Jim Fargiano

Overcoming the Heartbreaking and Emotional Drain of Condoned Law Guardian Abuse



Posted: Monday, January 09, 2012

by Jim Fargiano
The Spoken Words of Spirit, Inc.

How does someone overcome the heartbreaking and emotional drain of dealing with legally approved corruption?  If there was a simple answer for that question, it is the need to raise awareness of an unsafe and unjust system.  It has been awhile since my last article on this topic.  Aside from the general busyness of the holiday season, I found myself exhausted on some unexplained level.  The mere thought of having to discuss anything further about the final few years of Dorothy Wilson’s challenged life had a nauseating effect on me.  There were many times when I would quietly ponder how anyone would allow another human being to be stripped of their rights; literally, figuratively and financially.  This was even more troubling because Dorothy had more viable, loving and much happier options available to her.

You would think that considering all of the grief that Dorothy’s law guardian, Mary Giordano, caused both Dorothy and Diane; the only child fighting for her happiness; that when Mrs. Wilson passed into spirit that Mary would have stopped her nonsense.  Instead, Diane, who was rightfully assigned as the executrix of the meager estate left after Mary Giordano was given free reign to financially plunder several hundred thousand dollars through a reverse mortgage and other ways, with the approval of Judge Joel Asarch, is still fighting for the pittance of money that was left.  Mary Giordano has had no trouble forwarding the bills associated with the cost of maintaining Dorothy’s home and previous care.  However, she has not released the funds to pay for it.  All of her actions continue to highlight how unscrupulous, callous and greedy she is.

Perhaps one of the aspects of this law guardian abuse case; as in many others, is the complete lack of concern for anyone else who is affected.  This holds true for family, friends and even more.  Once Diane was put in charge of her Mom’s estate--as Dorothy had wanted from the onset--she started to find more and more of the absurd care that was taking place.  The house was already put up for sale, but once Diane was allowed into it she spent hours and hours of her own time cleaning and organizing things to make it presentable.  Diane and witnesses found certain things that were glaringly improper.  We could begin by wondering why a binder with the order from Judge Asarch approving Dorothy’s relocation was found in the freezer.  Could it be simply because it was in clear violation of Article 81?  How many honest lawyers file their client’s documents in the back of a freezer?

Under the care of Anne Recht, the healthcare manager, Dorothy’s medicines and medical waste, including used needles, were found scattered throughout the home.  They were in file cabinets, dresser drawers, a sewing machine cabinet, upstairs in a room where the aides slept, in the garage and in the refrigerator.  People were coming and going in this house, including children, as Mary Giordano had put it up for sale without authorization.  I can only speak for myself, but I would not be comfortable having inquisitive children stumble across a box of needles that were not properly stored.  Many of the needles were pre-filled with medicine.  There was even an IV pole with several needles and medicine connected to it that was left out in the open.  Anyone could have been poked or injured by them.

In addition to the medicine, hundreds of dollars of expired food had to be thrown away because of the parade of aides.  While some were very good to Dorothy, others would not take the time to go through the cabinets to see what was available to cook.  The amount of wasted money would be unacceptable by most households, but under the “care” of Mary Giordano and Anne Recht, Dorothy’s funds were routinely misused.  I personally remember the smile on Dorothy’s face one time when she attended a prayer and meditation meeting I held.  The only requirement ever requested was that whoever comes to these meetings has to bring food for the pantry.  She was more than happy to do that with Diane.

If the populace does not awaken to the fact that situations like Dorothy Wilson are taking place all around the country, then the actions of lawyers and judges who elect to scam the families who are caught up in it will continue to take place.  What I have found with my inquiries and conversations with numerous people is that the majority of society seems to be intimidated by the judges and guardians responsible for the illegal and immoral activities.  They are generally “well-connected” people and can make the lives miserable for those who stand up to them.  Since they are in positions of power, they feel confident in trampling the civil rights of those they deem they should control, not to mention that they feel safe from prosecution because of the standard “old boys club” that still exists today.

This problem will persist unless enough citizens raise their voices and get the media—social and mainstream—to start putting a spotlight on many of the cases around the country.  It makes no difference if the victim is someone’s mother, as in the case of Dorothy Wilson, or a husband like Gary Harvey, whose rights were taken away from him and his wife, Sara, when a guardian was put in charge.  These are only two examples. The list goes on and on when it comes to the vulture-like attacks that take place from many guardians who greedily profit from an unchecked system that needs to be seriously addressed.  Law guardian abuse seems to attack the elderly frequently, but is no stranger to the mentally impaired or physically challenged.  Estates are systematically stolen from their rightful owners and family.  What will it take for you to feel angered or passionate enough to take a stand and begin to hold the politicians accountable, who also want to hide behind legalities, mostly out of fear that it will hurt their career path?  They have the power to change the laws, but many are either unaware of the rampant disintegration of civil rights, or they have chosen to be a part of the problem by ignoring or partaking in it.  Often times, those who know about it do not take action because it is their colleagues, friends or acquaintances that are part of the corruption.

It would benefit an array of struggling victims to know that their voices are not being discarded by society.  Let your compassion and the gauge that all people have that tells them the difference between right and wrong land on the right point.  In this way, you will become a pillar of support for the meek and not a lamb led to slaughter by those who abuse the power that they wield.
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Top-level comments on this article: (6 total)
» left by Jeanette
from Phoenix Arizona
129 days 17 hours ago.
I have not only experieinced this in the elder care community with Dad, but this same type of abuse exists with CPS in cases with minors. I have raised my 16 year old grandson since birth and was his legal guardian for over 8 years. I relinquished that guardianship last year when he wanted to return to live with his Mother. After a few months, he found himself in the same situation I had taken him out of, and he returned to live with me. Last September he started smoking weed and drinking after his short stint with his Mother and left home again. This time his brother's father, no relation to my grandson, secretly went to court to file a dependency petition to gain control of my grandson. I was not advised of the court proceeding, nor was I contacted or consulted by CPS. I was informed by CPS that "I was not a party to the case". They would not review his psychological records, or allow me to speak with the judge. This man is on the school board, has multiple connections, and did this to get his mother (my dauthter) out of the picture so he could run for city counsel. He also receives $750 per month for his care from the state, even though I NEVER received a dime to raise him. I have not been allowed to see or speak to Dakota since September, to spite my multiple calls to CPS and to the state legislature. I am told I can only visit him with his NEW foster parents SUPERVISING me! I refused since their report would be sent to the judge and is obviously biased. I was told by CPS that they would make a request to the judge that I would NEVER see the child I raised again. And I did nothing except raise him. I'm at a loss!
» left by Jim Fargiano 122 days 17 hours ago.
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Jeanette,

Sorry for the slow response. I am aware that your situation is every bit as serious and heartbreaking as the elder abuse cases. In some ways, it might be worse because the people doing this are ruining young lives without giving it a second thought. Please know that you are in my thoughts and prayers.

Jim
» left by Sara
from New York
129 days 15 hours ago.
Sick the world we live. There absolutely needs to be more accountabilty for the powers to be who come in and take your loved one against there wishes all for the mighty buck. Guardianship is a business plan to these professional looters. Federal and State funding being abused in an already over paid highly rated "care plan" they call " long term care" problem is they left long and care out of the long term by drugs to attempt to shorten your loved ones life. Who makes out? Not your family.

These professionals used the family to plot against each other and get them fighting in some cases, so they can step and take care of the business plan of stealing the assets.

Not all are bad, there are a few good honest ones left. Problem is there are very few.
» left by Jim Fargiano 122 days 17 hours ago.
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Accountability is the key, Sara. There is so much open corruption that takes place that it is unimaginable by most people's standards. All we can do is continue to try to educate the public that all of these guardian abuse cases are taking place.
» left by Latifa Ring
from Texas
129 days 14 hours ago.
Thank You Mr. Fargiano for your eloquent article. I too find it sickening to focus on the many stories of abuse and especially find it painful to discuss my own experience fighting for a loved one under gaurdianship

What may have started off as a good idea (there are people who are disabled or incompetent who need protection) has allowed those in the know who stand benefit the most for this system to craft a set of laws and get them passed in the States that enable them to essentially legally loot the estates of those put under "protection" by the courts.

» left by Jim Fargiano 122 days 17 hours ago.
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Thank you, Latifa. I appreciate your input. Sorry it took me so long to reply.
» left by Lori Duboys from MA 129 days ago.
NASGA - National Association to Stop Guardian Abuse - is fighting unlawful and abusive guardianships across the country.
» left by Jim Fargiano 122 days 17 hours ago.
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Lori, it is groups like NASGA that need to continue to carry the torch to shine a light on the abuse that takes place. Even articles like this one are seldom allowed to be posted anywhere. I've found it difficult to share this story because the rejections come in with a variety of false excuses. After printing the first set of articles in this series, Yahoo decided that this one was better suited for a personal blog. They did not want to get caught up in something that has legal repercussions. It only illustrates the need for everyone who is going through these circumstances to unite and stand taller. Thanks for the excellent work you are doing.
» left by Jorge Anderson, PhD
from California
128 days 18 hours ago.
Your not alone I have been in a similar struggle since 2004 in the state of NJ over my mother Alvahteen M Anderson before the Racist and biased Judge Walter Koprowski. The fact of the matter is The court started this fishing expedition with a piece of mail stolen by half brother. I have been fighting to get my mother from under an abusive Public Guardian who ignores court orders to provide monthly reports. I have been under great duress for so long now its a wonder how I get up on some days but I realize if I shut up my mother is going to be left to the devices of these predators. My Motehr gave me her POA and health proxy but the state through Judge Walter Koprowski continue to violate my mother 4th 5th and 14th amendment rights using stolen US mailand ignore my constant Jurisditional challenges
» left by Jim Fargiano 122 days 17 hours ago.
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Jorge, your story is not that different than others. Thank you for taking the time to share it.
» left by Amiee
120 days 15 hours ago.
Diane, this sickens me to the core. As we all know we should respect and care for our elders as you tried to do with your Mother. To many sicko's think that children and the elderly have no voice. With everything you are going through and you still help others. You are an angel sent to us.
» left by Jim Fargiano 120 days 12 hours ago.
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I couldn't agree more--especially with your last sentence. Thanks for commenting.
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