US Senate Special Committee on Aging

FAX TRANSMITTAL SHEET
To:
US Senate
Special Committee on Aging

Fax: 202-224-8660
From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison,     Pat. Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
5940 W Touhy Ave, #120    CELL PH 773-255-7608
Niles, IL 60714    PHONE 312-553-1300
JoAnne@DenisonLaw.com or http://www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Now suspended in Illinois 3 years for blogging about
corruption see http://www.marygsykes.com
Important Notice

For transmission problems, please call 312-553-1300
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Pages in fax, including this coversheet – ( 3  )
November 16, 2015

Re: Your referrals to Denison and Ditkowsky
and request for Whistle blower Status
In Abusive Adult Guardianships

Dear Madam/Sir;

Recently I became aware that your Committee was referring clients to myself and Ken Ditkowsky, another Illinois suspended lawyer who helps those who have been abused by the US court system in the area of guardianships.  We both appreciate the referrals; however you should be aware that the address above is correct to send mail to both of us and Ken’s email is “kenditkowsky@yahoo.com”.  Victims and their families may call me at anytime on my cell as shown above or work phone number as shown above.

But you should be made aware that both Ken Ditkowsky and myself have been suspended in Illinois from the practice of law for merely speaking out against abuses in Probate Court by some judges and tied in, crony attorneys across the US.  I run a very popular blog at http://www.marygsykes.com, and http://www.justice4every1.com. Because Ken has published numerous letters asking for honest and thorough investigations of some highly abusive cases, and because I have published those letters on my blog, we were both suspended from the practice of law.

I will not elaborate on the hundreds, perhaps thousands of horrors in our nation’s guardianship “programs”, but I am sure you are well aware of the mantra “target, isolate, medicate, drain the estate, quietly eliminate, cremate” as being the hallmark of an abusive guardianship.  Many large estates are quickly eaten up by as much as 90% or more of the income and assets of the senior which are paid to attorneys and tied in case (mis)-managers, (anti) social workers, visiting nurses (of death and drugs) with the rubber stamp of a tied in, eternally helpful judge.  When the money runs out, the senior is quickly dispatched in hospice or other programs where the senior is dosed with large quantities of illegal chemical restraints, and food and water are withheld or minimal.  No autopsy or tox screen is ever, and I mean ever, performed on these seniors who died a quick and tragic death when the money ran out (Sykes, Drabik, Tyler, Gore, Baker, Rector, etc.)  and there is no end to this string of crimes and class X felonies when probate courts routinely deny exhumations, autopsies and tox screens to concerned family members.

At this time, in order to continue our work Ken Ditkowsky ask for just a few things if we are indeed recommended (albeit by default because there are no other lawyers in the US willing to do this work, and do it for low cost or free): 1) funding for our law office as an Illinois NFP; 2) declaration of us being Whistle blowers and entitled to protection of the US senate; 3) immediate restoration of our law licenses (you should contact the Illinois Supreme Court and explain to them they cannot terminate our law licenses when we are the only lawyers doing this work which must not be tampered with or interfered with and it is illegal under the Illinois and US Constitutions to interfere with a professional blog or media source–See Rosemond v. Markham, ED Kentucky, 3:13-cv-00042, ).

If you are unable to provide any assistance at this time, we will continue to do our best to assist probate victims and their families and expose and publish the string of felonies that are assaulted on our precious seniors each and every day in courtrooms throughout the US. You are welcome to recommend probate victims and their family members to the two of us and we will always help best we can. I am currently writing books for the probate victims.  Ken continues to write letters to the state and federal authorities asking for help.

I would appreciate it if one or more of the senators would contact Mr. Jerome Larkin, head Administrator of the Illinois Atty Regn. & Disciplinary Commission, as well as the head of the Illinois Supreme Court which licenses us, and make it clear to them that our work is important, that no one else is doing our work and our law licenses should be immediately restored.

In the meantime, we will continue to do whatever we can for these victims, within the bounds of the law. We cannot appear in court for them, we cannot draft pleadings, at this point all we can do is hold their hands and cry along with them, as their precious mothers and fathers and grandparents die horrific deaths, their assets and dignity stripped from them, because no one will do anything about the situation.  Ken will write letters and I will blog about those letters and also document the cases that come our way to the best of our ability.

If you cannot do anything at this time, I will continue to pray for Truth and Justice for the US Senate and for the Illinois ARDC and the Illinois Supreme Court.

Very Truly Yours,

JUSTICE 4 EVERY1.COM, NFP

JoAnne Denison

JoAnne M. Denison

Janet,, You got me thinking

Janet,

You got me thinking when you suggested that democracy has an average life of about two or three centuries and maybe America as a 'free society' was not in the cards for much longer.

Of course, I rejected your statement - America will live forever as the land of hope, freedom and justice ======= maybe!    Then I listened the Prime Minister of Israel and his moment of silence.   Politics aside, the silence that accompanies injustice in today's world is so loud that it is deafening.    Political correctness is apparently more important than political honesty, transparency, integrity, and justice in America.    Racial discrimination by the "right people" is ignored and thus a Man who has a dark skin can lose his law license in Illinois for making the same claim that the prestigious Crain's Chicago business publishes.   Or a gracious soft spoke icon of the Civil Rights movement (including the March on Selma) can be denied equal access to a public accommodation at a public office of the IARDC (Illinois Disciplinary Commission) open disciplinary hearing.   Or calls for an HONEST investigation are characterized and public funds are used to assault the Civil and Human rights of the calling lawyers.  Or elderly senior citizens are openly and notoriously elder cleansed.    Or as has happened in California a politically clouted guardian is able to marshall the resources of the the State of California to give her access to estates of potential victims of fiduciary abuse for her own profit *****

The lack of outrage exhibited by the 2nd oldest profession in reference to the JoAnne Denison suspension and the article appearing in the American Bar Association journal blog is scary.   Are Lawyers afraid to protest the violation of Civil Rights?   Apparently so - it has been almost a week and no hue and cry has been heard!   No one appeared at the office of Illinois Attorney Registration and Disciplinary commission with a bucket of tar and a bag of feathers.  Marshalls have no subpoenaed Jerome Larkin's financial records to ascertain his pecuniary relationship with the Sykes, Gore, Wyman, Tyler miscreants.   Indeed, it is business as usual and the domestic terrorists who are threatening our liberty live another day.

Ms. Phelan - maybe I was too quick to reject your observation.   Believe me I want you to be wrong, but it is also very clear that if lawyers are afraid to stand up be counted as being in favor of the Rule of Law, the Constitution, and preventing elder cleansing ****

It was pointed out to me by your e-mail that if our credo degenerates to that exhibited by the 18 USCA 371 co-conspirators of Jerome Larkin we can expect our lives to be quite different.  Maybe the following article will represent something that happened in Chicago rather than India, to wit:

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Muslim man beaten to death over rumours he had eaten beef in India

Mohammad Akhlaq was attacked by around 100 people and despite being taken to hospital, police said "his life could not be saved"

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Six people have been arrested in connection with the murder of Mohammad Akhlaq Photo: AP

By AFP

9:47AM BST 30 Sep 2015

A 50-year-old Muslim man was beaten to death over rumours he had eaten beef, a taboo in India, a Hindu-majority nation.

Mohammad Akhlaq was dragged from his house on the outskirts of the capital and attacked by around 100 people on Monday night, a police officer told AFP.

"When our team reached the spot a crowd was there outside his house. They (police) managed to rescue him and take him to the hospital, but his life could not be saved," said senior police superintendent Kiran S.

Indian police said on Wednesday they had arrested six people and "deployed additional personnel to contain any further repercussions".

Mr Akhlaq's 22-year-old son was also seriously injured in the attack and was in intensive care at a nearby hospital.

Killing cows is banned in many states of India, a majority-Hindu country that also has sizeable Muslim, Christian and Buddhist minorities.

In March, the state of Maharashtra toughened its ban to make even possessing beef illegal, a move seen by religious minorities as a sign of the growing power of hardline Hindus since nationalist prime minister Narendra Modi came to power.

The rumours that the family had eaten beef began when a calf was reported missing in Dadri village, 22 miles from New Delhi.

"An announcement about the family consuming beef was made at a temple, after which the mob descended on the man's house," said Kiran.

The Indian Express quoted Mr Akhlaq's daughter Sajida as saying the family had mutton in the fridge and not beef.

The pattern that we are witnessing ...

The pattern that we are witnessing coming out of the Illinois Attorney Registration and Disciplinary Commission and the Probate Division of the Circuit Court of Cook County appears to be the same.   Mrs. Clinton has taken it to the National stage!   The pattern is very simple.   

The IARDC in my case needed a basis of jurisdiction fpr the assault on the First Amendment and 18 USCA 4.  They chose the Sawyer case.    Unfortunately they never read it and the proposition that they cited the case for was contrary to the ruling of the case.    In JoAnne Denison's case the IARDC recognized that Sawyer was on all fours against their position so they cited the Alvarez case.   Once again they did not read it and the provision that they cited was rejected by the Court.

When the IARDC decided to punish a lawyer who had a dark skin who complained of the corruption in the Circuit Court of Cook County they arbitrarily did so even though their own rule 8.3 required the lawyer to take the action he did.   They just ignored the Crains Chicago Business article that made the very same averments as Mr. Amu.

The Equal protection of the law clause of the 14th Amendment meant nothing to the IARDC as it barred an icon of the Civil Rights movement from an open proceeding.   Indeed, Diane Nash never even got an apology.

The Supreme Court of Illinois is indifferent to the abrogation of the Constitution of the State of Illinois and the total disregard for the Rule of Law exhibited by Mr. Larkin and his co-conspirators.    Why then should Hillary Clinton not expect to get a pass for her prevarications.    Indeed, in modern America the norm is for the truth to be stranger to the actual facts.   Why should she not expect to get a pass and not be subject to the very same laws that any other citizen would expect to go to jail for violating?    

If you need a more practical example - when a group of conspirators (as defined in 18 USCA 371) engages in breaches for fiduciary relationship they incur joint and several liability for damages and for the Federal and State Income taxes.   Do you see Larkin and the co-conspirators being assessed the taxes, interest and penalties due on the booty that was removed from the Sykes, Gore, Tyler **** estates?   you hear our governor talk about our State being insolvent (or nearly so) yet where is the collection effort.   I calculate that the co-conspirators owe over two million dollars in taxes, interest and penalties on Sykes, 1.5 million in Gore, 8 million plus in Tyler.    Yes the State of Illinois is owed less because its tax rate is lower - but, with the billions of dollars in health care fraud that Larkin and his ilk have been 18 USCA 371 co-conspirators just collecting from him and his gang will obviate the need for a tax increase.

The taxes the Hillary and Bill owe on the UBS bribes (in the form of contributions to their charity) similarly ought to be looked into.

Corruption is a cancer and we have allowed it to be metastatic.    We all know what a 'spade' looks like - why are we so reluctant to call it a spade.    The stench is getting out of hand.   Democracy is not a spectator sport and we do not have the tolerance to allow the common citizen to be relegated to second or third class citizenship.

 

Ken Ditkowsky

The Choir is united

The Choir is united in having great desire to deal with the problem; however, the congregation just nods it head.   

The statement on Isolation you make is extremely important and I've colored it in red. In just about every single elder cleansing case the First step is "isolation."    In the Isolationcase Guardian ad Litem is memorialized is telling the Court about how Mary Sykes was agitated when she had contact with her siblings and younger daughter.   The reaction of Judge Connors was classic and isolation was decreed.    

A moment of common sense by Judge Connors would have revealed that Mary being agitated was demonstrating her competency and the wrongful nature of the motivation for the isolation.    Any competent human who is removed from his/her prior life wrongfully and is allowed limited contact with it will be quite agitated.    The quest for justice will create an agitation!    Had Judge Connors done her job and held a real hearing in which there was a cogent attempt at compliance with the statute 755 ILCS 5/11a - 1 et seq, and in particular 11a - 3, she would have discovered the fraud on day one and Mary's civil rights, property right, human rights and civil rights would have been protected.   Instead a corrupt judge joined with an appointed miscreant to commence a program of elder abuse and elder cleansing.

Unfortunately, this scenario is repeated across the United States on a daily basis.   Janet and Barbara had similar stories to tell.   Janet was so harassed that she is now in exile, and Barbara is facing jail time for doing exactly what society demands that she do!    She tried to rescue her mother from what only can be described as murderous plot!   Barbara, Janet, Gloria, and many other citizens have had to suffer extreme retaliation for standing up to the corrupt judges, their appointees and those who aid and abet this criminal conspiracy and war against the elderly and the disabled.   

Attempts to obtain an intelligent HONEST complete and comprehensive investigation and prosecution of the discriminatory action of elder cleansing have on balance been unsuccessful,   Intimidation is a key weapon of the elder cleansers.  Here in Illinois Jerome Larkin has been open and notorious in his efforts.    JoAnne Denison's blog is his current target and as an overt assault on the Bill of Rights, Illinois statutes, Federal Statutes and the core values of America he uses public money to attempt to silence her.   His weapon ultra vires disciplinary proceedings!    Against me he was able to suspend me for 4 years for writing the Attorney General of the United States concerning this problem.  (Had I stolen Mary's money I would have received a much lesser suspension!).    My suspension was a warning to other lawyers - comply with 18 USCA 4 and you get your ticket punched!

We know what the problem is!    We can identify it.   Legislation is in place to deal with the problem and prevent it in the future; however, the real issue is how do we get law enforcement to stop this criminal conflagration do intelligent HONEST complete and comprehensive investigations and prosecutions of the elder cleansers.   

Tim has pointed out the Americans with Disabilities Act (Title 2) has been clearly violated by the corrupt judges, their appointees and those who aid and abet them.    Justice Department has been given the duty to enforce the ADA.    Criminal laws have been violated right and left and law enforcement has the duty to enforce these laws.   As the breach of a fiduciary relationship  creates taxable events, taxing authorities have a treasure trove of uncollected and undeclared taxes due.    The thieves who entered Mary Sykes' safety deposit box and stole a gold coin collection are known!   There are State and Federal taxes due on not only this money but on the other funds taken.   Indeed, even the gold removed from Alice Gore's mouth must be reported and the taxes paid!   Why have taxing authorities been reluctant to collect these taxes? There is nothing in the tax law that give exemption to corrupt Judges, their appointees and/or those who aid and abet them!   Illinois is on the verge of insolvency and the financial situation of the USA is nothing to write home about.   Collecting the taxes that the government is entitled to in Sykes, Wyman, Tyler, Gore, **** goes along way toward paying for important government programs! 

 

Ken Ditkowsky

www.ditkowskylawoffice.com

Ken's "cheat Sheet"

i prepared a 'cheat sheet' just like we used to in our school days.   You may publish it and share even with the miscreants.   The Illinois Statute was designed by our legislature to diligently protect the rights of senior citizens and the disabled.   Cases like Sykes, Gore, Wyman, Tyler et al should never have occurred.    My hope is that by sharing this document we can obviate any inadvertent "elder cleansing."    

Statutory criterion

I. Basis for appointing a Guardian or declaring a person in need:

1.      Demonstration of need for Guardian;

 

a.        if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person,   755 Ill. Comp. Stat. Ann. 5/11a-3 (West)  

b.         if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs   755 Ill. Comp. Stat. Ann. 5/11a-3 (West)

 

2.          Venue:   Venue. If the alleged ward is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides.    755 Ill. Comp. Stat. Ann. 5/11a-7 (West)

 

3.          Petition:    The petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged disabled person must state, if known or reasonably ascertainable: (a) the relationship and interest of the petitioner to the respondent; (b) the name, date of birth, and place of residence of the respondent; (c) the reasons for the guardianship; (d) the name and post office address of the respondent's guardian, if any, or of the respondent's agent or agents appointed under the Illinois Power of Attorney Act,¹ if any; (e) the name and post office addresses of the nearest relatives of the respondent in the following order: (1) the spouse and adult children, parents and adult brothers and sisters, if any; if none, (2) nearest adult kindred known to the petitioner; (f) the name and address of the person with whom or the facility in which the respondent is residing; (g) the approximate value of the personal and real estate; (h) the amount of the anticipated annual gross income and other receipts; (i) the name, post office address and in case of an individual, the age, relationship to the respondent and occupation of the proposed guardian    755 Ill. Comp. Stat. Ann. 5/11a-8 (West)

  

4.        Procedure:       Upon the filing of a petition pursuant to Section 11a-8, the court shall set a date and place for hearing to take place within 30 days. The court shall appoint a guardian ad litem to report to the court concerning the respondent's best interests consistent with the provisions of this Section,   55 Ill. Comp. Stat. Ann. 5/11a-10 (West)

 

5.          Payment of Fees:     “the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent's estate may be unable to pay   755 Ill. Comp. Stat. Ann. 5/11a-10 (West)

 

 

 

 

2.   Right of alleged disabled person to trial.

Respondent is entitled to be represented by counsel, to demand a jury of 6 persons, to present evidence, and to confront and cross-examine all witnesses. The hearing may be closed to the public on request of the respondent, the guardian ad litem, or appointed or other counsel for the respondent. Unless excused by the court upon a showing that the respondent refuses to be present or will suffer harm if required to attend, the respondent shall be present at the hearing.  755 Ill. Comp. Stat. Ann. 5/11a-11 (West)

Right to Counsel   “b) The court (1) may appoint counsel for the respondent, if the court finds that the interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon respondent's request or if the respondent takes a position adverse to that of the guardian ad litem. The respondent shall be permitted to obtain the appointment of counsel either at the hearing or by any written or oral request communicated to the court prior to the hearing. The summons shall inform the respondent of this right to obtain appointed counsel. The court may allow counsel for the respondent reasonable compensation. “  755 Ill. Comp. Stat. Ann. 5/11a-10 (West)

3.    Criterion for the form of Summons

 

The summons shall be printed in LARGE, BOLD TYPE and shall include the following notice:

NOTICE OF RIGHTS OF RESPONDENT

You have been named as a respondent in a guardianship petition asking that you be declared a disabled person. If the court grants the petition, a guardian will be appointed for you. A copy of the guardianship petition is attached for your convenience.

The date and time of the hearing are:

The place where the hearing will occur is:

The Judge's name and phone number is:   755 Ill. Comp. Stat. Ann. 5/11a-10 (West)

 

4.   Utilization of the  Statutory authority..

 

(b) 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 Ill. Comp. Stat. Ann. 5/11a-3 (West)

 

 

5.    Right to Counsel:

“(b) The court (1) may appoint counsel for the respondent, if the court finds that the interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon respondent's request or if the respondent takes a position adverse to that of the guardian ad litem. THE RESPONDENT SHALL BE PERMITTED TO OBTAIN THE APPOINTMENT OF COUNSEL EITHER AT THE HEARING OR BY ANY WRITTEN OR ORAL REQUEST COMMUNICATED TO THE COURT PRIOR TO THE HEARING. The summons shall inform the respondent of this right to obtain appointed counsel. The court may allow counsel for the respondent reasonable compensation.”  755 Ill. Comp. Stat. Ann. 5/11a-10 (West)

6.    Appointment Temporary and Notice to the disabled person.

§ 11a-19. Notice of right to seek modification. At the time of the appointment of a guardian the court shall inform the ward of his right under Section 11a-20 to petition for termination of adjudication of disability, revocation of the letters of guardianship of the estate or person, or both, or modification of the duties of the guardian and shall give the ward a written statement explaining this right and the procedures for petitioning the court. The notice shall be in large, bold type and shall be in a format similar to the notice of rights required under subsection (e) of Section 11a-10 of this Act.  755 Ill. Comp. Stat. Ann. 5/11a-19 (West)

7.    Service of Summons on the alleged disabled person[1]:

the respondent shall be personally served with a copy of the petition and a summons not less than 14 days before the hearing. The summons shall be printed in large, bold typeand shall include the following notice:

NOTICE OF RIGHTS OF RESPONDENT

You have been named as a respondent in a guardianship petition asking that you be declared a disabled person. If the court grants the petition, a guardian will be appointed for you. A copy of the guardianship petition is attached for your convenience.

The date and time of the hearing are:

The place where the hearing will occur is:

The Judge's name and phone number is:

If a guardian is appointed for you, the guardian may be given the right to make all important personal decisions for you, such as where you may live, what medical treatment you may receive, what places you may visit, and who may visit you. A guardian may also be given the right to control and manage your money and other property, including your home, if you own one. You may lose the right to make these decisions for yourself.

You have the following legal rights:

 

(1) You have the right to be present at the court hearing.

(2) You have the right to be represented by a lawyer, either one that you retain, or one appointed by the Judge.

(3) You have the right to ask for a jury of six persons to hear your case.

(4) You have the right to present evidence to the court and to confront and cross-examine witnesses.

(5) You have the right to ask the Judge to appoint an independent expert to examine you and give an opinion about your need for a guardian.

(6) You have the right to ask that the court hearing be closed to the public.

(7) You have the right to tell the court whom you prefer to have for your guardian.

 

8.   Sodini Notices[2]:

 

(f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.   755 Ill. Comp. Stat. Ann. 5/11a-10 (West)

 

 

 

 

 

---

[1] Paragraph  11a- 10 also requires the following warning, to with:

 

You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or canceled if you do not attend.

IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.    755 Ill. Comp. Stat. Ann. 5/11a-10 (West)

 

[2] The court acquires jurisdiction over the allegedly disabled person by personal service upon him of a copy of the petition and summons not less than 14 days before the hearing. (Ill.Rev.Stat.1989, ch. 110½, par. 11a–10(e); see McCormick v. Blaine (1931), 345 Ill. 461, 178 N.E. 195.) It is also a jurisdictional requirement that the petitioner give notice of the time and place of the hearing by mail or in person to the nearest living relatives of the allegedly disabled person not less than 14 days before the hearing. Ill.Rev.Stat.1989, ch. 110½, par. 11a–10(f); see In re Guardianship of Sodini (1988), 172 Ill.App.3d 1055, 123 Ill.Dec. 67, 527 N.E.2d 530.  In re Estate of Steinfeld, 158 Ill. 2d 1, 13, 630 N.E.2d 801, 807 (1994)

 

 

Just about everything above is a quote.  The Illinois legislature did themselves proud with this statutory plan; however, as it was virtually ignored in so many cases it makes one wonder if legislation is necessary at all.    Certainly in the Sykes case no one read it and for four years Mary Sykes was robbed of all her liberty and property rights.  In Gore a 1.5 million dollar estate (and a few pennies in gold filings) was dissipated by ignoring these statutory rights.    

Ken Ditkowsky

www.ditkowskylawoffice.com