A Heartbreaking Story of Guardian Abuse--Part IV
Posted: Saturday, October 08, 2011
by Jim Fargiano
The Spoken Words of Spirit, Inc.
This is the fourth article in the continuing “Heartbreaking” series on the Dorothy Wilson elder abuse case at the hands of law guardian, Mary Giordano, of the Franchina and Giordano law firm. Most of the antics have been approved by the “honorable” Judge Joel Asarch, of the NYS Supreme Court in Mineola, NY, including the obvious bias against Diane Wilson, who has been the only one of Dorothy’s children fighting to help her.
When you have a situation where people in high positions seem to bend and break the laws, it takes all hope away from the victims and those helping them. Since researching and questioning a variety of people about this case, and other law guardian abuse cases against the elderly and sick, I am finding that the only thing that is truly sick is how much they get away with. Most people, in general, are afraid to get involved in correcting this serious situation. It appears that millions of dollars are basically stolen each year from the people who the guardians and judges are supposed to be in a position to protect.
I had the privilege of seeing Dorothy Wilson on October 7th. Keep in mind that one of the vague reasons that has been used to incarcerate her in a nursing home--against her will--is because of her mental state. Dorothy has some dementia; not a fact that anyone has tried to hide. However, the last time I saw her was over six months ago, she seemed very alert, albeit with some short-term memory issues. As I walked in the door to her room, she immediately knew who I was. Just as earlier in the year, she would have slight lapses in memory, but once reminded with a few words, Dorothy would expand in detail about whatever we spoke about.
It was very difficult seeing her sitting in a room by herself. Although the facility she is in is very nice, the room gave off a depressed energy. Granted, I am much more prone to feeling things like that then the average person is, but it still made me feel like I was suffocating; as though life was being drained from me. I could only imagine what Dorothy feels as she awaits the judge to do the right thing and free her from what she sees as a prison sentence.
My conversation with her was open and frank. One of the first things she shared with me was that she was angry that her son “stole” her car. This was brought up several times, as she stated to me that she really wanted to keep it because it had so much sentimental value. Diane had an agreement—in writing—with Mary Giordano to buy it for her mother. The fact that Dorothy’s daughter would have to buy something that Dorothy already owns is just another aspect of the evil, gluttonous and callous mindset that the law guardian has.
Dorothy also made mention of missing jewelry, acknowledging that her daughter, Diane, had a few pieces. She was grateful that she knew it was safe with her. While she spoke about this, you could see how much love there was for Diane. I found it heartbreaking that she will not wear any of it, out of fear that her other daughter, or someone else, will steal it from her fingers. Dorothy made mention several times that she knew that her other daughter had her jewelry. Diane, who has been fighting for her Mom throughout all of this, has brought up the subject of the missing jewelry to the law guardian many times over many months. It has never been given the courtesy of a response. Since we are talking about something that may have a value of about twenty thousand dollars or more, one would suspect that there is something nefarious taking place. It would not be out of the realm of rational thinking for most people to make an assumption that this is a payoff to the siblings for trying to help Mary keep their mother locked up and away from the only loving child she has, as well as all of her possessions.
From a spiritual perspective, which is how I look at virtually everything in life, there are no redeeming qualities in any of the major players responsible for the destruction of an eighty-seven year old woman. Dorothy is still living; has a mind that works, and a heart that beats. She is ambulatory for short distances and said that she would be walking more if she was back in her own home, or Diane’s. My talk with her allowed me to see a woman who still wants to be passionate about living, but instead is deeply depressed by her unwanted situation. When Diane left the room, I asked Dorothy what she was thinking. There were some tears shed over the fact that she never expected her two other children to turn on her. “Diane is the only one who loves me.” It made my resolve to share her story even more important. I could not help but laugh as she used some salty language to describe what she thought of her son “stealing” her car, the other daughter “stealing” her jewelry and the judge and law guardian who caused and allowed all of this to happen. It showed me that this elderly lady still has some spice to her personality.
Dorothy told me she knew her other two children were only interested in what they could get from her. She lamented several times how miserable they made her feel when they overtly told her she would be happy living in a nursing home and that she never expected them to turn on her. She shared with me a “project” that she had to take part in at the facility. Everyone was supposed to make a picture timeline of their lives. With teary eyes, she said that if she had time to finish it, she would have put bars on the windows because “they put me in prison.” Dorothy also made sure she added that she has no problem with nursing homes, but only if there is no alternative. In her case, an obvious alternative is available. She told me that no one is helping her, including the lawyer assigned to protect her rights. I believe she used the term, “lip service only.”
As I was trying to figure out how to end this article, I received a call from someone who told me that Dorothy’s house was sold, and the contract should be finalized in a few days. It is worth noting that neither Dorothy nor Diane were included in any discussions about this. On a personal note, I cannot imagine how it would feel to have your home stolen from you. Sixty years of memories have been taken from her.
Dorothy has endured the indignities of having all of her assets taken away, as well as her civil and humanitarian rights. She has been forced to use doctors other than her own, and even had to strip in front of her “healthcare manager”, who by all accounts had no right being in the exam room. Her HIPPA rights were openly violated, yet Judge Asarch or anyone else did nothing about it.
Elder abuse is rampant, but kept hushed by the judges, lawyers and others who are responsible for ruining lives so that they can continue benefiting from their alleged legal thievery. It is important to know that almost all of Dorothy’s possessions have been tagged for sale, with no regard for what she wants to keep. This includes her clothing, china, furniture, mementos, keepsakes, and so forth. What will it take for the people in the justice department or NYS Judicial Commission to correct this? Where is the media and why are they turning a blind eye towards a serious problem? What will it take to recognize that the taxpayers are being bilked for tens of thousands of dollars through Medicare and Medicaid to help pay for her to be imprisoned at the whim of a judge and law guardian who are making thousands upon thousands of dollars from “caring” for her? There will be more in the future about this. Dorothy is not disposable, and neither are any of the other aging or ailing people in society. My hope is that someone steps up and does something to free them. Will you?
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Top-level comments on this article: (9 total)A great story. Your coverage is detailed and honest. You make the abuse by the system and disgruntled siblings obvious. I,too, was amazed at the hostility contained within my siblings. The jealously and relentless lies flowed from them in court documents. Their resentment toward me, as chosen Trustee and Conservator of our parents and their Trust, brought the Probate patrol out in full force! Abuse for my stepfather and he died a horrible death; a million dollar estate squandered by the probate fiduciary and her cohorts; taxes unpaid bringing liens on the one remaining property. All of this because greedy siblings were unhappy with the written wishes of their parents! Thank you for exposing the abuses being suffered by this lady, Dorothy. I am so sorry for her and all the victims of our corrupt Probate system!Jamie, I am very sorry you have had to endure something like this. I am working on getting someone to pay attention who has the power to address all of the thievery and abuse that is taking place. All we can do is try to share each other's stories to bring light to the problem.
Thank you for taking the time to comment.
I think people should start focusing on making this poor womans life happy with the situation she is currently in instead of dwelling with every visit. I would like to hear from the siblings and law guardin with their side. From what I heard Diane got greedy took money,and put,it, in her childrens accounts and was the one who requested the law guardian to begin with. maybe if she didnt start taking money o'toole would not have had to step in. From what I hear the siblings do not need the money There are two sides to every story why are we only hearing one.I think "Me" that you are being fed a lot of improper information, and then trying to get others not see the truth. I have two problems with your comment. First, if you think you have something truthful to say, you would be using your name instead of hiding behind "Me from Babylon." Secondly, why would anyone want to make someone who is being forced to live in a nursing home happy there when she does not want to be in a facility? Dorothy has a viable home to go to with Diane. If you want her happy, step up and tell the court that she should be allowed to live with Diane, the one daughter who has been fighting for her and has repeatedly told the court that her Mom can stay with her.
Everything I wrote about can be substantiated in the court records, e-mails or witnesses. Please feel free to e-mail privately at info@jimfargiano.com with proof of what you are stating. I've tried to go that route with Diane's brother, but was responded to with rants and not a single one of my questions to him being answered. If you cannot do that, then please do not waste my time.
Jim your article is heart breaking and shows what money and greed cando to society. My Dad had Alzheimers and me, my sister, brother, and my Mom cared for him with dignity and respect until the day he passed away. He always took care of us so it was a natural progression of caring and taking responsibility for a wonderful parent. My Mother just died of cancer last January and I did everything with her for years after Dad died. My sister and brother cared for Mom..loved her and kissed her untiil she left us from a botched procedure in the hospital. It was God's will and she was so ill but we kept her happy and comfortable until she left us. I am writing this to say if there were ever any disagreements when my siblings and myself, it was only because we were all concerned and trying to do the very best we could for both our parents. Why do people take advantage of their own parents and society as well? My Mother was 89 when she died and that is why Dorothy's story is so sad to me. I would help in anyway I could and I geniunely applaude you for all you are trying to do. God Bless Dorothy and all those trying to help her...if it were my Mom I would want someone to help me make her life happier. Bless You and all you do... DebraDebra, thank you for your comment. I am deeply sorry you had to go through the emotional hardship that you and your family had to deal with. There is an amazing difference when you have all members of the family acknowledge that the easiest transition for those who are ill is to continue to love and care for them. I commend you and your siblings for taking the right path to insure your parents' happiness in their final time on this planet.
To Me in Babylon...who is O'Toole??? First of all...no one should be forced to live where they don't want to!!! It is obvious you are a friend of the siblings who stated in court that they want to see their mother placed in a nursing home despite the fact that their mother does not want to live in a nursing home. Why do you think that is a good thing she is somewhere she doesn't want to be? I have personally witnessed the antics of the siblings and heard the lies told by them and the guardian. I have seen the siblings interact with their mother and it was nothing but bullying at best along with constant attacks on Diane. I have attended almost every court conference and hearing to give support to Diane sand her Mom and I can assure you that every single solitary word in Jim's article is the truth. I have also seen every document and financial statement pertaining to this case and what you are saying is completely false. You need to get your facts straight. Not once was it ever stated in court by the judge or the law guardian that one penny was missing. As a matter of fact, Diane handed the judge a detailed account of her mother's expenses and bills paid, complete with spreadsheets and bank books. The law guardian has all of these as well.
Jim has told you to write to him with any facts you have. yes, Diane applied for guardianship. She was unaware of the corruption that exists in the courts.
Diane Wilson is a member of NASGA - National Association to Stop Guardian Abuse. Her story is typical of everything that's wrong with feuding families sucked into guardianships.
The Stop Guardian Abuse website tells you that Guardianship/Conservatorship is Bad for your health and wealth!
"GOOD LAW – GONE BAD!"
In state courts across the country, alleged incompetents are stripped of their rights to liberty and property, too frequently subjected to violations of constitution and statute, civil rights and human rights without due process of law. This would indicate that the "protective" system has become nothing more than a feasting frenzy for the guardians and those they hire to do their bidding.
The Victims Of Guardians website tells about corrupt guardianship practices in New York State, and who is responsible for permitting them to continue, unabated, without adequate or meaningful monitoring and oversight.
The Wilson story is a common one. If Diane actually initiated the guardianship, she obviously expected that her mother would be protected by it, but she did not know any better. How many of our citizens know anything about guardianship? It's like cancer: until it taps you on the shoulder, you either never heard of it or don't want to know about it.
There are many legal questions which should be addressed in every one of these cases, as to whether the law was followed. "Victims" spells them out.
In NYS the guardianship statutes are found under Mental Hygiene Law Article 81.
NASGA sees law violations in many of its members cases. As "Victims" says: "If you don't know your rights; you don't have any!"
The system is sicker than the people they are supposed to be protecting. Guardianship and its long drawn-out litigation and appeal are bad for the ward and the family and good for the folks who feast on these proceedings and profit from the subsequent incarceration.
Yes, "incarceration"! Criminals have more rights!
Join NASGA and help us fight for reform!Lori, thank you for your insights. It's comforting to know that there are other people trying to awaken society to the plight of those caught up in abusive guardianships.There needs to be a blog or website where families can come and tell their story, on legal systems abusing families....this is a serious issue in USA, and many family members aren't computer savy, but could write comments on their experience.
Now there is genuine elder abuse in this country, and that isn't being diminished, when telling about how the 'Elder Abuse" Attorneys are using that attorney title to steal. Because the internet is full of the other stories, and there is two sides to this story, and the Attorneys, Media, Judges, Cronies who benefit are surpressing this side.
http://ezinearticles.com/?Do-Not-Be-Deceived-By-Elder-Abuse-Attorneys-And-Their-Agendas&id=6108256
Thanksfor sharing her story. I wrote about the problems of 'lawyer guardians" in March, 2011 at Ezine Articles, so here is a link to that article at the top...at the end of the Ezine Article is a link to a petition regarding this problem, that is to go before Congress at some point. Thousands of families are facing this injustice:
Thank you for sharing that, Elle.
This does not even feel like America. People must wake up to what is happening in the "land of the free. " It is all about money - payrolling attorneys.
I will have to start my own thing regarding this since JIm continues to delete my opinion. This site is one sided and does not allow people to put their point of view unless it agrees with theirs.All comments are welcome, provided they are factual; do not defame or are slanderous. If anyone wants to see the e-mail threads of my many attempts to allow you to share your story they can send me the request. Of course, since I required proof, you never answered a single question. I think, Doug/Me/my from Babylon, starting your own thing is fine.http://cookcountyjudges.wordpress.com/2011/08/06/courts-stealing-elderly-estates-removing-control-from-families-enriching-lawyers-corrupt-guardians/
Here above is a link that is interesting on this subject.
This situation is an outrage! I will never understand the mind set of the evilness of Mary Giordano, the Judge and all other high power authorities who can be using their power for the good of Guardianship instead of their own personal gain. I will NEVER understand how they can hear the cry of Dorothy and others who are in her situation who are being held against their wishes.
Just the thought of her pleading to be released from the nursing home should be more than enough for her to live where she chooses. Mary Giordano and the Judge do not have the right to decide where Dorothy should live the rest of her life, that is Dorothy's choice! Clearly Mary and the Judge aren't concerned with Dorothy's well being. In my opinion, their only concern is lining their own pockets. They stole everything they could from her and it seems they won't stop until they take every last penny, asset and memory.
Surely there has to be someone of authority who has the power to finally put an end to this evil and greed. What is their fear? How can they live with the thought they can make a difference and sit back and do nothing! As far as Mary Giordano and the Judge, I also believe in Karma, and I am looking forward to the day when they get what they deserve . . . and they surely will!!!!
Jim, thank you for doing all that you can to help Diane, Dorothy and all the others who are caught up in "Guardianship". I believe eveything that you have expressed in your articles.
As far as Me from Babylon, it is not worth the time to indulge him/her.Thank you, Deb. Your thoughts are highly valued and it appears that all of your opinions are on point.
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