Ditkowsky

The Probate Act provides that a verified petition alleging incompetency

On Wed, Oct 19, 2011 at 11:09 AM, kenneth ditkowsky wrote:

The Probate Act provides that a verified petition alleging incompetency be filed, along with a doctor's certificate of incompetency. The Sodini case requires that prior to the finding of incompetency hearing the close relatives be notified of the time and place of the hearing. (This notice is jurisdictional and cannot be waived). the act also provides other protections for the alleged ward and the act provides the the guardian's appointment is only for the areas in which the ward is deficient. Finally the act provides for reviews from time to time so that if the ward recovers the deprivation of rights would be eliminated as soon as practical.

To my way of thinking this is a solid legislative plan that does provide adequate protections. the problem is that the implementation is 'slim and none' Mary was railroaded into incompetency and two GALs appeared on the 'gravy train.' From then on the GALs functioned to support the plenary guardian and thwart any efforts by Gloria Sykes to stop the elder abuse and financial exploitation.

Had the Court functioned appropriately and did its Constitutional duty, Mary Sykes would never have been 'adjudicated,' no plenary guardian appointed, an order of protection would have been issued against the person who was appointed the plenary guardian, and over a million dollars in cash, jewelry and collectibles would still be in Mary's safety deposit box. In fact there would have been no Sykes case!

Tim: In this USA our legislature functions very well. The pass laws by the dozens; however, after the media pats them on the back, they fail to either fund enforcement or implement procedures for enforcement. Law enforcement takes the heat for lack of enforcement, but as the legislature fails to provide adequate tools to deal with government's inability to property plan and execute a one car funeral law enforcement takes the heat. The executive and the judicial like to wring their hands in hopelessness! The public - i.e. you and I are critics on the sidelines crying out that Mary Sykes' Constitutional Rights have been violated.

Come the next election we should start a campaign to defeat every incumbent office holder who has not done one of the following things: 1) done something forward reaching and positive to fight elder abuse and financial exploitation of the elderly, and

2) done something positive and forward reaching to fight corruption by the political elite.

Democracy is not a spectator sport. The Chinese Communists have a method of dealing with these problems - they decree that a million people are persona non grata and terminate them! The political elite have a similar credo - "lose it - goodby!"

Ken Ditkowsky

www.ditkowskylawoffice.com