A Heartbreaking Story of Elder Abuse and Legal "Thievery"
Posted: Tuesday, August 30, 2011
by Jim Fargiano
The Spoken Words of Spirit, Inc.
Until relatively recently, I was unaware of how rampant elder abuse is within the legal court system. For almost the last two decades, my life has been consumed by helping as many people as I could in a different way than most give help. I have informally counseled and helped thousands of people through the publishing of my book, as well as in private sessions as a medium/psychic. It was not until my good friend started to share her story with me that my eyes were opened to something far more prevalent than I was cognizant of; at least on a conscious level.
This all began approximately two and a half years ago. Diane’s mother had given her power of attorney and named her the healthcare proxy. Like many families, there were disagreements with the siblings. Diane was being told that her brother and sister wanted to sell their mother’s home and place her in a nursing home. While this elderly woman, Dorothy, had some early dementia and knee problems, she was still a vibrant, cognizant person. She had no interest in being displaced so that those two could have her money. Diane's family suggested she file for legal guardianship to protect her home and to protect her mother's life as well. It seemed to make an abundance of sense.
To tell the events of what unfolded quickly is really an injustice to the elder abuse that has incurred since. The siblings contested the petition for guardianship. Instead of reaching a mediated agreement, the judge listening to the case decided he would be better at making decisions for everyone. He assigned a law guardian and a healthcare manager. It appears these three have worked together before. Diane was immediately removed from what her mother wanted; to have her take care of her needs if there was any reason for it. As it was, Dorothy would spend many weekends at Diane’s house. It must be noted that Diane works from home and took care of her father in his last years. It would give Dorothy a change of scenery and much appreciated love and companionship. All of that was about to change.
Diane, rightfully, brought in a lawyer to help overturn the judge’s decision. This attorney had handled her parents’ legal needs in the past. Not only was he familiar with the family dynamics, but he had intimate knowledge of what Dorothy wanted. He was even going to represent Diane pro bono. All he wanted to see was that this aged woman was allowed to live happily at her own home, or with Diane. The Supreme Court judge, based in Nassau County, New York, took it upon himself to unfairly disallow the attorney’s generosity and right to represent Diane. It was the first step in a string of negatively prejudicial rulings against my friend.
The law guardian requested that a reverse mortgage be approved for $275,000 on Dorothy’s home of six decades. In open court, opposed by some, this magistrate authorized the financial decision and stated that the money would allow Dorothy to remain in her home for at least five years. It is now only two years later and all of that money has been spent. In addition, social security and a couple of small pensions were still coming in. In a mere twenty-four months, more than $325,000 had been frittered away!
As of the writing of this story, the judge has ordered Dorothy into a nursing home. In his ruling, he admits this goes against Dorothy and the family’s wishes. The law guardian, healthcare manager and another person showed up unannounced and told Dorothy they were taking her to the doctor to check on a problem she was having. Dorothy, now eighty-seven years old, willingly went with them. She was hustled to a nursing home that was a distance far from the only child who has been battling for her freedom. She is frightened beyond belief.
The lie to get her into the car is one of a long string of deceptive tactics used by the law guardian, healthcare manager and the judge himself. There has been hearing after hearing over the last thirty or so months where the three of them have waged a war of defamatory statements, incredulous lies and perjury against Diane. They have fought the only daughter looking to do the right thing for her mother, with their end game being a complete bleeding of Dorothy’s modest estate. Her health has been compromised, and from my outsiders view, it was done solely to line their own pockets. The tragic thing in all of this has been that the judge, elected to uphold the rights of all people, has spearheaded his attack on an elderly woman.
How I wish I could condense hundreds of pages of documents into a short article. There was the theft of over thirty thousand dollars of jewelry. Dorothy stated that her other daughter absconded with it and she has been asking to have it returned. The supposed law guardian knows about it, but has refused to step in. There was a sworn statement from another legal person stating that from all of the interviews she had with people familiar with the family, that Diane was seen as the most loving and giving child of the three. It states that her brother is known to have a violent temper and would be a danger to his mother. In court, the very same woman stood before the judge and said that this same man would be the best person to have Dorothy live with. In my opinion, these egregious actions of Diane’s siblings has been overlooked in exchange for their support in allowing all of this to go on without their objections.
As I sum this up, I would share with you that there was a previous time that Dorothy was locked away for thirty days in another facility. She was denied the chance to be taken out by Diane for Thanksgiving, nor was she allowed to attend her only great granddaughter’s christening; something that she wanted very much to be a part of. In trying to support Diane in whatever limited way possible, I have found that elder abuse is a much broader problem than I was aware of. The National Association To Stop Guardian Abuse (NASGA) has stepped in to help with this case; one of a multitude they are bringing to the attention of Congress and other law related committees. It seems like power-hungry people who are trusted to protect the rights of our senior citizens run amuck and take advantage of them, their families and so forth. Justice is supposed to be blind, yet it is those in society who need not be blind to the fact that this goes on far too often. If you find yourself in a position to make a difference by correcting the wrongs of these judges and guardians, make sure you do not wait for someone else to fix it. What would you do if this was your Mom or Dad; if it was your family faced with this?
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Top-level comments on this article: (7 total)Hello Jim,
I have been keeping up with Diane's information on NASGA, and the sad story of her mother Dorothy, like you I never knew that abuse existed, especially not to this extend. I too have had legal issues concerning my uncle who was taken out of NJ by a greedy relative, I tried fighting it in court, to no avail. It literally makes me physically sick everytime I read about abuse. I can only pray now that justice is done for all the victims of elder abuse.Hi Mary,
I am so sorry about your uncle. The public is just not aware of how prevalent elder abuse is. Thank you for your prayers. I know God is listening. I just want Mom home.
I have attended most of the court hearings about Mrs. Wilson with Diane from the beginning, when Diane first went to the courts believing that they would protect her mother. If I did not see this with my own eyes, I would never have believed that in our "free" country an elderly woman can be robbed of her life savings and tossed into a nursing home against her wishes despite the fact that her daughter is ready, willing and able to care for her in her own home. From the beginning, the court was prejudiced against Diane, twisting everything she said. In my opinion this is legalized theft and it can happen to anyone of us!
Mary, thank you for taking the time to write to me and follow what has been happening. Diane and her mother urgently need the moral support, as well as the assistance of the right person to overturn the legal corruption that is taking place. A letter was sent to Diane and her siblings today stating that the courts are putting Dorothy's house on the market and having a tag sale for all of her belongings. Can you imagine having anyone dictate to you that your home of sixty years is being pulled from under you for the law guardian, judge and everyone elses greed to be fed?Thank you Jim so much for this article and all of your articles on this terrible crime !
Latifa, thank you for taking the time to read my articles, as well as to comment. There was yet another episode of absurdity, orchestrated by Diane's siblings. In a weird way, I was glad I was there to witness it directly. It certainly helped to validate the bias and lies to the court about Diane. I think my next article will be coming out much sooner than expected. Blessings to you.
Yes, this is a terrible problem throughout the country. We're trying to fight it here in Davidson County, TN, where Judge Randy Kenneyd kidnaps, murders, and steals left and right. Thank you for bringing attention to Diane's case.
Keep fighting.
Don, thank you for shedding some light on the situation near you. You have to understand that I had no idea that this was so prevalant until I started listening to Diane and then poked around a little with different people. It seems that the trio involved in this case have made a fairly routine habit of working together. Stay strong in your convictions and maybe some justice will create a diffrerent kind of conviction for the people doing this.
Great article. Keep the faith Diane and the fight. The abuse must STOP. Get the word out public awarness is a must. Don't turn a deaf ear it could happen to you or your loved one.Thank you Sara! This is something every single American MUST know about! It is happening to more people than anyone knows and guardianship MUST end!
Keep getting the message out Diane. This abuse MUST stop.. Thank you for the well written artcile.Truth is on our side.
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