I think it is time we put some of this to bed.

 

1) Guardianship is a taking away of Rights, Privileges and Immunities of a citizen, ergo, pursuant to state statute and the Americans with Disability Acts it is not only a serious job, but it is a thankless, procrustean and job in which the guardian by law has to be selfless.    In America we do not take away the liberty rights without very careful consideration and the only with the criterion of only taking away that portion of the rights that absolutely need to be taken away to accommodate the disabled person’s continued participation in society and the maintenance of life style.     As for property rights not only is the right limited, but the guardian can earn only the bare necessity that will actually compensate the guardian for the services that 1) benefit the ward and 2) are absolutely necessary to the well being of the ward.     In addition the Court must approve the expenditures.

 

2) That if a business entity or stranger wants to be a guardian that entity has to be viewed with suspicion.   The job is fraught with heartache and bare minimum compensation.    The highest level of fidelity is required.

 

3) for a guardian to be appointed every protection of civil rights has to be observed.   No only must the alleged disabled person be given every opportunity to object, but so must family members.    The petitioner must prove not only a disability by clear and convincing evidence, but must plead and prove by clear and convincing evidence the extent and nature of the disability.   To do less is to commit a fraud on the court and the felony of theft!

 

4) the Court has a pro-active responsibility to protect the alleged incompetent not only today, but every day and the first sign of a fiduciary breach must remove the guardian and appoint someone with greater fidelity.

 

 

The claim that family members agitate the ward is not only unacceptable but suspect.   A judge who accepts such a claim is not doing his/her job and should be removed from the bench!    Being a judge is not a perk – it is  a responsibility!     No one is forced at gunpoint to be a judge – most actively seek the job – therefore each should take very seriously the duties imposed.

 

Like it or not the foregoing is square 1.   Corrupt judges who take extra- circular remuneration are felons and ought to go to jail and lose their law licenses.   People who judge lawyers and judges ought to be more pure that Caesar’s wife!    A Jerome Larkin who aids and abets the felony of elder cleansing not only should be in jail but should be sent to ‘devil’s island’ to serve his very long sentence!    (The temerity of lawyers assaulting the First Amendment is unspeakable and deserves the most severe punishment – Larkin in attempting to intimidate lawyers to force silence is beyond contempt – that criminal conduct ought to be addressed instanter!)

 

It is apparent that some lawyers in Texas (and the other States) have the idea that guardianship is a license to steal.    It is not!    Yes, they have been getting away with it but that has to stop immediately.    The elder holocaust is unacceptable and an integral part of the health care frauds.   

 

Let me disclose a horror story that was related to me by a very reliable source.

 

The Florida AG noted the inconsistency and filed a document contesting the heirship.    The estate had a value of a million dollars.   The miscreant guardian saved the tax-payers of Florida the litigation costs – she split the difference and Florida got about 1/2 of the estate and the miscreant got the other half.    

 

The outrage was so obnoxious that members of the clergy and other citizens wrote to Mr. Larkin and the IARDC about this event.   As he could not silence either the clergy or the members of the public who were not lawyers he and the IARC just ignored the fraud committed by *****.    Other ethical lapses of a similar nature were also ignored by Larkin and the IARDC.    It is not ethically challenged in Illinois to rob, steal, abuse, or exploit a senior or disabled person.    Mr. Larkin, the Illinois Supreme Court and the co-conspirators have made it very clear – the ethical lapse is reporting it to law enforcement pursuant to 18 UsCA 4.

 

The governmental corruption that is herding senior citizens and disabled persons into guardianships is what we are fighting.    We are fighting also the deprivation of liberty interest including but not limited to the segregation of senior citizens from family members who do attorn to the ravaging of the estate by the criminal elder cleansers including but not limited to guardians, attorneys, nursing home (and hospice) operators et al.    We do not have an enemies list nor do we refuse the good faith assistance in protecting the Bill of Rights, Constitution and the Rule of Law.     The terrorist attacks on America and its institutions by the elder cleaners and those who aid and abet them is intolerable and unless we wish to lose our personal freedom we had better at this point in time address this problem and demand that law enforcement and the State and Federal office holders do their jobs to protect the elderly and the disabled.