inve stigator that abuse s their
own clients? G ilda was crying and begging people understand.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

15

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Gilda Hansen 2005 P5768 Continued
Parties Involved

Fees

Case Details
Im not a legal analyst but her attorney, James Wolf lived up his name. He tells the
cou rt tha t Gilda has b een su bjected to three exam inations an d all but one (D uttons
doctor) she passed. Dutton wants to send her for more testing to justify destroying
Gildas life in order to m ove in Jo sh M itzen and Devon Bank. Wolf states that his
client, is not, and should not be treated as, a laboratory guinea pig. He lost that
battle, Dutton hired another do ctor and paid him $2100 to write the incom petent
diagnosis. Subpoenas were flying and Wolf lost. He didnt have a chance. He
was up against organized crime.
Decem ber 6 th 2005 - Devon Bank and Josh Mitzen appointed Limited Guardian of
the Estate and Person. Gilda is ordered to move back upstairs to her a partm 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 the
hospital and Mitzens only concern was that the caregivers call him if she causes
trouble. Then orders Dr. Terleckji (Gildas personal physician) and all the other
doctors not to talk to her directly for he is the guardian. Mitzen also orders
sedatives (and tells everyone to keep this quiet). Seven days after admitting her
into 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 for
dism issal.
January 2006 - About a month after Mitzens involvement, he calls Transition
Management to inventory Gildas assets in her apartment. He also filed a
complaint with Swedish Covenant Hospital for not honoring him as guardian.
January 28th 2006 - Gilda Hansen died surrounded by her loved ones. Mila, her
son Philip and Eduardo w hom I believe is a cousin. Mitzen d idnt bo ther.
I checked court documents and Dutton was representing the nephew. Its five
years later and there is still a court fight and I cant get m y hands on that case file.
I understand this too because Im a caregiver. You spend time taking care of
someone 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, taking
them to see their doctors, to the emergency room, even loving them just like
theyre your own family and their blood relatives are nowhere to be found until the
will is read. I understand if its family money passed down through the generations
because your forefathers were creating a legacy and wanted that money handed
down. I dont understand it in this case. In cou rt docum ents, Dutton handed all
Gildas money to a family member who never visited. This is the second time she
decided who was the heir (see Planekowsky) and its not her d ecision to m ake.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

16

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Marvin Greenbaum 2007 P3179
Parties Involved
Janna Dutton
Attorney for Guardians

Fees
$30,356.40

Paul Franciszkowicz
Attorney for wife & son

$6,064.00

Julie Katz
Divorce Attorney

$9,200.00

Devon Bank
Guardian of Estate

$20,034.61

Josh Mitzen
Guardian of the Person
($800 a month from
Ma rvins ex-wife in marital
agre em ent)

$16,331.15

Miriam Solo
Guardian ad Litem

$1,236.00

Dr. Kitchen
Physician
Lieberman Nursing Home

$58,489.24

Judg e Kaw amo to

Illinois Dept of Health and


Family Services (payback
from OBRA)

April - June 2007 - Mitzen calls Phyllis with a goal to take over guardianship of
Marvin. She explains to him that she wants a divorce. To sell their property and
Mitzen makes a suggestion to have an estate guardian. She asks him if he can
find a bank that will do this. Mitzen calls First Bank but (he says) they refused then
he makes a call to Devon Bank. He also calls Janna Dutton to be the attorney for
the Guardians.
May 9 th 2007 - In Solos report (GAL), she states that Franciszkowicz spoke to her
and explained that Marvin was in agreement with guardianship with Mitzen and
Devon 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. She
did and M arvin got upset. He w as in a gree me nt with anything that m ade his wife
happy. Solo was also worried that Marvin was getting taken advantage of
financially and because Phyllis hired Mitzen, he would be acting in her best
interests and not in the best interest of Marvin. Franciszkowicz responded to her
and went overbo ard in his de fense about introdu cing Mitzen and D evon Bank into
Marvins life, in my opinion.
June 8 th 2007 - Devon Bank and Josh Mitzen appointed Plenary Guardian of
Estate and Person. Dutton filed papers quickly so the property could be sold.
October 7 th 2007 - After selling the property, they established an OBRA Special
Needs Trust. Devon Bank should have resigned, theyre an unnecessary financial
burd en to their client.

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

Marvin Special Needs

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

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


February 26 th 2008 - Devon Bank petitions the court to retain a divorce attorney on
behalf of Marvin.
$1,778.08
$90,243.71

October 28th 2009 - Katz (divorce a ttorn ey) was ordered to m odify the language in
regard to the property distribution made to Mitzen. Dutton modified it for her and
they slip the marital settlem ent by Jud ge Cesario. Both Marvin and Phyllis paid
Mitzens fees. Her portion was $800 per m onth. Marvins to the left.
April 15th 2010 - M arvin passed away from diabetes and congestive heart failure.
His estate once worth $147,968.78. His son inherited $18,366.22. Once again,
Ma rvins heirs are to th e left.

Guardian fees for 34


mo nths (inaccurate due to
OBRA an d divorce
agre em ent)

$83,222.16

Im not sure who was supposed to look out for this poor man? Marvins son was
grief stricken over his father having a stroke at the age of 63 and his wife wanted
out of the m arriag e. Franciszkowicz introduced Mitzen a nd D evon Bank to
capitalize on this families heartache.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

17

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Shirlee Gale 2008 P4029
Parties Involved
Paul Franciszkowicz
Attorney for Guardians

Fees
$14,761.00

Craig S. Meilke
Attorney for Son

$1,567.30

Sheryl Fuhr
Attorney for Ward

$7,008.95

Devon Bank
Guardian of Estate

$15,063.40

Josh Mitzen
Guardian of the Person

$15,662.63

Sherry Fox
Guardian ad Litem
Home Instead Caregiving
Agency

$2,667.50

Belmont Village
Transition Management

June 26th 2008 - Fox (GAL) interviews Shirlee. Once again, it would serve no
purpose for me to repeat the allegations that Fox made against Shirlees children
other than to say that its my personal experience that all loved ones are
considered gold diggers. Fox orders an investigation into her son based on
Shirlees de lusions even though Dr. Ruhl is telling her m edical testing supports
severe d em entia and psychosis.
July 2008 - Mitzen contacted Fuhr (and Im not sure how they got involved other
than his mother is on the board of directors at Lieberman and he may know the
staff?) He went to see Shirlee in the nursing home and took her house key then
went over to rifle through her p ersonal possessions. Later calling Fuh r in reg ard to
what hes discovered about Shirlees assets.

$366.70

Dr. Ruhl
Physician
Council for the Jewish
Elderly - Lieberman
Rehab

Case Details
In 2008, Gary Gale petitioned the court for guardianship of his mother. She had
fallen, broken her hip and went to Lieberman for rehabilitation. Dr. Ruhl
(psychiatrist) states that Shirlee is suffering from dementia, is delusional and can
no longer make decisions. Shirlee is 91 years old and takes two medications for
Alzheimers.

$41,595.80

$129,482.57
$6,438.75

Jud ge Stuart
Judg e Kaw amo to
Signed temporary
guardianship to Mitzen

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 going
pro se when she lacks the mental capacity to understand what shes doing nor do
they mention it in court documents. Mitzen also claims that he met with Gary that
day. He said he has no interest in being his mothers guardian which makes
absolutely no sense because why would he petition the court for guardianship or
even show up? He also later stated that Jeffrey (her other son) is not interested
except its m entioned that he flew in from California.
August 2008 - M itzen talks to Shirlee about having a financial guardian and calls
Rick Blo ck, trustee from Devon Bank. Block to ld her that he co uld potentially h elp
her if she named a guardian and Mitzen says she was very receptive of the idea
then states its hard to keep her focused. He also says that shes decided on
Devon Bank, takes her to another doctor (Malina) who tells him that she lacks the
mental capacity to make decisions. This poor soul doesnt even know whats going
on and theyre allowing her to make her own decisions by appeasing her and
saying she can go back home to live. They moved her to Belmont Village.
September 17th 2008 - Devon Bank and Josh Mitzen appointed Plenary Guardians
of Estate and Person.

Guardian fees for 25


months

$63,536.23

September 26th 2008 - De von Bank hires Transition Mana gement to inventory
Shirlees 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, very
neat and tidy. Sh e estimates the contents value between four an d six thousand.
There is a petition filed in April of 2009 to sell her personal property that I cant find
in her file and on the same date, they petition the court to sell her home stating
they did a diligen t search of her reside nce and ca nt find the title. It wa s he ld in
trust but her attorney died. They eventually sell her home at half price.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

18

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Shirlee Gale 2008 P4029 Continued
Parties Involved

Fees

Case Details
November 24 th 2009 - A substitution of council for the Guardians is filed with the
court. From Monahan & Coh en to J. Peter Latz. Which means Franciszkowicz
changed law firms.
Devon Bank is also filing Shirlee Gales 2010 financials under Joan Lawre nce s
court docket num ber. I found them when I w as Xeroxing Jo ans file.
I know I should probably keep my em otions o ut of this but cant. Reading this
wom ans file was incredibly heartbreaking for me and writing it is even m ore
difficult. I left the courthouse crying. This poor wo man is suffering from Alzheimers
type dementia and fell. While in Rehab, she ran into a con artist who took her
house key and let him self into her home in order to che ck out her finances. In his
notes, Mitzen says that she cant understand him but he cant cap italize on that.
They force Shirlee to go pro se th en try to find another doctor to justify doing this
to her but cant. Obviously, Shirlee was, in fact, suffering from dementia if they
couldnt even pay a doctor to say otherwise. Not only that, shes alive. If she knew
what rea lly happened to her, it w ould kill her.
Do you want to kno w w hat these so-called profe ssionals would sa y? W hy d idnt
the children fight for custody? Because they lost the minute these people walked
into their mothers life. (Go back and read about Gilda Hansen). Mitzen has thirtyone guardianships and he calls himself care manager on countless others when
he has no educational background. Hes an attorney that took the public guardian
exam and if yo u rea d the GAO report, th en youd know they used social security
num bers of two felons to get certification in Illinois.
Someone needs to get these people to stop profiting off the weak, sick, helpless,
defensele ss, vulnerable, disabled and elderly. If w e dont do som ething to get this
to end, were going to have to set up a family member like a gargoyle to watch over
our parents while theyre in the hospital or well never see them again.
Shirlees estate was worth $88 2,703.48. The only reason I can think of why theyre
not w asting this wom ans money is the fa ct that I published it all over the In terne t.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

19

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Joseph Ludwig Ziarnik 2008 P8180
Parties Involved
Janna Dutton
Attorney for Guardians
Devon Bank
Guardian of Estate
Josh Mitzen
Guardian of the Person
Ray Koenig
Guardian ad Litem
Dr. Stephen Fox
Lau rie Sherry
Elder Abuse Investigator
Home Instead Caregiving
Agency
Judge Coghlan

Living Trust - no financial


docu men ts filed with
court.
Lives at home

Fees

Case Details
If I wasnt involved with him myself as this gentlemans caregiver, I wouldnt know
what was going on because Janna D utton didnt file anything with the court.
I called Elder Protective Services (Catholic Charities) because Ludwig had a lot of
mo ney, his two lady friends stopping by to put him a diabetic sugar high in order to
take his cash and write themselves checks.
January 2008 - La urie Sherry (abuse investigator) escorted me and Ludwig to
Janna D uttons office so he could se t up his financial affairs and write a w ill.
Dutton set him up with a trust account at Devon Bank, made Ludwig co-trustee and
protected his property from being liquidated by putting it into a Land Trust. I was
his Power of Attorney in regard to health. A few weeks later, Laurie Sherry called
and told Ludwig that Devon Bank wont manage his money unless he signs off on
being co-trustee. She came over and forced him to sign off on his money.
June 200 8 - Sally Griffin and R ick Block (bank trustees from D evon Bank) are
showing Ludwigs property to management companies. Block was running around
bragging about having free reign over the old mans half a million, no courts to go
through and talking about all the people he owed jobs to. (I found out later that
Ludwig set up a Living Trust which is another word for Predatory Trust because
his expenses dont have to be approved by a judge.) The day after we transferred
Ludwigs money over to Devon Bank, Griffin fired me. She said that she hired Josh
Mitzen as my replacem ent. I didnt understand at the time beca use I was Lu dwigs
Pow er of A ttorne y over his healthcare. Griffin meant as Guard ian of the Person.
September 2008 - Dutton ran to Ludwigs daycare and forced him to sign
guardianship papers over to Mitzen and I will cite the allegations - I was an abusive
controlling gold digger. She made Ludwig go pro se and asked the court to be
tested in regard to his com petency. Ludwig told me that when he passes the test,
hes firing them all. I told him that hes not g oing to pass, he said I u nderestim ate
him . No, I dont. I dont underestimate his h alf a million d ollars and the gold
diggers w ho w ant it. (Later, M itzen to ld me that Dutton justified forcing Ludwig into
guardianship with him because the director of Ludwigs daycare called the trustees
at Devon Bank and reported me abusive. She never made this call. I spoke to the
director m yself before I was aware of th e lie.)
They drugged and abused him. Devon Bank hired Home Instead Caregiving
Age ncy (at $5 00 a day) and the careg ivers put Ludw ig on a diabetic sugar high. It
was horrifying to watch and I cant talk about it. I published my story online. I sat
there and collected evidence, took notes, photos, xeroxed, etc.

Estate valued at over one


million dollars. $525,000.00
in cash.

It wa s too big for me and I had a cha nge of plans. I calle d Laurie Sherry a nd told
her that Devon bank wouldnt give Ludwig a copy of his trust account (or assets)
and Dutton w ouldnt give him a copy of his will. That before I got kicked out, I
needed to m ail them to his family in G erm any. She got alarmed and ordered him
cop ies. Devon Bank sent out a copy of his trust (October 2008) and they sold all
his 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.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

20

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Joseph Ludwig Ziarnik 2008 P8180
Parties Involved

Fees

Case D etails
Dr. Stephen Fox called Ludwig incompetent only in the area of finances. Mitzen
told m e. Imagine the coincidence.
December 2008 - After awarding Mitzen with Temporary Custody, Dutton mails the
cou rt docum ents to Ludwigs niece and nephew w ho live in West Chicag o. His
niece starts calling her office, explaining that shes family and will take care of her
uncle. Dutton told her that shes n ot her client, she ca nt talk to her. (I didnt tell his
family too much. I felt the situation was too dangerous for them, they have children
and Ludwig and I w ere g etting so abused.)
January 2009 - Ludwig asked me to take him to court to postpone his hearing so
his siste r could fly in from G erm any. He d idnt ha ve any m oney and she needed to
hire a lawyer. H is friend Paul was m akin g the arrangem ents. Ju dge Coghlin
postponed the hearing and I met Koenig (GAL) who slandered m e in court
documents and I never even met the man. He didnt even bother doing his job by
interviewing anyo ne but Ludwig and Mitzen. Ludwig understood that day that his
attorney was crooked and was crying in the courthouse lobby.
February 2009 - His sister flies in from Germany but the friend that was supposed
to get her an attorney, didnt. Dutton came running over to Ludwigs house to lock
him into M itzen. L udw ig wouldnt stop p icking me for gu ardian. Du tton said that I
dont qualify because Im not a professional or family member. (A few months
later, he was begging Dutton to assign his niece and nephew he was being so
abused. Dutton said they dont qualify because being a guardian is a job for
profession als.) We ALL (me, Ludwig and his sister) tried to get a cop y of his w ill
that day. Dutton m ade a big scene in his office yelling at everyone then finally
agre ed to send it to his sister. She never m ailed h er the Land Trust docume nt.
March 2009 - I reported Mitzen and the caregivers to Elder Protective Services for
drugging, abusing and neglecting an elderly man. Sherry forced Mitzen to take
better care of Ludwig but didn't stop the emotional abuse.
April 2009 - I wrote Dutton a long letter in regard to the abuse and financial
exploitation she set up for Ludwig. She handed me an eviction notice then offered
me $500 if I would m ove in five days (the a partm ent I lived in never rented). I
declined. I showed Ludwig the eviction notice and he asked me how they can
throw me out of my own home? Hes told me (many times) that his property is in a
Land Trust with my name on the title and I dont know how this is possible since I
didnt sign anything BUT if it is true, Id like to see it. It doesnt matter if I inherit or
if Devon Bank throw s a reverse m ortgage on it. They can t rob me of the gesture
he made. Id also like to see the docum ent dated April 1 st 2008, the original.
September 2009 - Devon Ban k threw out all Ludwigs personal property - priceless
books, fam ily photographs, co rrespo ndence, they tossed everything. The m an is
bankrupt too. Devon Bank w as h avin g a financia l free-for-all.
Novem ber 2 009 - I pub lished the filthy racket online. In 2011, Ill publish the re st.
Som eone needs to give these poor souls a voice.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

21

Report of Devon Bank and Josh Mitzens Eleven Guardianships


Roy Gundersen 2009 P1291
Parties Involved
Michael Erde
Attorney for Guardians

Fees
$13,358.00

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

Jan uary 2009 - In Erdes n otes, hes talkin g to Roys cousin a bout guardiansh ip
and the second phone call was to the Condo Association (Beach Point Tower or
Lieberman Management Services) so I think they turned Roy in.

Devon Bank
Guardian of Estate

$37,782.86

Josh Mitzen
Guardian of the Person

$12,230.98

Gregg A G arafalo
Guardian ad Litem

February 12 th 2009 - Levinson exa mined Roy a nd said he suffers from Alzh eim ers
type dementia. Seven days later, they petitioned the court to sell his Condo.

$1,395.00

Michael H. Levinson
Physician
The Breakers

Case D etails
Roy wa s a 79-year-old mathema tician that authore d a book (on e ngineering, I
believe). Im not sure how they got involved in this gentlemans life either? He
owned a Condo on Sheridan near Lake Shore Drive. They said it was cluttered
and in disrepair. His cousin petitioned the court for guardianship and assigned
Josh Mitzen and Devon Bank.

$49,076.21

March 30 th 2009 - Garafalo (GAL) interviewed Roy and during the interview he
asked if Roy understood his rights. Roy questions, an individuals ability to file a
complaint against him with no basis. He also says that he does not want to give
one individual or one bank authority over his personal or financial decisions.
Garafalo didnt tell any of this to the judge on R oys behalf.
April 1 st 2009 - Devon Bank and Josh Mitzen appointed Limited G uard ian of Estate
and Person. They moved Roy out of his Condo into The Breakers. All the
documents say that Roy doesnt want to live there but no one does anything about
moving him back home.

Judg e Kaw amo to


November 2009 - Roy shows Mitzen his Power of Attorney, apparently he picked
someone else. Mitzen told him that he doesnt need it anymore.
Decem ber 2009 Jan uary 2010 - M itzen takes Roy to his C ondo and basically te lls
him that its going to be sold . Roys ill. H e beco mes confused and M itzen ca lls it
mental declin e and I call it hearta che ove r the fact that his home is b eing so ld
out from underneath him without having a choice in the matter. They had limited
guardianship too so Roy should have had a say in regard to this decision.
Februa ry 2010 - M itzen says that R oy w as acting strang ely so they adm itted him to
We iss M em orial Hospital. Roys heart rate was irregular and he w as agitated.
Hes not sure if he had a heart a ttack o r stroke? T hey put him in restra ints
because 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.

Total fees for 10 months


guardianship

April 30th 2010 - $3,549,507.38. I dont know how much his fa mily inherited? His
estate being proba ted until January 2011. So, the fees to the left are incorre ct.
$64,766.84
It seems someone reported this man because they wanted his condo. Is this what
its coming down to? Erde w asnt a very good advocate either.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

22

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Heinz Lehner 2006 P0542
Parties Involved
Paul Franciszkowicz
Attorney for Guardians

Fees
$21,331.00

Devon Bank
Guardian of Estate

$21,337.21

Case D etails
This is an Elder Protective Services investigation who said that hes being
financially exploited except the trustees arent going after anyone to recover the
stolen money. The elder abu se investiga tor didnt bother calling his fam ily either.
Heinz is 92 years old, his w ife recently p assed away. Esta te worth $ 1,750,376.24.
January 23rd 2009 - Dr. Amdur says hes totally incapable of making any decisions.

Benjamin Topp (Rehab


Ass t.)
Guardian of the Person
James Meyer
Guardian ad Litem

$15,059.22

$2,021.25

February 2009 - Topp (guardian) makes a house key, mails it to Devon Bank so
they can search his hom e while he s out w ith Heinz at th e Shedd Aquarium .
Devon Bank rumm ages through his home and removes all his valuables. They also
force 24 hour caregivers on him w hich hes tolerating.

Jennifer Smith
Elder Abuse Investigator
Mark Amdur
Physician

January 30th 2009 - For some reason Smith petitioned the court for Devon Bank
and Topp to be Temporary Guardians. She also escorted the Guardian ad Litem
to his ho me to con duct the interview. Meye r (GAL) suggests to the cou rt tha t its
an eme rgen cy and that they need to put him under gua rdianship imm ediately.

$800.00
February 27 th 2009 - Devon Bank and Benjamin Topp appointed Plenary Guardian
of Estate and Person.

Elder Bridge Caregiver

$78,674.48

Food for Heinz &


Caregivers

$20,250.00

Judg e Kaw amo to

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 they
ransacked his h om e and rem ove d his pe rsonal property. N ow the neighbor is
expressing concern over Heinz and why theyre doing this to him. Its breaking my
heart to read these notes, it goes on for pages (or months) of this poor man being
so upset about them taking over his life. They take his Visa and give him a $100
gift card instead but eventually give him a debit card.
April 2009 - Heinz writes a letter to the police about his gun and money. Then
requests that Devon Bank return his wifes jewelry, her death certificate, his gun
and coin collection. Topp says hes calming him down but Heinz is demanding the
return of his Luger pistol and valuable gold coins! (I wouldnt give him a gun in that
state of mind.)
May 18 th 2009 - De von Bank p etitioned the co urt to liquidate Heinzs gold coin
colle ction for 29K. Allegedly they said that he wanted them sold if he cou ldnt
have them in his home. (They also sold his 97 Buick.) Two days later, Topp says
in his notes that H einz would love to sell his co ins an d 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?)

Total fees for 12 months


guardianship (2/28/10)

$159,473.16

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

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

23

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
John C Brogan 2009 P0799
Parties Involved
Jam es C Kemper lll
Stepson

Fees

Tracy Brogan Black


Daughter
Eve Epstein
Attorn ey for Guardian of
Person

$16,936.50

Wilson & Wilson


Darryl Rosenzweig
Attorney for
Guardian/Brogan

$39,586.00
$38.366.04

July 13 th 2009 - Devon Bank and Rehab Assist appointed Limited Guardian of
Estate and Person. October 14 th 2009 they becam e Plenary Guardians.
Fortun ately, Devo n Bank do esn t have a ll this g entlem ans money. It looks like his
wife has an account at N orthe rn Trust to prote ct his assets. (She passed aw ay.)
$5,932.95

Thom as Kleinhenz (Rehab


Assist) Gu ardian of
Person (Including tickets
& Limousine service)

$34,252.51

Theodore Rodes
Guardian ad Litem

$38,575.00

Amdur
Physician
ER H om ecare

$1,000.00

$69,250.00

Judge Coghlan

There is a lien against a


woman that owes John
150K and another woman
and their gu ardians hip
fees will surpass any loan
he made.
Total fees for 12 months
guardianship:

May 19 th 2009 - Johns attorney (Towne) files a cross-petition stating that neither
children are appropriate to be guardians. He flat out refuses James (stepson) and
says Tra cy (daughter) cant be guard ian because she doesnt live in the state.
Wh ich is so untru e. To wne nominates Devon Bank and Rehab Assist.
June 2009 - James files his response and both siblings are ONLY looking out for
Johns be st interests.

Ma ry Griffin
Attorney for James
Kemper - stepson
Devon Bank
Guardian of Estate

Case D etails
Im not sure how Devon Bank got involved in this gentlemans life? John is a 95year-old man who was being financially exploited by various women and now
Devon Bank a nd Rehab Assist. There are actual judgm ents against two women in
cou rt records a lthough, I think D evo n Bank ha s a lo t of nerve sa ying anyon e is
exploiting the elderly. His stepson pe titions the court for guardianship in February
2009. Both children were working together to help John.

$243,899.00

August - December 2009 - In Rehab Assists notes, they talk about people who
appear to be accessing the ward and otherwise tapping into his generosity and
protecting the ward from opportunists then take John out to dinner four times, has
ten lunches at the club, escorts him to the Opera three times and uses a
limousine service to take him out. John paid for the food, the tickets and limousine
ride AND $6,615.75 for th e Guardians time . I dont understand how this isnt
cap italizin g on an elderly m ans ge nerosity? A Guardian of the Person is
someone who oversees living conditions and m edical treatment of the ward. Going
to lunches, dinner and the opera has nothing to do with Johns care and its more
economical to have the caregiver take him out. (Also, a luncheon date on 11/13/09
for $467.50 was billed twice to John and Rehab Assist owes him. Whos watching
his money?) They also have all these caregivers coming but need to hire a
housekeeper to boot. They cant clean?! Not to mention, every time theres a
problem with a caregiver, Rehab has to talk to Epstein at $110 and $250 an hour
respectively. Epstein is very concerned about her client calling every couple days
for a status check. It seems Johns guardian cant make a simple decision without
her. T he only expenses that I can justify are his da ughters airfare (to visit with
him) and his granddaughters college tuition aside from Joh ns activities. (Theyre
also leasing a car.)
There are so many attorneys because theyre trying to get the money back from
the ladies who exploited John and sadly, this court case will go on forever eating
up most of Johns estate. Not to mention, I see nothing in Rehab Assists notes as
to talking to Johns daughter in regard to his care. She should be consulted and
shes not. Quite the contrary, when Tracy came in to visit with her father, Rehab
Assist made sure there was a caregiver present at all times. Heaven forbid he be
alone with his daughter to tell her whats really going on.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

24

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Betty Snyder 2009 P3891
Parties Involved
Paul Franciszkowicz
Attorney for Guardians
Kathleen Meersman Murphy
Guardian ad Litem

Fees
$17,376.00

$2,098.20

Devon Bank
Guardian of Estate

$16,879.92

Rehab Assist
Guardian of Person

$9,018.00

Sandy Pelka
Elder Abuse Investigator
Kevin Conway
Bettes Attorney

$5,022.99

Alexian Brothers
Beh avioral Health

$1,068.00

Midlife Hom e Healthca re

$8,000.00

Dr. Santos
Physician
Dr. Amdur
Physician
Judge C onners
Judge Riley
Judge Fleming
Jud ge Stuart

Case D etails
Bette is a 79-year-old woman who never married. She took care of both her
parents before they died, her father being a Defense Contract Auditor for the
government. She has three Masters degrees and before retiring four years ago,
Bette taught Special Education for children and young adults with learning
disabilities. Being very active in her community (where she resided for more than
twenty five years), Bettes a clergyman at a nearby hospital, Sunday school
teacher, helps the homeless and attends prayer and bible groups sometimes
holding them in her own home . Tha t was before h er life ca me to an abru pt halt.
She gave $50,000.00 to a scam overseas and when she realized that she was
being exploited , she repo rted th e incident to the Inverness Police Departm ent.
They called Elder Protective Services (Catholic Charities) to investigate. Her
estate valued at $1,052,764.21.
Pelka (elder abuse investigator) petitioned the court on behalf of Devon Bank and
Rehab Assist instead of contacting Bettes family members (who reside in Indiana
and Wisconsin). Many documents are suggesting that Bette is in so much danger
because shes demented and about to transfer the bulk of her estate to scam
artists. If this were true, she wouldnt have gone to the police or they would have
found out after her m oney gone.
June 2009 - Bette w as o rdered by E lder Protective Services to go for a psychiatric
evaluation at Alexian Brothers. The Inverness Police Department went to her
home, coaxed her out of it and promised that they would escort her to th e hosp ital,
wait then escort her safely home. That didnt happen. When Bette got to the
hospital, the y held her hostage for five days as they ran p sych iatric tests in order to
justify taking over her life and estate. Murphy (GAL) also interviews Bette but
reads the doctor report stating she suffers from delusions and that she voluntarily
admitted herself for psychiatric tests when she was forced. Bette also tells her she
wants to be in court for her hearing but in the very same sentence Murphy says
shes not confirm ing whether or not she intends to appear. Isnt it Murphys job to
make sure shes there?
July 6th 2009 - Devon Bank and Rehab Assist appointed temporary guardians of
Estate and Person. This so-called dem ented wom an drove herself to co urt,
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 a
ride to the courthouse?
Septem ber 2 nd 2009 - Devon Bank and Rehab Assist appointed Limited Guardian
of Estate and Person.

Total fees for 12 months of


guardianship

$59,463.11

October 16th 2010 - I find a letter written by Dr. Amdur, a psychiatrist. He was
asked to visit with Bette to test her m ental capa city in regard to writing a n ew will.
Am dur states that Bette is angry and hypo manic bu t doesn t explain why she feels
this way or all that shes been through. He also gave her a score of 23 on the

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

25

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Betty Snyder 2009 P3891 Continued
Parties Involved

Fees

Case D etails
Montreal Cognitive Assessment which means she is mildly impaired then states
she scored low on the recall part of the test. Ive seen this administered on two
other senior citizens (the psychiatrist gives a list of five words to remember then
asks for the list later) and the other two seniors couldnt remember them all either
with their doctors saying thats no rmal. Dr. A md ur also question s Bettes ab ility to
understand a will, asks her about the value of her estate then says she
undervalued her property. Bette expla ins that the real estate market is currently
depressed. He goes onto say that she retains the capacity to formulate plans,
consider options, gave an accurate rendition of her family then gave him a
reasonable answer as to why she wanted to revise her will. Then further states
that even though shes para noid (and I wou ld be too) th at shes NOT delusional.
So, in Dr. Amdu rs professional medical opinion, Bette retains full testamentary
capacity so why is she u nder guardianship? He also contradicts Alexian Brothers
in regard to Bettes state of mind.
February 2011 - Bette was placed under full guardianship. She was asking for
money and op ening bank a ccounts. She w as asking for mo ney because its hers
and its my personal experience that Devon Bank is very sting y with their clients
while they lavish it on their employees. They treat their clients like criminals that
are 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 too
demented now and are forcing her to take a drivers test thats given to those who
suffer strokes. (And I pray to G od that she passes b eca use if she doesn t, it will
devastate her.) Even though sh e is b eing prote cted from scams overseas, whos
protecting this woman from being scammed by Devon Bank? The fees for one
year of guardianship are greater than the amount she was scammed out of and her
nightmare just began. Not only that, shes no longer doing the charity work that
she loved so much. Elder Protective Services, Devon Bank and Rehab Assist
have not only destroyed Bettes life but theyve destroyed a community by robbing
it of one of their most valuable citizens.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

26

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Martin Pena 2008 P1859
Parties Involved
Darryl Rosenzweig
Attorney for Guardians

Fees

Rob ert M R om ero


Clifford Law Office
Personal Injury Attorney
Devon Bank
Guardian of Estate
LifeCare Innovations
Guardian of Person
Ruben Garcia
Guardian ad Litem
Judg e Kaw amo to
Jud ge Cesario
Judge Fleming
Emergency petitions signed

Case D etails
Aug ust 8 th 2004 - Martin was 38 years old, riding his bicycle to work when he was
hit by a truck. He suffers from brain injury, post traumatic stress and memory loss
from the incident. He has a p ending m edical m alpractice lawsuit that hasnt
reached settlement but Devon Bank took out a loan to help pay his expenses. The
family has no income due to their immigration status. Hes an undocumented
individual and Im really not sure if hes a citizen of this country? He said that he
got m arried in Mexico, sent his wife and child money as he w orked in the states.
Then got into an accident, w here his wife and child cam e to visit. H e doesnt
qualify for Public Aid benefits.
His pending lawsuit damages are $50,000.00, they believe.

$4,747.50

July 17 th 2008 - Garcia (GA L) interview s Martin w ho states that he wants his wife to
be his guardian (and there are many people petitioning the court including the
Consular Office from Mexico). Theyre saying that his wife cant be guardian
because 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 that
would serve n o purpose for m e to repeat. Garcia su ggests to the cou rt tha t his
wife be his guardian after they thoroughly check the accusations against her which
means, she wont be guardian.
October 3 rd 2008 - Devon Bank and LifeCare appointed Plenary Guardians of
Estate and Person.
July 13 th 2009 - Devon Bank secured a loan from Preferred Capital Lending for
Martin of $20,000.00 with $1,200.00 paid m onthly. Interest on this loan is
$8,000.00 or 40% a year. Of course, Devon Bank is not responsible for this loan
unless a settlem ent is reached and it hasn t been rea ched so this loan is proving to
be quite costly.
LifeCare is very good a bout limiting phone calls and excessive billing when theyre
really not billing the client or getting any money. Theyre also talking to Martin and
his w ife about food pantries an d other charities in o rder to be taken care of until
they took out a loan and they call themselves guardians.
Septem ber 1 st 2010 - De von Bank retained Clifford Law O ffices on behalf of M artin
and dism issed Rome ro (m ore o f the sam e alleg ations, he was a gold digger out to
cheat them ).
Im not sure how Devon Bank a nd LifeCare got involved with this fam ily and Im
sure that theyre looking at them as their saviors since they dont have the means
to support themselves right now. It will be interesting to see what happens when
his court case reaches settlem ent.
This is probably an attorney tip.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

27

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Joan Lawrence 2008 P4838
Parties Involved
Pamela Pedersen
Daughter (Tem porary
Guardian of Person)

Fees

Susan Andersen
Daughter
Am y McCarty
Attorney for Fa mily

$26,677.00

Darryl Rosenzweig
Attorney for Estate
Guardian

$2,600.00

Devon Bank
Guardian of Estate

$1,250.00

LifeCare Innovations
Guardian of Person
Richard Nealis
Attorney for LifeCare
Me linda 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 Po oled Trust

Fees for 18 months under


guardianship
Total attorney and
guardianship fees:

McC arty was the attorney for the siblings, who disagree d in regard to Joans care
but insisted that she would represent both daughters without bias. She also invited
Devon Bank to be Jo ans estate guardian. Susan has a change of mind and tells
her mother to fight guardianship appeasing her by saying that she could go home
and live with her d ogs. Joan love d her two dogs but lacked the mental ca pacity to
train them therefore, they posed a tripping hazard. No one would assume the
liability and no one told Joan or the court that her dogs would never be possible.

$39,807.88
August-October 2008 - Martin (GAL) after recommending Sunrise as an
appropriate placement for Joan, reported to the judge that Joan changed her mind
$17,803.65 and wanted to live at hom e with her dog s. The judge ordered Joan an attorne y.
McCarty and Martin recruited Garcia. He hired Chwala to (illegally) sneak Joan out
of Sunrise and into The Foun tains (which is independent living and aga inst doctors
$14,895.00 orde rs) prom ising Joan she could have her ow n apartm ent to live with her d ogs.
The Fountains and Sunrise are owned by the same compa ny and they instruct
Chwala to return Joan back and informed Pam ela (temp . guardian and daughter).
$18,625.12 Chwala is now appeasing Joan, promising her that she can be with her beloved
dogs if she picks her as guardian. Martin (GAL) files a cross-petition nominating
Chwala as gu ardian. The judge orders M artin to check w ith both living facilities in
regard to the dogs pla cem ent and appropriateness fo r Joan, Martin ignores this
($1,216.87) requ est.

$3,461.36

Judg e Kaw amo to


Joans Special needs for 18
months

Case D etails
This is a case of gross misconduct in regard to all the people who got paid on your
left. Joa n is no w 83 years old. She was diagnosed by seven physicians with
Alzheimers type dementia, psychosis and delusions. Pamela became her
tem porary gu ardian in 2008 nom inated by h er sister Susan (wh o lives in
Wisconsin) to become permanent guardian. After establishing a ten-year financial
care plan (using her social secu rity, VA disab ility be nefits and would eve ntually
include the sale of Joans property that was inhabitable), Pamela placed her
mother into a private pay assisted living facility (Sunrise) which is appropriate for
patients with dementia.

$549.92

$83,812.91

Novem ber - Dece mber 2008 - Im not a legal analyst but it looks like Garcia is
holding Pamela in contempt of court for explaining that her mother cannot live
independently or with dogs that arent house broken. The GAL is nominating
Chwala for guardian of Joan and ordering Pamela to comply, citing Joan has
rights. But seven doctors have confirmed that Joan can no longer make these
decisions and in Martins own report she states as much.
This becomes a long drawn out custody battle with everyone lying to Joan about
her dogs only to deplete her estate in legal fees. McCarty refusing to address the
court in regard to Joans pets and living facility. Also representing two sisters that
disagree with one sister unaware of the situation due to her living out of state.
March 4 th 2009 - LifeCare a ppointed Successor Guardian of Estate and Plenary
Guardian of the Person, Devon Bank and Pamela resigned.

$127,173.91

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

28

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Joan Lawrence 2008 P4838 Continued
Parties Involved

Fees

Case D etails
April 29th 2009 - Petitioned the court to sell property for $212,000.00. After
expenses, legal fees, etc., they petition the court to set up an OBRA Special Needs
Trust $100,571.48 which forces Joan out of private pay assisted living (or Sunrise)
and into a Medicaid run nursing hom e (Asbury) which is inapprop riate
housing for Joan, who has severe cognitive disabilities. After the move to Asbury,
Joan has a complete breakdown and is hospitalized at Alexian Brothers. Her
doctors re com me nding caregivers to help with her transition and acclimation into
an environm ent that is unsuitable (at the cost of $3,375.50 for caregivers).
December 12 th 2009 - Petitioned the court to sell personal property for $8,495.00.
I cannot find a copy of Joans OBRA Special Needs Trust in court records. Just the
joinder agreement. Although, it appears that there is an illegal deposit of VA
disa bility b enefits (two ch ecks totaling $14,726.00) into the OBRA su bse quently
used for guardian and legal fees. Like I said, this is a case of gross misconduct
with all the attorneys and guardians capitalizing on an elderly womans mental
incapacity and appeasing her with her pets. The GAL (Martin) is also an
unnecessary financial burden to Joans estate and should have resigned long ago.
Its also written in court documents that Pamela (who petitioned the court for
guardianship) is at every hearing. Susan (who told her mother to fight
guardianship) isnt mentioned. I did find two written letters to the judge by Susan
perta ining to her m others possessions, their return to her an d sale of Jo ans.
The balance of Joans OBRA is $16,758.57. $549.92 for Joans special needs of
which $247.00 was allowed for clothing, personal care items, etc. $302.92 for
entertainment expense of cable television that was never utilized because Joan
didnt know how to use the remote. This service has been canceled.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

29

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Leokadia Z Rozner 10 P0045
Parties Involved
Yvonne Schum ert
Daughter
Julie Fox
Attorn ey for Guardian of
Person
Kevin ORourke
Attorney for daughter
Gregg Garafalo
Attorney for Guardian of
Estate
Paul Franciszkowicz
Guardian ad Litem
Devon Bank
Guardian of Estate
Benjamin Topp
Guardian of Person
Geoffrey Shaw
Physician

Fees

Case D etails
Loekadia is a 79-year-old woman that suffers from severe dementia and
Sundowners syndrome. Shes lived in her home of 45 years on the northwest side
of Chicago. She needs 24 hour care and supervision and frequently kicks the
caregivers out. Theyre trying to keep her in her home (taking out a reverse
mortg age to pay for the fees) but she really needs a n ursing home. This w om an is
in a dangerous situation. Estate valu ed at $75,536.53 (not includ ing her two unit
apartment building).
Franciszkowicz was appointed GAL and makes allegations against her daughter
that would serve no purpose to repeat although he d oes say that Leo kadia suffers
from Alzheimers. I imagine he introduced Devon Bank into their lives.
March 10 th 2010 - Yvonne (daughter) appointed Plena ry Guardian of her mother,
Devon Bank of the estate. There are papers stating the daughter having
guardianship of both estate and person but then Devon Bank is nominated.
May 2 010 - Yvon ne petitions the co urt to move her mother to Edgerton /Janesville
area in Wisconsin to live in her daughters hom e. There are a llegations in court
records that after her mother moved, she attacked her granddaughter and was
adm itted to a hospital in Wisconsin. I be lieve thats what prom pted the daughter to
step down as Guardian although not nece ssary. There is no reason why she ca nt
be Guardian of her mother while living in another state.
July 7th 2010 - Topp appointed Temporary Guardian. In his notes, he says that
Leokadia is paranoid being in her own home and often calls the police on the
caregivers. Hes even saying that her environment is dangerous.

Jud ge C onn ers


Aug ust 4 th 2010 - Topp appointed successor Guardian, Yvonne resigned.
Septem ber 9 th 2010 - Devon Bank petitione d the court for a reverse m ortga ge to
pay for the ir fees which are not filed with the court yet.
My pe rsonal opinion is th at Leokad ia sh ould be in a nursing home in
Edgerton /Janesville Wisconsin near her children and grandch ildren. Im well
acquainted w ith the area and its much m ore approp riate for the elderly. There
arent any medical records in her file but there are plenty of medications she can
try for her dementia and they may be able to find one appropriate so she could live
with her granddaughter. Isnt more important that Leokadia be near her family than
whether or not Devon Bank and Ben Topp ge t paid to the extent they put a reverse
mortgage on this womans property to do it?
Theyre even talking about how they may need to move her out of her home but
will they move her near her family?

***Devon Bank didn't file an


account with the court yet

The good thing is that Topp is consulting with her family and I imagine he is now
that I publish ed it all over the Internet. Although, its co sting Leokad ias fa mily
$100 an hour just for an update.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

30

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Charline Tyler 2009 P4608
Parties Involved
Robert Jackson
Nephew

Fees
$1,367.84

Office of Public Guardian


Elizabeth Casanova

$2,874.55

James Meyer
Attorney for Guardian

$6,628.25

Steven Mih ajlov ic


Guardian ad Litem

$3,825.00

Signe Gleeson
ElderCare Solutions
Petitions the court for
Guardian of the person

Case D etails
Charline is 68 years old. This case turned out well and I believe it was because
the Office of the Public Guardian was involved. Robert notified Meyer that he is a
nephew and he beca me guardian of Charline. Not only that, he lives in
Philadelphia. Her estate valued at excess of $1,039,800.37.
July 2009 - M ihajlovic (GAL) interviews her and basically tells her of the temporary
guardianship and Amdurs report that shes suffering from dementia and needs
help. He suggests she stay in her h om e but Im su re Devon Bank w ill sell it.
July 23 rd 2009 - Ro bert Harris (Office of the Public Guardian) became tem porary
guardian of Charline. (And its much more economical to have the OPG involved
because their fees are $ 65 an hour.)

$15,568.90
Septem ber 2009 - The court hea ring was extended now because ElderCare
Solutions w ants guardianship over Charline (and its in Kawamo tos courtroom ).
Epstein wants to know how Robert is going to manage her care since hes out of
state and once a gain, I dont know how he even won cu stody o f her? T his should
have b een a long draw n out court battle with the family mem ber losing and Epstein
knew it. Im not sure how she got involved? Robert provided a care plan to the
court.

Eve Epstein
Attorney for ElderCare
Or Gleeson
Hom e Inste ad Senior Care

$20,200.00

Elder B ridge C are

$75,259.09

Dr. Amdur
Physician

October 2009 - Mihajlovic tells the court that Charline objects to OPG as guardian
and would like to appoint her nephew. The court even appoints the nephew and
Im in shock.
October 9 th 2009 - Robert Jackson and Devon Bank became Plenary guardians of
person and estate. (Although Roberts first petition with the court was with Bank of
Am erica, who Meyer says turned down Charlines m oney.)

Judg e Kaw amo to

January 4 th 2010 - They petition the court to sell her Jaguar for $13,000.00.
Once again, I dont know how this woman managed to be in her nephews custody?
Especially when he lives out of state unless Devon Bank is thinking of kicking him
out after?

Total fees for 12 months


guardianship

$125,723.63

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

31

Report of Devon Banks Eight Clients with Rehab Assist, LifeCare &
Midwest Care Management Services
Eddie Weathers Sr 10 P0828
Parties Involved
Sharon W eathers
Daughter
Rebecca Rose
Attorney for Guardian
Paul Franciszkowicz
Judg e Kaw amo to

Fees

Case Details
I looked at this gentlemans file back in October of 2010 and I didnt write anything
dow n other tha n his d aughters address. I know sh e was in a custody battle with
Devon Bank petitioning the court for guardianship and either Rehab Assist or
LifeCare as gua rdian of the person. Eddie was in a nursing home and Im not sure
how they got involved?
Sharon (daughter) is an attorney that live s in V irginia and also took care of Eddie's
medical and financial affairs. She was his power of attorney. She also has a sister
that lives in Illinois. They were beating up the family in court documents,
slandering them, the usual. Asking Sharon to prove all he r expenses in regard to
her father, which she did. She accounted for every penny.
I wrote this woman a letter telling her that shes d ealing with profession al gold
diggers that shes in over her head then I prayed for her and her entire family.
Sadly, Mr. Ed die Weathers Sr passed away in D ece mber 2010. I cant get his file
because his will is being probated. Often when someone is in court every month,
their file stays in the courtroom.
I will get his file to complete my report. I feel responsible too. If I had written my
story online so oner m ayb e this would have a happier outcome and Eddie cou ld
have lived longer? These huge custody battles takes its toll on everyone except
the attorneys and private paid guardians. Its a horrifying experience, honestly.

Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

32

This is for Lucille Glickman page 13 (and Joseph Ziarnik which I have no way of proving). 24 hour rates are $9.25 an hour or
$222.00 a day. Theyre ch arging Lucille $500 a day. I asked two differe nt frie nds to call fo r their rates b eca use I knew I would
need witnesses. Devon Bank uses the location in Chicago on Marine Drive.
June of 2010 - They told my friend that their 24 hour rates are $225 per day plus incidentals like mileage (if they drive), food for
the caregivers, anything medical because Home Instead doesnt want to assume that liability and they dont hire nurses, etc.
Novem ber 2010 - I publish ed online that I believe Devon Bank is em bezzling m oney through Hom e Instead becau se there is
absolutely no excuse for charging Lucille double. She gets three square meals a day in assisted living and granted, she does
have to pay for the caregivers food but are they eating champagne a nd caviar?
Jan uary 2011 - I asked another friend to call for their rates a nd theyve cha nged. They n ow cha rge $540 per day an d have all
these rules. Id tell you their new spiel but it doesnt matter. Theres no excuse for what they did to that woman and there a re
other age ncies with more comp etitive ra tes.
Abuse Advocate for Elderly and Disabled in Cook County - Tami Goldmann 773-416-2965 - Tag1027@aol.com

33

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