Great Questions from a Probate Victim’s family member

From a concerned family member (I won’t say whose family)

1)  What could/should the legislature to to put an end to unwanted/unnecessary guardianships?

2) What should we specifically be asking of our congress people?

3) What is the normal procedure for reporting illegal activity or elder abuse?

4) What could be done so that existing agencies have some teeth and can take action?

5) What is the proper form of redress re: a. siblings not being served, b. children and siblings not served, c. improper adjudication?

6) Does ANYONE know of ANY adult guardianship in Illinois that has been overturned?
7) Does anyone have a database of existing cases and the issues involved, and/or irregular procedures or violations of statute?

Answers from Ken Ditkowsky:

question 1 is rhetorical   If the legislative mandate is followed there are no such things as un-necessary guardianships.   Unfortunately there are judges out there who do not follow the law.    Thus, as you know the legislature cannot do anything except scream to law enforcement and the courts to follow the law and enforce it.
Question 2.   We should ask our legislature to demand that the Administration and the Judicial branch of government honor and follow the law.
Question 3.   the proscribed procedure for reporting elder abuse (elder cleansing and financial exploitation) is 1) pursuant to 320 ILCS 20/4 report to the regulatory agency  2) pursuant to 18 USCA 4 report to law enforcement – as the breach is usually a felony.   If lawyers are involved report the matter and the names of the lawyers to the IARDC.    Unfortunately this is the hand up – NO ONE HOME!
QUESTION 4. Vote only for the political people who demonstrate interest and are willing to have some skin in the game.   People like Dubin who had the temerity to respond to my request for help for Mary Sykes by sending me a copy of one of his speeches on Social Security should be run from office.    We have to demand an honest complete and comprehensive investigation and get some of the miscreants and their political helpers in jail.
Question 5.   Proper redress is to every day write your representatives et al.   The annoying person gets things done.   Vote against the political animals who do not support your position and campaign against the bastards who give you all talk and no action.
Question 6.    Where there is a dollar to be stolen – the guardianship is until death do us apart!
Question 7.    I doubt it; however the was a GAO report and the Blogs have information.
   Most organizations can only go so far!   If everyone aggrieved and all their supporters were on the same page we might get our hue and cry; however you note that we are still too disorganized and efforts have been too sporadic for our common goal to be closer to victory.

Ken Ditkowsky
[post edited to make it anonymous at request of poster]

6 thoughts on “Great Questions from a Probate Victim’s family member

  1. Joanne and Ken

    I think this question would be helpful for all Since your blog is the only one I know of would that reaches many , would you be willing to ask for the information Also list of other organizations with similar focus With names and contact information

    We need to get organized and need to start here

    NLVallone

    • The only groups I know of are NASGA and Probate sharks that do blogs or quasi blogs. Nasga does not run a blog like I do but some posts seem to get up on Linked In and then people comment.
      Nasga is more conservative than I am.
      That’s why the ARDC is after me–to shut down this blog and I have already decided I will NOT give it up because the ARDC threatens to take away my law license.
      Probate has turned into a sleazy disaster. Maybe this blog is not perfect, maybe I run it too loosey goosey, but then again, it’s the only one out there and dozens and dozens of lawyers have told me they don’t want to get involved, it’s too dangerous, I can’t use their name or they don’t want their name used, they know probate is nothing but trouble to talk about and the ARDC will go after them, you name it, I hear it.
      Only Ken and I stick our necks out as lawyers, and look what happened to Ken’s neck. A great big chunk was taken out on May 14, 2014.
      JoAnne

  2. I have evidence that this is just a dancing circus. We were given paper work on a person unknown to our family and it was requesting money for this person from us. They linked our name with this bogus person so they could milk the accounts dry..via: the court system. I believe this document was sent to us, only by mistake.
    They only sent this type document to the court house…

    • There are many people “targeted” by the system. Now I know why elders tell everyone they have no assets, they are poor, they have no wealth, they drive old cars, fix things only when necessary and then the family is surprised to find out there were millions when they pass over.
      Now I see the targeted elders, and how the hospitals, senior services, tied in providers always look for the loner elder with cash and assets and they target them and pull them into probate, get rid of the family, get the OPG in there or a “probate attorney” and it’s fee fee fee from the honey pot until that pot is licked dry, then the elder is shuffled between nursing home and hospital (depending upon which facility has beds empty or needs procedures on the books), and then they are shot up with drugs and die quickly and are cremated to destroy the evidence.

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