Sunday, April 6, 2014

Great Questions from a Probate Victim’s family member

Great Questions from a Probate Victim’s family member

by jmdenison
From a concerned family member (I won't say whose family)

1)  What could/should the legislature to to put an end to unwanted/unnecessary guardianships? 
2) What should we specifically be asking of our congress people?
3) What is the normal procedure for reporting illegal activity or elder abuse?
4) What could be done so that existing agencies have some teeth and can take action?
5) What is the proper form of redress re: a. siblings not being served, b. children and siblings not served, c. improper adjudication?
6) Does ANYONE know of ANY adult guardianship in Illinois that has been overturned?
7) Does anyone have a database of existing cases and the issues involved, and/or irregular procedures or violations of statute?
Answers from Ken Ditkowsky:
question 1 is rhetorical   If the legislative mandate is followed there are no such things as un-necessary guardianships.   Unfortunately there are judges out there who do not follow the law.    Thus, as you know the legislature cannot do anything except scream to law enforcement and the courts to follow the law and enforce it.
Question 2.   We should ask our legislature to demand that the Administration and the Judicial branch of government honor and follow the law.
Question 3.   the proscribed procedure for reporting elder abuse (elder cleansing and financial exploitation) is 1) pursuant to 320 ILCS 20/4 report to the regulatory agency  2) pursuant to 18 USCA 4 report to law enforcement - as the breach is usually a felony.   If lawyers are involved report the matter and the names of the lawyers to the IARDC.    Unfortunately this is the hand up - NO ONE HOME!
QUESTION 4. Vote only for the political people who demonstrate interest and are willing to have some skin in the game.   People like Dubin who had the temerity to respond to my request for help for Mary Sykes by sending me a copy of one of his speeches on Social Security should be run from office.    We have to demand an honest complete and comprehensive investigation and get some of the miscreants and their political helpers in jail.
Question 5.   Proper redress is to every day write your representatives et al.   The annoying person gets things done.   Vote against the political animals who do not support your position and campaign against the bastards who give you all talk and no action.
Question 6.    Where there is a dollar to be stolen - the guardianship is until death do us apart!
Question 7.    I doubt it; however the was a GAO report and the Blogs have information.
   Most organizations can only go so far!   If everyone aggrieved and all their supporters were on the same page we might get our hue and cry; however you note that we are still too disorganized and efforts have been too sporadic for our common goal to be closer to victory.
Ken Ditkowsky
[post edited to make it anonymous at request of poster]
jmdenison | April 5, 2014 at 3:33 pm | Categories: Uncategorized | URL: http://wp.me/p209wH-1bm

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