An appeal to a Floria States Attorney to protect Barbara Stone and her mother from Elder and Family Abuse by the authorities

From: JoAnne M Denison[SMTP:JDENISON@SURFREE.COM]
Sent: August 28, 2014 3:56:18 PM
To: donlhorn@MiamiSAO.com; Barbara Stone; Alyece Russell;
Michael Nofsinger; Kenneth Ditkowsky [Ditkowsky Law]; Sylvia Rudek NASGA;
Ask the Dept of Justice.com
Subject: The illegal assault, prosecution and persecution of Barbara Stone and her mother
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Dear Mr Horn

I am an attorney in Illinois who writes a blog about probate cases* and I also practice  our probate decision handling dozens of cases involving guardianships where family members are isolated from their loved ones and placed in locked down nursing homes and are drugged.  Estates are drained by tied in attorneys and court appointed agencies who bill but do not protect or even care very much at all other than their financial renumerations.

The use of psychotropic drugs on persons over 60 and under 20 is contraindicated by the FDA and is not an FDA approved usage of those drugs.  As such, any licensed physician or physician’s assistant issuing such prescriptions should be promptly reported to the appropriate disciplinary authority for their licensing abuses.

I have heard that Ms. Barbara Stone has been isolated from her mother when she in fact has made diligent efforts to protect her mother and follow Federal and State laws pertaining to  Elder Abuse.  I also understand that Ms. Stone’s mother was drugged without notice and authorization by her.  This was a civil assault against her.

I understand that  it has been reported that Barbara’s mother had to be  admitted to the hospital emaciated and near death from lack of food and hydration.  I have received dozens of reports of such crimes, and I am appalled by the inappropriate response of law enforcement to typically blame the good family members that report these abuses and seek to protect the elder, but instead they become the victim and are prosecuted for their attempts to protect while the miscreants are granted immunity and allowed to continue in practices that foster these situations.  Such is a horrendous tragedy.  Simply due to their position, power and authority, nursing homes, hospitals and other institutions are not infrequently found with starved, dehydrated elders, and then when a family member reports, the family member is banned, false protective orders are obtained–all in an effort to deflect the true criminals, the licensed professionals that allow these crimes to happen under their own roofs.

I hope that you will cease putting Barbara through this turmoil that is the result of law enforcement’s and the state attorney failure to protect her mother while granting immunity to miscreants. It is time to stop these common practices.

Barbara and her mother must be reunited immediately–without restrictions and without any supervision. To deprive an 86 woman at the end of her life the comfort of her daughter is discriminatory under federal and state laws and is an act of cruel and unusual punishment under the US and Florida Constitutions.

Sincerely,

JoAnne Denison

* my blogs are located at http://www.marygyskes.com and http://www.justice4every1.com

cc: marygsykes.com and Atty Barbara Stone
Please see the following relevant Florida statutes:

(2)  “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or disabled adult. “Caregiver” includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities as defined in subsection (7).
825.102  Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties. —
 
(1)  “Abuse of an elderly person or disabled adult” means:
(a)  Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;
(b)  An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
(c)  Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2)  “Aggravated abuse of an elderly person or disabled adult” occurs when a person:
(a)  Commits aggravated battery on an elderly person or disabled adult;
(b)  Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or
(c)  Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a)  “Neglect of an elderly person or disabled adult” means:
1.  A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or
2.  A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
 
 
825.103  Exploitation of an elderly person or disabled adult; penalties. —
 
(1)  “Exploitation of an elderly person or disabled adult” means:
(a)  Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:
1.  Stands in a position of trust and confidence with the elderly person or disabled adult; or
2.  Has a business relationship with the elderly person or disabled adult;
(b)  Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent; or
(c)  Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property.
(2)(a)  If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b)  If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c)  If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History. — s. 4, ch. 95-158; s. 5, ch. 96-322; s. 1, ch. 97-78; s. 29, ch. 2009-223.
 


JoAnne Denison, Executive Director
Justice 4 Every1, NFP 5940 W. Touhy Ave, #120 Niles, IL 60714

 

From: kenneth ditkowsky
Sent: Aug 28, 2014 4:24 PM
To: “JoAnne M. Denison” , Probate Sharks , Nasga Us , Harry Heckert , “J. Ditkowsky” , Eric Holder , Matt Senator Kirk , Janet Phelan , Chicago Tribune , Chicago FBI , “FBI- ( (” , “donlhorn@miamisao.com” , BILL DITKOWSKY , “ComplaintAdmin ADA (CRT)” , ISBA Main Discussion Group , “gcoleman@bclclaw.com”
Subject: Re: The illegal assault, prosecution and persecution of Barbara Stone and her mother


 Tim sent me the following which indicates that Congress also made a strong statement in enacting ADA, to wit:
 

42 U.S. Code § 12101 – Findings and purpose

Current through Pub. L. 113-142, except 128. (See Public Laws for the current Congress.)
 
(a) Findings

The Congress finds that—
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(8)  the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

(b) Purpose

It is the purpose of this chapter—
(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.
 

It therefore follows that the State officials who are not following their statutes and ADA are flirting with some very serious problems = including jail time.     The  refusal of lawyer disciplinary commissions to honor the mandate of the United STates of America and local law enforcement to not pro=actively protect the disabled and their families is of very serious concern.   

I am under the impression that Mr. Horn in the Stone case is a new broom.     We know that Mr. Coleman is the newly elected President of the Florida Bar.    Thus, both are blessed with a fresh start and the ability to make things right in the Stone case.    It is too late in some of the other cases;however, we have to start somewhere.     With a grand jury acting on health care fraud in South Florida it is an ideal time to clamp down on this guardianship fraud.
 
In Illinois and in the other states wherein elder cleansing is spreading it cancerous venom a strong response is also called for.    Mr. Jerome Larkin’s ARDC alteration of the transcripts of Judge Stuart’s testimony is a starting point.   The sudden demonstrable wealth of the guardian in the Sykes case is another starting point.    There can be no justification for the conduct of the guardians in the Illinois cases – what benefit was there to the Estate of Gore by the prospecting for Gold in the teeth of Alice Gore?     There is similarly no justification for Larkin’s assault on the First Amendment. 

Ken Ditkowsky

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