Re: NASGA Blog: "Attorney Ken Ditkowsky: The Constitution vs. Whores of Justice"

Re: NASGA Blog: "Attorney Ken Ditkowsky: The Constitution vs. Whores of Justice"


kenneth ditkowsky kenditkowsky@yahoo.com

11:46 AM (17 minutes ago)

This problem is not a game. Everyone can do only what they can do. If people want to blog, or do as little as talk in public about the problem of Elder Abuse, and the Financial Exploitation of the Elderly I applaud their efforts. Everyone who reads Mr Wyman's book is making a statement and is doing something to advance the cause.

It is sophomoric and disingenuous to even suggest that that Courts support the financial exploitation and/or the abuse of the elderly. What the Courts support is independence and the rule of law. The Courts do not take the position that 100% of the people giving their time and self to protect the elderly and those in our society who cannot protect themselves are criminals, miscreants, and abusers. The guardians have a difficult job. They have to navigate through troubled waters and many adverse interests. The interests of the disabled person are most important and has to be protected - even if the family attorns to and recommends actions. The judgment of the fiduciary is done in the clear light of hindsight.

Let me give you an example. A number of years ago, at the request of the family of Mr. W, an attorney agreed to be appointed plenary guardian of the estate. He accepted the assignment, and the first question to be addressed was what should happen to Mr W's house. The family got together and decided that they would like to bring Mr. W home as soon as possible and therefore requested the attorney to neither rent the house or sell it. As luck would have it Mr W's condition got worse and about 18 months later Mr W. died. The attorney filed a final account, and a petition for fees. The Court of its own motion was concerned that for almost two years the house was a liability to the estate and had not yielded a dime of rental. The Court reasoned that as a fiduciary the attorney had the obligation to not dissipate the assets of the Estate. The family, filed a claim against the attorney's bond (as plenary guardian) and the Court approved the award. (I was retained to represent the attorney (plenary guardian) in regard to the claim. The bonding company would pay the estate, but then would - and did - see reimbursement from the attorney's personal assets). The argument that the family had requested and the attorney had attorned to them was rejected by Judge Doddle, and the Appellate Court. The plenary guardian had an independent responsibility to protect the assets of the estate and it was nice that he followed the instructions and wishes of the family, but as his actions were not by the clear light of hindsight in the best interests of the estate, he had to reimburse the estate for the lost revenue.

We want honest, diligent, independent, and intelligent people assuming the 'parens patrie' responsibilities. We do not want 'rubber stamps' and/or miscreants. For this reason the Courts have given the guardians total immunity and encourage their independence. The court also provides the guardians with a 'presumption' that they act within the law and their authority. Thus, there is nothing wrong with Adam Stern, Cynthia Farenga, Judge Connors, Judge Stuart, etc disagreeing with you, me, etc. The wrongful conduct is the not doing their jobs: 1) not reporting to the Court the fact that the Sodini notices were never served, 2) not reporting and not insisting on all the probate court protections for Mary, for you, and all those similarly situated, 3) not reporting suspicious and criminal conduct - the drilling of the safety deposit box, the non-inventory of about a million dollars in assets etc etc. It is my opinion that the non-inventory of assets is 'theft!' It is also my opinion that what has occurred in the Sykes case, Tyler, etc are serious breach of fiduciary relationship and therefore 'taxable events!' The conspiracy to evade United States of America income taxes is a serious matter.

The misconduct that has been exhibited in the Sykes case is documented and overt. In many situations it is less clear and in those cases we need the Court and the guardians to act independently and honestly. It is too bad in Mr. W's estate that the attorney let his judgment be perverted by his friendship with the family - but, as the Appellate Court pointed out he undertook a responsibility and it was his job to protect the ward even if he had to stand alone and take a position that was adverse to everyone else. Obviously, this is not the situation in Sykes but while you and I know it, law enforcement does not. This is the reason that you and I have been calling for an independent , complete, and honest investigation by the States Attorney or other law enforcement agency. (law enforcement should be impressed by the fact that FArenga, Stern, Schmiedel, and the presiding judge are so dead set against any independent or comprehensive investigation - Why? What do they have to hide? What are they all afraid of? Unfortunately you and I know and the potential scandal may cause a population explosion in the prisons.

Ken Ditkowsky

www.ditkowskylawoffice.com