The use of the ADA to quell overreaching guardianship proceedings

From: kenneth ditkowsky
Sent: Apr 16, 2014 4:29 PM
To: Eric Holder , Cook County States Attorney , Cook Sheriff , Edward Carter , Jo Anne M Denison
Cc: Tim NASGA , Diane Nash , NASGA , probate sharks , Chicago Tribune , SUNTIMES , j ditkowsky , Harry Heckert , matt senator kirk
Subject: Wholesale violations of the Americans with Disability Act on the 18th Floor of the Daley Center/and in the Probate Courts in general.

This morning in Federal Court this morning I was reminded by the words uttered by one of the attorneys for the IARDC in her statements to the Court that the Law of the Land is contained in the Americans with Disability Act and is being readily violated with impunity.
The ADA has three sections.   One of the sections is intended to protect the rights of disabled persons so as to minimize the effect of the disability on the American so affected.    If you read 755 ILCS 5/11a -3 (b) of the guardianship act you will find it totally consistent with the ADA.   However, as the attorney spoke in Court she made it very clear to me by her words and phrases that the policy of the Probate Court, the guardians (including the GALs) was to openly and notoriously ignore this prohibition and to declare as many seniors as totally disabled (whether disabled or not) so as to violate the intent of ADA.
The Executive Branch of Government (whether State or Federal) is by Constitutional duty required to enforce the laws, and in particular, discipline entities that ignore the law and act to deprive citizens of their protections.
Mr. Holder, I would appreciate your reading 755 ILCS 5/11a – 3 (b).    Take a look at the multitude of guardianship cases.   1) start with the CCP211 forms.    Check and see how many were proven by the standard of clear and convincing evidence?   2) TAKE A LOOK AT THE SUMMONS  = how many comply with the mandate fo 755 ILCS 5/11a – 10.   3) check and see how many cases that declare that the disabled person is totally unable to manage their affairs.  If you do an independent investigation I suggest you will find that most are totally over-stated [resulting in nefarious outcomes].   In one recent case after the son rushed into Court and obtained his mother totally disabled, she moved in with her estranged husband, went before a judge and got married.    The couple live quite well together – however from time to time the son locks them out of their apartment.   The couple change the locks are resume their lives as the son reaches out to the court to incarcerate his mother.
The slavery of the elderly must be stopped.  The United States of America has an obligation to protect its senior citizens from exploitation.   I call upon Mr. Holder and law enforcement to investigate this intolerable situation and prosecute the miscreants who are taking advantage of the elderly, violating ADA, and/or aiding abetting this violation of Constitutional Rights.   (A prime example is Mr. Eric Holder)
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

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