From Ken Ditkowsky OVER REACHING and the CRIMINAL violations of Civil Rights of Probate Victims and the Elder Cleansers

From Ken Ditkowsky OVER REACHING and the CRIMINAL violations of Civil Rights of Probate Victims and the Elder Cleansers by jmdenison From: kenneth ditkowsky Sent: Aug 23, 2014 9:08 AM To: "JoAnne M. Denison" , Probate Sharks , Nasga Us , Harry Heckert , "J. Ditkowsky" , Tim NASGA , Eric Holder , Matt Senator Kirk , Janet Phelan , Chicago Tribune , SUNTIMES , Chicago FBI , "FBI- (" , Cook County States Attorney , BILL DITKOWSKY , Ginny Johnson , Illinois ARDC , GLORIA Jean SYKES , Scott Evans , "JoAnne M. Denison" , "Foxnews_7D7B711AF105DCA690AB56169C0FF242 (" , Cook Sheriff , Bev Cooper , "ComplaintAdmin ADA (CRT)" , Edward Carter , Diane Nash , ISBA Main Discussion Group , "tips@cbschicago.com" , Fiduciary Watch , Human Rights Watch , "Mr. Lanre Amu -- Honest Atty Unfairly Persecuted By ARDC" Subject: OVER-REACHING - criminal violations of civil rights - Overlooked in so many of the Elder Cleansing cases is square one! In Sykes, it appears that Mary was declared incompetent by the agreement of the two guardian ad litem and the petitioner. (see Adam Stern e-mail to Gloria Sykes). In Wyman the determination was even more venal. Judges in each of these cases 'rubber stamped' the determinations of the members of the cottage industry of elder cleansing and even though everyone knows that criminal conduct has occurred nothing has been done except CYA and cover-up. The insidiousness of the cover-up by Mr. Larkin and the IARDC comes clear when we realize that guardianship is by its nature a deprivation of liberty and property rights and human rights of a citizen. Everyday I and others receive anguished letters from family of the victims of elder cleansing who are aggrieved that villains are ravaging their loved ones and robbing them of all dignity. The frustration extends to courts that are manned by judicial officials who are no more than rubber-stamps for the miscreants, law enforcement that claims to have its hands tied, and political operatives who have their hand in the till. Illinois' corruption cost per capita $3008. The guardianship frauds aid to the total! By statute the person making application for a guardianship to be imposed on a fellow citizen has the burden of proving by clear and convincing evidence the incompetency. This is not an easy burden and it is not intended to be; however, as the Sykes file 09 P4585 reveals all it took was the agreement of several miscreants and Mary Sykes' life was snatched from her! In her evidence deposition Judge Connors revealed her attitude and her disdain for not only the statutory mandates but the case law, to wit: Test of incompetency Test applied in determining judicially whether a conservator should be appointed is whether the person is capable of managing his own affairs.   Matter of Conservatorship of Browne, App.1976, 35 Ill.App.3d 962, 343 N.E.2d 61 ;   Macdonald v. La Salle Nat. Bank, 1957, 11 Ill.2d 122, 142 N.E.2d 58 , appeal dismissed 78 S.Ct. 330, 355 U.S. 271, 2 L.Ed.2d 257 . Evidence was insufficient to establish that mother was a disabled person, in action to adjudicate mother incompetent and appoint a guardian; two physicians, both who had recently examined mother, found that she exhibited no cognitive disabilities or mental conditions, and that she was well-adjusted and capable of managing her own personal and financial decisions.   Williams v. Estate of Cole, App. 1 Dist.2009, 333 Ill.Dec. 27, 393 Ill.App.3d 771, 914 N.E.2d 234 . Mental Health Key Number 135 Test which is applied in judicially determining whether conservator should be appointed for incompetent person is whether individual is capable of managing his person or estate.   Matter of McPeak's Estate, App. 5 Dist.1977, 11 Ill.Dec. 349, 53 Ill.App.3d 133, 368 N.E.2d 957 . Mental Health Key Number 105 To simply establish certain disabilities is alone insufficient to support determination of incompetency, for purposes of appointing conservator;  evidence must also show alleged incompetent's incapability of managing her person or estate.   Matter of McPeak's Estate, App. 5 Dist.1977, 11 Ill.Dec. 349, 53 Ill.App.3d 133, 368 N.E.2d 957 . Mental Health Key Number 105 Capability to manage one's person, for purposes of appointment of conservator, does not resolve itself upon question of whether individual can accomplish tasks without assistance, but rather whether that individual has capability to take care and intelligently direct that all his needs are met through whatever device is reasonably available under circumstances.   Matter of McPeak's Estate, App. 5 Dist.1977, 11 Ill.Dec. 349, 53 Ill.App.3d 133, 368 N.E.2d 957 . Mental Health Key Number 105 In proceeding for appointment of conservator for alleged incompetent, an 81-year-old woman who had voluntarily entered nursing home after giving her son power of attorney over her estate, record was barren of any evidence showing alleged incompetent's incapability of managing her person or estate, and, in fact, supported contrary conclusion.   Matter of McPeak's Estate, App. 5 Dist.1977, 11 Ill.Dec. 349, 53 Ill.App.3d 133, 368 N.E.2d 957 . Mental Health Key Number 135 Neither conclusion of an attorney that elderly individual was incapable of handling her business affairs nor unsubstantiated statements of two doctors to effect that it was in best interest of individual to have a conservator appointed was sufficient to establish that individual was so incompetent as to require the appointment of a conservator for her estate.   Matter of Conservatorship of Browne, App. 3 Dist.1976, 35 Ill.App.3d 962, 343 N.E.2d 61 . Mental Health Key Number 135 The belief of a person upon religious or political questions cannot be made a test of his sanity.   Belz v. Piepenbrink, 1925, 149 N.E. 483, 318 Ill. 528 . Wills Key Number 40 On an application for the appointment of conservator the true question is whether the person has sufficient mental capacity to transact ordinary business,--take care of and manage his or her property.   Snyder v. Snyder, 1892, 31 N.E. 303, 142 Ill. 60 . The test of insanity depends upon the object to purpose for which the insanity is to be proved and what might be regarded insanity in one case would not necessarily be insanity in another.  No definite rule can be laid down which will apply to all cases alike.   Snyder v. Snyder, 1892, 31 N.E. 303, 142 Ill. 60 . On an application for appointment of conservator the true question was whether the person had sufficient mental capacity to transact ordinary business,--take care of and manage his or her own property in view of § 37, R.S.1874, p. 685, making that the test of whether conservator should be continued.   Leefers v. People, 1907, 123 Ill.App. 634 . The Legislature has defined the purpose of guardianship so as to be in compliance with the Americans with Disabilities Act, to wit: Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations 755 ILCS 5/11a-3 As everyone is aware - most of the guardianships that are under our discussion are ultra-vires usurpations of the Civil and Human Rights of the disabled person. No-one can appropriately justify removing the alleged incompetents who are the subject of these discussions from contact with family members, friends, and prior activities. By the definition of most civilized and intelligent people the mining of the teeth of a elderly persons for the gold in her teeth is not the promotion of her well being! Whether a judge authorized the action or not - such is exploitation! Yet, as part of the cover-up Jerome Larkin and the IARDC wrote the Coopers to inform them that there was no ethical violation - indeed, the ethical violation was reporting the same! Let me suggest to you that when a corrupt judge enters an order finding that a particular individual is incompetent under the provisions of the Illinois Act that judge subjects himself/herself and the appointees to the Americans with Disabilities Act criterion. Thus, the Court is limited to entering orders that are limited "to the extent necessitated by the individual's actual mental, physical and adaptive limitations" Ergo, the Judge who allows that guardian to place the ward in a nursing home against the wishes of the family, 300 - 500 dollars awards of Attorney fees and guardianship fees are all ultra vires and criminal conduct. The State and Federal law both mandate that the guardianship is an accommodation tool and nothing more!!!!! Thus, involuntary segregation of the ward from family and friends is not only improper but more criminal conduct! PURSUANT TO 18 USCA 4 LET THIS E-MAIL BE A FORMAL COMPLAINT TO THE JUSTICE DEPARTMENT THAT IN THE MARY SYKES CASE AND MANY MORE GUARDIANSHIP CASES HEREIN COOK COUNTY ILLINOIS JUDICIAL OFFICIALS ARE IGNORING THE EXPRESS PROVISIONS OF ILLINOIS LAWS, AMERICANS WITH DISABILITIES ACT, AND CIVIL RIGHTS AS THEY ALLOW FAVORED LAWYERS AND OTHER PERSONS TO DEPRIVE SENIOR CITIZENS AND OTHERS OF THEIR CONSTITUTIONAL RIGHTS. LET THIS ALSO BE A FORMAL COMPLAINT THAT MR. JEROME LARKIN AND A NUMBER OF HIS SENIOR ATTORNEYS ARE AIDING AND ABETTING THE VIOLATION OF ADA AND HUMAN RIGHTS including but not limited to committing various other and different felonies such as theft, exploitation, fraud, perjury, mail fraud, wire fraud etc. [the MARY SYKES CASE 09 p 4585 Pending in the Circuit Court of Cook County, Illinois is a prime example.] Ken Ditkowsky http://www.ditkowskylawoffice.com/ jmdenison | August 23, 2014 at 4:49 pm | Categories: Uncategorized | URL: http://wp.me/p209wH-1pR Comment See all comments Unsubscribe to no longer receive posts from MaryGSykes.com. Change your email settings at Manage Subscriptions. Trouble clicking? Copy and paste this URL into your browser: http://marygsykes.com/2014/08/23/from-ken-ditkowsky-over-reaching-and-the-criminal-violations-of-civil-rights-of-probate-victims-and-the-elder-cleansers/