Jim Fargiano

When Family Abets The Heartbreak of Guardian Abuse



Posted: Tuesday, November 22, 2011

by
Spoken Words of Spirit inc.

My approach to this seventh article was forced into a different direction.  For those of you who may not know what I do, I received a rather unexpected “calling” to be able to communicate with the other side.  In the past eighteen years, I have found that it makes little difference when it comes to my personal thoughts about my life path.  While I have been helping people in innumerable ways during this time, either through communication with their loved ones, or by sharing the many motivational and inspirational words that come from a Higher Source, when I am sent on a varied excursion, I try to follow the call.  This is what has led me to the harsh, emotional world of law guardian abuse.  It poses a problem for me because I want to expect that all people are intrinsically good, yet I am finding that a select few are proving to the world that they obviously are not.

Recently, I met Diane at the home of her now deceased mother, Dorothy, to help her move out the treadmill Diane bought and gave her Mom to use when she was still healthy enough to do so.  A good friend of mine took the hour-plus ride to help me.  The courts approved Diane as temporary executrix of her loving mother’s estate.  Since both of Diane’s parents felt that out of their three children, she was the only one they could trust to give power of attorney, healthcare proxy and ultimately the executrix position, automatically one would have to assume that the eldest and youngest sibling did not warrant that respect.  While I have had to write the previous articles based on witness statements, court transcripts, e-mails and comments to my writings, much of the information had been given to me by Diane.  Until I started researching what she was telling me, I had to trust that everything she told me contained no falsehoods, regardless of how unbelievable some of what she shared was.  While I never had reason to doubt her, seeing things in written words only validated her truthful demeanor and approach.  It is remarkable to see that family members who are supposed to love their mother could team up with a seemingly corrupt judge, law guardian, healthcare manager and even Dorothy’s court appointed attorney to propagate, extend and expand the abuse.

What should have been a simple project and favor for Diane, turned into a wasted day of everyone’s time.  While my friend and I were in the basement trying to figure out the easiest way to hoist a very heavy piece of exercise equipment up a tight flight of stairs, Diane’s brother stormed into the house.  To ask for simple pleasantries was immediately out of the picture, as his attitude was as nasty and narrow-minded as some of the e-mails and comments he had sent me.  I said hello to him when he came downstairs, and he started asking what we were doing, even though he had already been told upstairs.  I have learned that the best way to see the true demeanor of a person is to let them speak.  Virtually every word that came out of his mouth was either antagonistic or a straight out lie.

My intention had been to keep Diane’s siblings out of any further articles, but after this incident they both earned their way back in.  Law guardian abuse cases are difficult enough.  Judges will seize on family dissension as an excuse to wrestle control away from the person who should be the rightful guardian.  When you have someone like the brother in this case, then it becomes even more difficult because they will align themselves with the corruption, rather than with what should be done in the best interests of the person put into guardianship.

Upon her mother’s death, Diane applied for and received temporary executrix status.  She was given the power to handle the estate until an upcoming court hearing grants what should be an approval in an open and closed case.  Since Dorothy named Diane as her executrix, and considering that she has been wronged for close to three years by a corrupt system, she is hopeful that a different court, with a more sane judge, will enforce the will as her mother wanted it.

The incident I was referring to spiraled out of control.  Her brother stomped around the house spouting that Diane was not allowed to be there and that she had no right to be removing anything.  My first thought was that he was ignorant of the regulations imposed on the temporary certification.  However, as he kept talking, he invoked the name of Mary Giordano several times, stating that “Mary said…” and then would spout off about many of the falsehoods that led to the deceit, violations of Article 81, and illegalities pertaining to his own mother.  Cabinet and kitchen drawers were being opened and closed; then three pairs of sharp scissors were placed on the table in front of him.  Whether it was conscious or subconscious, the fact that he laid them out was meant to intimidate us.  Diane’s brother called their other sister, who he has been allied with, to come over.  He called the police.

To put this in concise context, I sat and listened to lie after lie erupt out of each of their mouths.  It was directed at Diane and then to each of the police officers.  I think they both assume that saying something repeatedly will make it magically become truth.  Having been privy to numerous transcripts and e-mails, the truth was already known and it was not coming out from them.  Dorothy’s son tricked her into signing the title for her car over to him during one of his last visits to the nursing home to see her.  The title to the car is something he would have only been given by Mary Giordano, the abusive law guardian, and was done against the judge’s authorization. When Diane’s sister stormed into the house, she blurted out that some crystal pieces were missing before she even got across the living room.

While these charades were going on, Diane continued to be forthright and honest, although she was rightfully becoming more emotional.  I am amazed that she is keeping meticulous records of everything she has been doing to prepare her mother’s home for sale and worrying about making sure her two siblings causing the ruckus get their equal share of the pittance of money that might be left after everything is done.  Then again, I really am not because Diane has proven to be the only person speaking the truth in this entire case.

Perhaps what is most important here is not that Dorothy’s son did not know when she passed over, or that Diane is the executrix, as their mother wanted, but that family anger and arrogance is often the root cause for many of the guardian abuse problems.  It is a shame that those who only have good intentions are the ones who end up being abused by the systematic corruption.  It intensifies when family members whose sole intention is to further their own personal needs, and not the needs of whoever needs the help, align themselves with the people who are taking advantage of the situation.  This was made very obvious when the corrupted law guardian’s name was mentioned repeatedly, as though she was their savior and would validate the misinformation they spewed.

This is perhaps one of the most dangerous family situations that can cause more unwanted cases of law guardian abuse and neglect.  In this case, while each of Diane’s siblings would occasionally visit their mother in the nursing home, they would tell her to, “get use to it; you are never getting out of here” or “Diane put you here.”  Obviously, the first statement is not what a depressed and desperate elderly woman wants to hear from their child when all she wanted was to be released.  The second statement was designed to confuse Dorothy and try to turn her against the only child she had who was fighting for her to be free and happy.

What we are all left to ponder is how do we find judges who are principled enough not to fall for the absurdity of the weak-minded, selfish and untruthful members of the family?  Instead of doing what happened in the Dorothy Wilson case, where a Supreme Court judge was made to look like a buffoon by the law guardian and others because he allowed the illegal and immoral actions to take place, there should be an automatic right to challenge their rulings by a family court judge.  It would certainly make them think twice about preying on innocent, loving people.

My personal contact, limited as it was, certainly opened my eyes to the irascible behavior of two of the people I had only been hearing about, except for the aforementioned e-mails and article comments that slandered and defamed Diane.  I am proud that I have chosen to get the information from someone who deserves redemption and apologies from many people who have done their best to drag her through the mud.  She and Dorothy deserve better, and with consistent support from more and more people, I expect that they will.  The spiritual truth always rises to the top.
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Top-level comments on this article: (4 total)
» left by the normal one from no where 65 days 2 hours ago.
You continue to amaze me...how dare you write about Dianes brother and sister on the point of slander. I hope you get sued for all the false statements you are making. I challenge you to let the siblings speak their side. Dianes brother contacted you several times and asked you to call him to discuss and you did "not have time for him" You and Diane both delete everything that does not she a positive outlook on Diane. Because the siblings thought the nursing home would be the best for their mother does not make them bad people, that was their feelings. From the beginning Diane was the one who got the law guardian involved not the siblings. Stole money to pay for her lawyer from their mothers account which she was ordered to return. Took money from her mothers account and put it in her childrens which she was ordered to return. Has continually tried to control and take everything that she thought she was entitled to. Funny how noone wants to listen to her in the courts. How come her siblings get along fine and she doesnt? How come the officer was going to cuff her because she refused to stop. Dianes siblings are well off and do not need the pittance of money you speak of. Mary Giordano asked the brother to sell the car. You need to stop slandering a man that you clearly know nothing about who has been a good citizen and person to all. Try to find someone who knows the brother personally that will state he is all that you say! Where is the mothers Diamond ring, crystal,,,etc...that is now missing from the home. As far as I can see Diane thinks she is entitled to everything with disregard for her siblings. Being executor does not mean that she is entitled to everything it means that she is supposed to divide the assets equally. Did Diane

ask her siblings if they wanted any of the items she removed from the home? NO It is not your place to slander people you know nothing about if your such a spiritual man. You have to realize their are three children involved here and because two of them and the courts believe Diane is wrong doesnt mean she is right... be a man and leave this on if your telling the truth...guess the courts will decide where this is going! AGAIN!
» left by Jim Fargiano 65 days 2 hours ago.
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Could you tell me how you know for a fact that Mary Giordano told Doug to sell the car? Are you aware that the judge said that the car could not be sold until things were resolved in court? Are you aware that I had a string of e-mails from Diane's brother, where I listed all of the questions I wanted answered, but that he submit them with proof? I told him if he could back up what he was saying that I would include them in an upcoming article. Not one question or proof of anything was given to me.

If you have all of this knowledge, please e-mail the supporting documentation. Diane is not stealing anything. There are records being kept by her for everything because she wants to make sure that all the proceeds are distributed evenly. That certainly makes her more trustworthy than the majority of humans, especially since she has been under seige by the two people she is concerned gets their fair share. Your assertion that the officer was going to cuff her is as blatant a lie as there is. Were you there? I was, and that never happened. No one is slandering anyone when there is proof, either by written words or witnesses. Once again, virtually everything stated on behalf of Doug and Candi is false. You can send all of your proof to www.jimfargiano.com. Thank you for taking the time to do that, since I want to make sure I can correct the record if what I have written is wrong in anyway.
» left by Naiyma from New York 55 days 22 hours ago.
I'm curious Jim if you ever received the proof that you requested.

In response to this: "Because the siblings thought the nursing home would be the best for their mother does not make them bad people, that was their feelings."

To the Abnormal One from Nowhere:

Uh..no. Just as you say that it does not make one a bad person to put their mother in a nursing home, and you are entitled to your feelings, others are entitled to their own feelings about the situation. Putting someone's mother in a nursing home against their wishes, AND when there is a family family willing to look after them, most certainly is indicative of someone who is acting in an unconscionable manner, AND being very spiteful for your own selfish reasons.

Do tell, what kind of upstanding person would want to align themselves with the State, and an unethical Guardian who is misappropriating the remaining monies, against their mother's wishes. Even if it were proven medically necessary that she be in a nursing home, which it wasn't, because I attended court proceedings, the Guardian was not acting in Mrs. Wilson's best interests, and it doesn't matter how many times you say otherwise, it doesn't change the facts. The Judge in essence directed the Guardian to research the sale of items until FURTHER NOTICE when he would rule AFTER he received medical records. Thank you for confirming though that the brother was in cahoots with the Guardian.

Of course the courts sided with the siblings who wanted to help them facilitate keeping her in the nursing home until her funds were dried up. Duh.

Blah, blah, blah, money, money, money, diamond rings, and so on. Perhaps you should have been forceful in expressing your views when your mother needed a warm coat and was begging to return home.
» left by Jim Fargiano 55 days ago.
11 fans. Follow Jim Fargiano on twitter!
As expected, no proof came forward from "the normal one from no where." I listed a series of simple questions in previous e-mails. The only response I have ever been given were nothing more than a personal attack on Diane. Nothing has changed. Some people need to bloviate and bluster about things when they are wrong, in order to give others the impression they are in the right. I'm glad virtually everyone can see through the tactics that are so demeaning to Diane and their mother.
» left by Lu Ann 65 days 2 hours ago.
"The normal one from no where"??? If you believe your comments to be true, why are you hiding behind some silly name? It is obvious you are a friend of "the siblings", if not actually one of them yourself. You obviously do not know Jim personally, or you would know him to be honest and truthful. Diane's siblings are not named by name either.

As far as hearing their side of the story, I'd love to--reasonably, coherently, and using their own names. And if they're as well off as you claim, then why should it matter to them what happens to their mother's estate if they don't need "the pittance" it will bring?
» left by Sara from NY 64 days 15 hours ago.
AMEN Lou Ann. Hide behind a screen name seems like there is a great deal to hide and why should anyone believe anything "normal from no where" has to says. Normal people are usually honest. You got that right "no where" is just where you are headed.
» left by Becky from Texas 62 days 22 hours ago.
Mr./Ms. "Normal One" from "Nowhere", I find your comments to be very self-satisfying and too opinionated to be anyone BUT one of Diane's disgruntled siblings. It is apparent that you have alterior motives. Pull that wild hair out of your @$$ and see things the way your mother wanted them. Quit blaming your sister for upholding your mother's wishes. You shouldn't despise Diane just because you weren't as trustworthy or responsible as she is. Your motives are filled with hatred & you have been blinded by the hatred. Get over it! Rather than fighting her, you should draw from her example and try to be more like her. Its a shame that the death of your mother has made you into such a bitter person. Dorothy would be ashamed of, and very disappointed in, you and the other bitter sibling. The way the two of you are behaving really is dispicable.
» left by Deborah
from New Yoek
59 days 14 hours ago.
I agree with all that Becky and Lu Ann has stated in their response.

"Normal one from Nowhere" clearly one of Diane's siblings. How would she/he know that Mary Giordano told the brother to sell Dorothy"s car? ...what gives Mary Giordano the authority to do so anyway? Wasn't that an illegal act, you would think a lawyer would know the law.

She also asked the question," How come the sibling get along fine and she doesn't?"

There is that old saying . . . Birds of a feather stick together...Diane's brother and sister are DISHONEST and Diane is HONEST.

Jim only writes the truth. He is a very kind, honest, spiritual man.

"Normal One from Nowhere" should be ashamed of herself/himself.

Hopefully when you are back in court you will do the right thing and stop being so hateful!
» left by Naiyma
from New York
55 days 22 hours ago.
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