The Heartbreaking Elevation of Guardian Abuse--Part VI
Posted: Wednesday, November 16, 2011
by Jim Fargiano
The Spoken Words of Spirit, Inc.
I was unsure how to go about writing this latest article in the series that has shed some light on the elder abuse case regarding Dorothy Wilson. While I was not related or great friends with her, the entire process has me feeling burned out. I can only imagine how hard guardian abuse cases are on the families of those trapped in it.
I have tried to be very careful whenever writing about the nursing homes, because they are generally not the initial cause of what is a systematic legal abuse against the elderly and others who might be health or mentally challenged. In the past three plus weeks, there has been no explanation from the nursing home Dorothy was in as to why her daughter’s call was ignored when told that Dorothy needed immediate medical help. Diane had spoken to her Mom on the phone and urgently contacted the facility because Dorothy was in distress. It appears that no one went to check on her for close to an hour and when they did her health was so bad that she was rushed to the hospital. They were unable to stabilize her, leading to the sad passing of a vibrant woman.
While it is not completely possible to say that Dorothy would still be on this side of the divide had she not been relegated to a miserable situation at the hands and insistence of her “law” guardian, Mary Giordano, of the Franchina and Giordano law firm, it is likely that she would. In my opinion, Dorothy would have been living under the close, loving care of her daughter. Obviously, Diane wasn’t even physically with her and still knew more than the nurses at the facility. There is no doubt in my mind that she would have rushed her Mom to the emergency room before the seizures got so bad that there was no hope of saving her. It was an incredibly sad and unnecessary end to a woman who was still looking forward to being released from what she referred to as “prison” to me the last two times I spoke with her.
As a spiritual teacher, not all of life will ever make sense to me; at least as far as the physical world goes. While writing this series of articles, it removes me from what I do normally. It is much easier to channel motivational and loving advice to lift people up than it is to detail the darker side of humans. I do not know how Mary Giordano, Judge Asarch, or Dorothy’s court appointed attorney, Jamie Butchin, can sleep well at night. There are others also involved in the systematic abuse of one of America’s senior citizens. Anne Recht, of AM Recht and Associates, was a repeat offender in telling outright lies in the courtroom. The perjured testimony was allowed by Judge Asarch, who assigned her as Dorothy’s healthcare manager from the onset of his stealing her freedom. There are multiple times when the law guardian did the same. Not once did the judge admonish anyone who openly created a story worthy of a fiction novel. Unfortunately, this story was real and involved a real woman, with real thoughts and emotions.
The spiral of deceit is incredibly interwoven in most guardian abuse cases. In Sara Harvey’s attempt to free her husband, Gary, the Judge, senator, law guardian and hospital that they have remanded him to, are all connected to the same law firm. This is just one simple example. I am finding that the magnitude of cases across the country seems to be growing each day. As family members gain the courage to make their stories known, and try to wrestle control of their loved ones back from illegal and immoral judges and law guardians, some moral politicians and judicial commissions might actually wake up and halt the practice of legal thievery.
Dorothy was not given her sweaters or any of the warm clothing that she wanted while in the nursing home. Her lawyer, Jamie Butchin, had a conversation with Diane about this. Diane wanted to meet with her at her mother’s home to pick up her belongings. She was denied this, being told that Jamie would meet with Mary Giordano the following week because, “they both had schedules and had to coordinate them.” An eyewitness placed Jamie and Sue, a woman from the Franchina and Giordano firm, at Dorothy’s house, early the next morning. No clothes were ever given to Dorothy. Instead, they were placed in a closet at Mary’s office. No explanation was given to her daughter, Diane, as to why she was not allowed to pick them up from there, as Diane had made it clear she would drive to any location to get her Mom’s belongings. The “law” guardian even refused to allow Dorothy to have her costume jewelry, which was all that was left since all of the thousands of dollars worth of valuable jewelry was taken or stolen by someone, with Mary Giordano’s knowledge. There was a special “Grandma” pin that was precious to Dorothy. She was not even given the courtesy of being allowed to have that.
Consider that Judge Asarch stated that Dorothy Wilson needed to be in a nursing home because he was “concerned about her safety” and one has to wonder why the home of her loving daughter wasn’t good enough. In November of 2010, he remanded Dorothy to a different facility. She was lied to by a family member whose interests were in helping to incarcerate her mother. Dorothy’s last Thanksgiving was spent crying because her “guardian” refused to let her come out to enjoy the day with Diane and family. After numerous complaints and unnecessary hearings, Dorothy was finally released. It must be noted that her thirty day stay at the Bristal cost $53,000 according to Mary Giordano’s multiple statements in court.
When the subject of putting her back in a nursing home came up again, Judge Asarch inquired whether or not there would be the same grief and disagreement about being put in a facility. His attitude made it seem like he was being inconvenienced that she did not want to be removed from the house she lived in and loved for sixty years. Anne Recht responded with, “No, we have a different Dorothy Wilson.” This was said with Dorothy sitting there and emphatically stating she did not want to go into a nursing home. Like everything else in this case, her wishes were ignored so that the ones now responsible for her could further profit from these decisions, either financially or egotistically. Control hungry people never like to be made to look bad. I might add at this point that Mary Giordano seems to have found a way to expunge any internet connections that show complaints against her. They are growing all the time. It is a sure sign that she wants to hide her actions. If they were honorable, there would be no fear or need to try to purge them from public consumption.
The New York State Judicial Commission is well aware of all of the violations, misconduct and law-breaking, but never did a single thing to stop it. Even the day of the wake, Mary Giordano allowed someone to go into Dorothy’s home to rummage through her things. On that day—highly sacred to most people—Mary still needed to desecrate Dorothy’s rights in order to find one last way to accomplish some sort of greedy act.
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Top-level comments on this article: (5 total)My mother, Mary G. Sykes is a victim of court sanctioned elder abuse. She will be 93 on January 5, 2012. She's drugged, isolated from family and friends, social activities, and living in the home of an abuser, the named respondent to a petition for an order of protection. "Next friends recently filed a ADA complaint and we pray we can free Mother for the holidays so she can spend quality time with the people she loves and trusts. In retaliation for me trying to help my mother, they have seized all my assets and pauperized me, they're trying to sell my home and my mother's home: these are evil, sick people of the lie and greed.Mary, I will keep you and your mother in my thoughts and prayers.Ms. Sykes, please help me to understand how these people were able to seize your assets? Were you sued by them? I would like to start going public re: the same of my disabled sister. Is this what they sued you for? Thanks, CynthiaCynthia, I am sorry to hear about your situation. I would suggest that you take a look at Save Dorothy Wilson Legally Kidnapped on Facebook. Diane has many links to sites that can help you. You can also go to www.stopguardianabuse.org since they are one of the primary sites in the country.
Cynthia from Kentucky -- it was easy. All officers of the court had to say was that I
stole $1.3 million from my mother, and Judge Connors of the Probate Division in Cook County entered an order to freeze my assets. Later on the court would simply have me escorted by three deputy sheriff's to the back of her courtroom, hain me tightly with handcuffs to a metal chair, threaten my freedoms and life, and then threaten the life of my companion healing dog... and then via a fax machine, cross state lines and freeze assets held by my Power of Attorney in case something hapend to me. I was never sued; never noticed; never served and I have no standing in the Probate Proceedings. Go to Youtube Mary G. Sykes and watch my mother's videos: the Court needs to silence me and get rid of me to perpetrate their crimes against the elderly like my mother....In the past, I would have thought what you just commented on would have been ridiculous. Obviously, I no longer feel that way having been a witness to so many of these same type of situations now.
I will keep you in my thoughts and prayers.
When Dorothy Wilson was tricked into the nursing home, she cried and pleaded to go home. All she wanted was to go home under the care of her daughter, Diane, and that's what she should have gotten. But no, her case was in litigation and "the wheels of justice turn slowly." So, she had to remain in the nursing home, against her will, and against her best interest. She continued to cry and plead to go home until her final day - it's all she wanted.
I feel like Dorothy Wilson was pestered and tormented until her heart and her body couldn't take it any more. Those who played any part in Dorothy's unwanted incarceration, including the lawyers, guardian and judge who ignored Dorothy's written and verbal pleas might consider that they should hang their heads in shame.
Join the national movement for reform of unlawful and abusive guardianships. Join NASGA!Elaine, I hope you recognize what a wonderful job you are doing. Please continue to expose as many cases and the people responsible for the illegalities as you can. Until all people decide to step up for one another, this will continue. Thanks again for giving Dorothy Wilson's story a platform.
Please keep the light shining on the truth of guardianships. People need to see what is waiting for their loved ones, waiting for them. The trauma and heartbreak of being tricked out of a person's home is trickery, deceit, it's criminal. Individuals who are charged with crimes have more rights and courtesies via the court system. Being stripped of our rights, our property, our homes due to aging is against our constitutional rights; it's wrong, shameful and a disgrace to all Americans.Thank you. I have every intention of continuing to lay out everything that happened. My hope and expectation is that enough people will realize that this is not an isolated case, but part of what seems to be a system of corruption.
No one's case is very unique; they're all tragic.
There's a clear pattern of corruption throughout the system, and it's driven by pure greed and lack of conscience.
The NASGA site tells you guardianship is "A good law, gone bad!"
StopGuardianAbuse!
Lori, I think they are all unique to each family, but are unfortunately part of a greater national problem. Sometimes I feel like they have secret meetings to discuss how to skirt all of the laws in order to bilk every last cent they can get. In the process, the abusers destroy families and more.Jim, thank you for this wonderful article about Mom. I still cannot believe she is gone. All she wanted to do was go home...but the people involved just wanted to take the little bit of money she had left. Why couldn't they just leave her alone? Why did they want her locked up, against her will? I was willing and able to take care of her 24/7, I wanted to, no one else did. I still cannot wrap my head around the fact that her own attorney, Jamie Butchin, would not let her have warm clothing. At least Mom is at peace now, warm and comfortable.Diane, you have handled yourself admirably through a time and process that would have made most people crumble. I am only too glad to be able to try to show whatever support I can for you, as you and your Mom deserved a much better hand.
How did the court find Dorothy Wilson? Diane Wilson brought her to court.See what happens when u bring yer flesh and blood to court? Nassau county saw money and squeezed her for all she had. Good job Diane. Thanks for making Mom's last years so happyI would think you might want to look fairly at what you and Doug had to do with this. Dorothy already made Diane her power of attorney and healthcare proxy because she was comfortable with that. When your mother's health started to fail a little, the logical step was for Diane to seek legal guardianship, which would have changed nothing, except to protect your mother more in case her health failed more abruptly. When you and your brother objected, it began a nasty cycle of elder abuse. At any time you could have stepped up and done what would have made your mother happy. Neither of you ever did that. Instead, you perpetuated more ridiculous allegations that allowed for the abuse and pathetic treatment of your mother to continue.
I am truly sorry for her passing and the sadness that had to be in her life the last three years. Now is a good time to see what can be done to honor Dorothy's memory; not to cause more devisiveness.
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