From: kenneth ditkowsky
Sent: Sep 7, 2014 4:20 PM
To: Barbara Stone , “JoAnne M. Denison”
Subject: The War on the elderly and the disabiled – and in particular the ultra vires assault on Barbara Stone
Barbara Stone:
The Americans with Disabilities Act applies to all persons with disabilities in that it levels the playing field for the disabled by requiring reasonable accommodation of person so that they will not be deprived of their ‘core’ privileges and immunities. I refer you to the U.S. Department of Justice Publication entitled Commonly Asked Questions about the Americans With Disabilities Act and Law Enforcement .
As you have read in the GAO Report to Congress and numerous other publications persons appointed as guardians have been noted to have been miscreant in the manner in which they have carried out their duties. The Americans with Disabilities Act requires that the guardian and the Court make a reasonable accommodation for the disabled person. This is not a license to separate the disabled person from his/her prior life, bar family from having social intercourse with her, or exploit her. In too many cases the guardian acts (with the Probate Court attornment) entirely contrary to the mandate of the act. In such cases 18 USCA 4 requires that such conduct be reported to law enforcement. It is my opinion that such conduct whether approved by a judge or not is a very serious matter and an assault on the First, Fifth, and Fourteenth Amendments to the United States Cons titution.
I find the information that you have related to me to be extremely disturbing and I have forwarded the same to Attorney General Eric Holder. If the guardians and/or the attorneys for the guardian do not know what disability your mother suffers from they in my opinion are committing a fraud on the Court. In the Federal Court notice pleading is the criterion and the fact that a guardian has been appointed for your mother ipso facto (the fact speaks for itself) avers that Florida Probate Court found your mother suffered from some rather serious disability. Why else would the Court have appointed a guardian. [1]
The guardian whether legally or illegally appointed by a Court is a fiduciary and therefore, the guardian owes your mother (and you as a ‘associated’ person) the highest degree of fidelity and honesty. If a guardian is ‘churning the file’ whether a Court awards the excessive attorney fees and other fees is yet another violation of Americans with Disabilities. Dishonesty (even if inadvertent or well intentioned) is not a reasonable accommodation!
Enforcement of ADA is a Federal obligation. There is similar legislation at the State level, but, Congress has not delegated to the State the exclusive authority to determine what is a reasonable accommodation and what is not. The reason for this is the fact that there is a long history of dishonest guardians, receivers, and other appointed judicial officials. The disabled have been deemed a special class of citizens in need to protection so that they can enjoy the rights, privileges and immunities of all citizens. (see answer to question 1).
As I read your documents what you are asking for from the Federal Court is that the guardians and certain other people (including some Judges) by ordered to comply with the Americans with Disabilities Act . America is a Nation of Laws and even if we do not like the particular law we have to obey it. The problem that has developed is that a cottage industry of elder cleansing has developed and across the United States certain judges and their appointed guardians have chosen to ignore the Americans with Disabilities Act and the core values of America.
This e- mail may be used by you in any way that you deem to be appropriate.
Ken Ditkowsky.
[1] The games playing that you and other family members of ‘elder cleansing’ victims have had to endure is outrageous and contrary to the ‘core values’ of American civilization. The Court and all attorneys are charged with being aware of the Americans with Disabilities Act and the requirements of reasonable accommodation. If your mother was appropriately awarded a guardian under Florida law (as I read it) the Court must make specific findings as to what, if any, disability your mother had before appointing a guardian. That guardian is limited in his authority to in a reasonable manner (at minimal expense) addressing only the disability found by the Court. The guardian is not elected God, nor can a State Court abdicate its responsibilities to a professional guardian.
For the record – if the averments that you make are 5% accurate the miscreants under the Americans with Disabilities Act and Title 18 of the United States Code have some very serious accountings to do. Read 18 USCA 371.
Ken Ditkowsky
MaryGSykes.com 