From Ken Ditkowsky — time to remove Larkin and refresh the ARDC into an honest, caring organization

It is clear that there is a great deal of complaining going on, but it is also clear that the media, law enforcement, and the Honest members of the judicial and law enforcement community are not paying serious attention.    How else can a public official such as Jerome Larkin not be in jail?     How else can there be no hue and cry over the open and notorious criminal actions that even the Government Accounting office has disclosed?     [NB the National Association to Stop Guardian Abuse has reported on each of the GAO reports]   Indeed, how else can the clear and concise Americans With Disabilities Law be ignored, and the even clearer regulations put up by Mrs. Lynch and the Justice Department have no meaning whatsoever, except once in a while to make a political point?     
 
Even though the State of Illinois (as an example) is insolvent and cannot pay its bills as they come due, our political leaders may no effort to collect the income taxes, penalties, and interest from political heavyweights such as Jerome Larkin.     Let the ordinary Illinois citizen not pay a dollar of the taxes due and he will have the Illinois Department of Revenue (IDR) on his back.     Maybe the billion dollars or so that the 18 USCA 371 miscreants who have been exploiting the elderly and the disabled is insignificant!     In our up is down, down is up judicial world of elder cleaning maybe we should not be surprised.    After all- John Q Public does not own an interest (directly or indirectly) in a health care facility and not only has no ‘prey’ to place on the table, but, cannot deliver a Bibi of votes in the next election.
 
Maybe the problem is the fact that so many of the honest citizens who are fighting the forces of evil who are carrying on a WAR AGAINST THE ELDERLY AND THE DISABLED are too easily placated.     Obviously, when I wrote to Senator Durbin to complain of the disrespect for the law that existed in the Sykes, Gore and related cases and got back a copy of one of his stupid speeches as to how he is fighting to maintain social security, he knew from experience that 99.7% of the people living in Illinois would be satisfied.    Indeed, the calls for more legislation (like the camera in the nursing homes) make people feel secure, while the legislation that is on the books does not.     The fact that the law is more than sufficient to deal with the problem – IF IT WERE TO BE ENFORCED – does not seem to bother anyone.    Everyone knows that  ******!       Of it is true –  Jerome Larkin and each of 18 USCA 371 coconspirators is walking free and is being given a special immunity from paying the income taxes that each of has to pay.
 
NASGA has outline the basic guardianship law in its blog.    So as Probate Sharks and MaryGSykes, but few have read words and phrases or the act.   In Illinois it 755 ILCS 5/11a – 1 et seq.       It is a uniform act so most States have a similar law that is unenforced.   
 
For you information I have copied from the NASGA blog a piece that it is well worth reading and understanding, to wit:
 
The purpose of the law – known both as guardianship and conservatorship is to
GUARD” and “CONSERVE” 
* To GUARD “incompetent”* people against harming themselves or others;
* To CONSERVE their assets and property (by means of prudent investment);  and
* To PROTECT the taxpaying public from those individuals  becoming “public charges.”
BUT SOMETHING’S GONE TERRIBLY WRONG!  
Over the years, guardianship law has been misapplied, misused, and sometimes just plain manipulated, until it has become a threat to the health and wealth to our elderly and disabled citizens.

Unlawful and abusive guardianships and conservatorships can ensnare the most vulnerable people in a larger and larger trawling net, now including those merely physically “incapacitated”!  Adult guardianship has become a feeding trough for unethical lawyers and other “fiduciaries” appointed by the courts to protect, but many of whom become nothing more than predators.

Wards in these circumstances, instead of being protected by the system, are victimized by it. Strangers are often given total and absolute control of life, liberty, and property of their wards, including: 

•  the right to contract, including the right to choose a lawyer;
•  the right to control their assets and make financial decisions;
•  the right to remain in their own home and protect it from sale;
•  the right to protect and enjoy their personal property;
•  the right to choose where to live;
•  the right to accept or refuse medical treatment, including psychotropic drugs;
•  the right to decide their social environments and contacts;
•  the right to assure prompt payment of taxes and liabilities;
•  the right to vote;
•  the right to drive;
•  the right to marry; and 
•  the right to complain.

Wards are left defenseless and subject to exploitation by the very people chosen to protect them; they become invisible and voiceless.  

An uncaring/callous/overworked/dishonest system often misuses the law and engages in blatant due process, civil/human rights violations.  Victims aren’t always given notice of hearings at which their competence will be adjudicated, aren’t always allowed to attend, and often don’t have lawyers.  If the court does appoint lawyers, often they are too closely affiliated with other professionals who make their living in this special area; and do not properly represent the victims’ interests.  In these situations, judges do not apply the required evidentiary standards in making adjudications of incompetency, and frequently fail to obey the protective statutes, or include specific findings of fact.

Homes are sold to insiders at below market!  Contents – family heirlooms, jewelry, photographs, etc. – disappear, either stolen outright or sold at auction.  Estate assets are rapidly paid out to the fiduciaries in exorbitant “fees” and “commissions” until there is nothing left!  

“Fiduciaries” are given power of life and death, burying their wards in nursing homes where they are kept chemically restrained with unnecessary and dangerous drugs; family members are denied any say in their care, and sometimes denied visitation, except  under guard at their own expense! 

It has become an accepted, yet appalling, practice for guardianships and conservatorships (
and their cronies) to devour the entire estates the proceedings are (by law) supposed to be protecting (Sykes, Wyman, LMV, etc.).  In a shocking twist, the American Taxpayers whom these statutes are supposed to protect, are then forced to PAY THE  MEDICAID TAB FOR CONTINUED LIFELONG CARE OF WARDS OF THE STATE “PROTECTED” INTO INDIGENCE  while their court-appointed “protectors”  enjoy their unjust enrichment. Instead of protecting the public interest, guardianship has indeed become a taxpayer burden… an  extremely ironic,  costly, and appalling consequence of a good law gone bad!  Some dishonest fiduciaries claim that what they’re doing (while filling their pockets) is to “spending down” the assets specifically to qualify the ward for Medicaid! That’s not what the law intended!
It is time for law enforcement to take the bull by the horns and enforce the law.      Public officials who demonstrate so little respect for the RULE OF LAW as those who have been mentioned in connection with the Sykes case deserve ‘special treatment.’     The special treatment required is strict enforcement of both the civil and the criminal law = and especially the tax laws.   (Larkin and his 18 USCA 371 coconspirators if they paid the taxes, plus interest and penalties due might bail out Illinois and a good part of the Federal budget!)
 
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