by jmdenison |
From: kenneth ditkowsky
Sent: Aug 27, 2014 12:40 PM
Subject: Fw: Fw: WestlawNext - Busse v. Motorola, Inc.
Sent: Aug 27, 2014 12:40 PM
Subject: Fw: Fw: WestlawNext - Busse v. Motorola, Inc.
Following through on yesterday's memorandum, it is important to note that when you examine the statutes it is clear that they are consistent with the Americans with Disabilities Act. Thus, Mr. Lahrman is 100% correct in his analysis.
The tort of outrageous intrusion provides a cause of action that is available to the aggrieved. As I have a right to the companionship of my spouse, my brother, my mother et al, I have standing! As Tim Lahrman has pointed out there is no immunity under ADA. Thus, as an example, Jerome Larkin is 'naked' as to such an action - just as he is naked as to any immunity to aid and abet the felonies of elder cleansing.
I am impressed with the detail of the Florida Statute:
(a) To have an annual review of the guardianship report and plan.
(b) To have continuing review of the need for restriction of his or her rights.
(c) To be restored to capacity at the earliest possible time.
(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(e) To have a qualified guardian.
(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.
(g) To be properly educated.
(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property [2] .
(i) To receive services and rehabilitation necessary to maximize the quality of life.
(j) To be free from discrimination because of his or her incapacity.
(k) To have access to the courts.
(l) To counsel.
(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(o) To privacy.
[1] This retention of Rights is important as it is consistent with ADA, the uniform act and the State of Illinois Act. 1(d) is the most important as essentially it means that a disabled person is not prey! It incorporates the provision of Americans with Disabilities. Section 1(f) is more specific in incorporating ADA as it changes the standard from “best interests” to the preference of the disabled person.
[2] This second recognizes that not every guardianship gives the guardian carte blanc to the life savings of the victim. It is only in the situation wherein the individual cannot manage his/her money. Exactly what this means is left open. It does not mean that the guardian is to be presumed to be more capable than the presumed incompetent. In point of fact, the standard of competency is not very high.
[3] Isolation of the ward is prohibited – this is the most ignored portion of the act. The guardians and the Court universally separate the ward from family and friends.
This is not Einstein stuff! Florida has laid bare the Law of the Land and its legislature's attempt to comply with the basic values of America. Like our Jerome Larkin, many in the judiciary have chosen to ignore the obvious protections for their own pecuniary benefits. (I make the assumption of pecuniary benefit based upon the fact that Larkin appears not to have filed the ethical disclosures required by statute and his continued proactive assault on the First Amendment).
What is interesting is the loyalty that Larkin exhibits to the miscreants. At this point in time he is well aware that the jig is up! Miriam Solo's alleged role in the mining of Alice Gore's teeth cannot be 'covered up' any more. Cynthia Farenga, Adam Stern, Peter Schmiedel's role in the wrongful conduct conducted in Judge Stuart's courtroom (intimidation of Gloria Sykes by chaining her and threatening her) no longer can be sweep under the rug. Judge Stuart admission under oath whether wrongfully purged from the transcript or not is still of record and was heard by onlookers! Thus, Larkin is certainly aware that the rope is tightening. All he had to do a few months ago was to do the job he was hired to do and he would escape! However, like a suicide bomber, Larkin continues his assault on the First Amendment and in particular the Bill of Rights! Why?
It would have been easy to dismiss his prosecution of JoAnne Dennison. Win lose or draw 47 USCA 230 cannot be ignored, nor can the SCOTHUS decisions! At some point in time law enforcement will have the courage to indict Larkin! Even Larkin's clout will not be enough to protect him - unless the clout wishes to share a jail cell!
Thus - why is he so pro=active!!!!
The answer to question will become evident very soon.
Our focus however is not Larkin or his counterparts - our focus is the senior who has been railroaded and had his/her liberty, human and civil rights forfeited by our miscreant nazi captors. If we get the information as to the felonies to law enforcement we stand a good chance of prosecution of the miscreants. Health care fraud is killing all health care reform including insurance. At 70% plus even the most inept bureaucrat has to recognize this fact! Thus nursing homes, hospice facilities, guardianship, and suppliers of health care products have to obtain religion. The religious training will have to be by force as voluntary measures have failed. Our current president has staked his legacy on health care, and unless he wants his administration to be an embarrassment the Administration has to forthwith start the prosecution of people such as Larkin!
Providing the law enforcement people with accurate and concise information as to the miscreant activities means a tax revenue windfall for not only the Federal government but the State government. Let's look at Carolyn Troepe. Prior to her wrongful (lack of jurisdiction) appointment as Mary Sykes' guardian she and her chronically unemployed husband were insolvent. Today, they host expensive parties, have made substantial improvements to their home, and Ms. T sports very very expensive jewelry. Adam Stern sports a 60,000 dollar Federal Tax lien. Mary's substantial estate has been reduced to virtually zero! How much Jerome Larkin, Adam Stern, Cynthia Farenga, Peter Schmiedel et al have received from the Estate is unknown. Whatever they received is taxable income! A similar scenario is present in every one the cases. In Gore it is 1.5 million. In Tyler it is eight million, etc., etc.
The only logical reason that I can up with for these fiduciaries to be so resistant to the Statutes, and their obligations to the disabled person is that the amount of money to be gained is so great that ******.
IN THE EVENT THAT LAW ENFORCEMENT is also not interested in doing its job we may have to go to Court ourselves. Attached is information on one of the causes of action that we should consider. HOWEVER at this point in time lets keep law enforcement appraised and keep demanding that they end the American gulag and put an end to the 9/11 attack on American values augmented by people such as Jerome Larkin, et al.
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