I can speak on any portion of the problem of elder cleansing

I can speak on any portion of the problem of elder cleansing and abuse of the disabled that you desire.

My involvement in this problem runs back to the 1960's when I did work for the Juvenile Protective League.   I became intimately involved in parens patrie.   (The obligation of the government to protect the people within the society who are unable to do so for themselves).   By reason of this Chancery (English) tradition to make the garnering of services more efficient laws were passed to protect each group of individuals.   In the case of the elderly and the disabled the Federal Government as part of title 42 passed the Americans With Disabilities Act.   Each state passed similar and consistent laws with the same expressed intent.   To provide the reasonable accommodation that the ADA and the Constitution required guardianship laws were passed.   In particular a guardian was to be appointed to provide the disabled person with the assistance that was actually needed.

The State recognized that the appointment of a guardian was an infringement on fifth and 14th amendment rights so each statute provided that the guardian was only to be appointed to provide assistance where the disabled person was unable to function.   In simple terms the guardian - a fiduciary - was very limited in power and held to the highest standard.   This standard was to be applied by the clear light of hindsight.   In Illinois 755 ILCS 5/11a - 3b lays forth the standard.   The due process protections are stated in 755 ILCS 5/11a - 10.

Unfortunately every good deed will be properly punished and a cadre of dishonest jurists, dishonest lawyers, dishonest judicial officials and dishonest public figures grew up and what was intended to be a reasonable accommodation became a travesty.   Guardians for profit developed and the disabled and the elderly (having a few dollars in the jeans) were herded into guardianships wherein they were isolated, abused, exploited, had their liberty and property rights terminated and finally assisted into involuntary suicides.   

The Mary Sykes case was particularly venal.   755 ILCS 5/11a - 10 was totally ignored.   There was a letter from the Sheriff that he had no record of Mary ever being served with process.  The court file 09 P 4585 is consistent with the fact that there was no service of process.   The summons that is required by the act was not even printed by the Court clerk.   The requirement of notice to Mary and her siblings (and daughter) was never provided.   The requirement of a hearing on Mary's competency never occurred.    All of these are jurisdictional.    However, a venal corrupt judge ignored all of this and tried to silence any mention of this or any demand for an HONEST INVESTIGATION.   In fact the cover-up was broadly based and extended to the Lawyer disciplinary Board and to the Illinois Supreme Court.  It continues to this day.   Mary is dead, and several million dollars of assets have never been accounted for or inventoried.   complaints have been made Federal and State authorities and appear to have reached deaf ears.

What is interesting is the fact that a breach of fiduciary relationship is a taxable event.   Thus, the miscreant guardian when she stole a million dollars in gold coins in 2008 or 2009 whe had an obligation to pay taxes on all she did not inventory.   We reported this tax evasion and/or tax fraud to the Attorney General and the United States of America.   Pursuant to 18 UsCA 371 and 18 USCA 242 all who acted in concert with her have joint and several liability (including taxes).    Thus we have all the corrupt individuals who have attempted to silence the calls for an Honest investigation liable for Federal and State Income taxes, interest and penalties.  

The theft of assets seems to be common situation in many of these guardianship estates.   Florida is probably the worst State in the Union.   California is the most venal and Illinois is the most corrupt.     Florida's corrupt is institutionalized,  California has developed a bureaucracy to thwart inquiry, and Illinois makes no bones about the fact that Greylord is not dead.

I practice law for over half a century.   My cases have taken me into every type of case from jury trials to courts of law resort including but not limited to the Supreme Court of the State of Illinois and the United States.   (I argued Terrazas vs. Vance before the Supreme Court of the US).

In short - I am at your disposal.  

America does not take lightly to fiduciaries who steal from their wards or those public officials who aid and abet such conduct.   Next time you hear a political figure complain about the State of the State and how broke they are tell him/her to collect the taxes due from the corrupt lawyers, corrupt jurists, corrupt judicial officials et al.    

 

Ken Ditkowsky