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10/24/11: Today we mourn the sudden passing of
Diane Wilson's dear Mom, Dorothy. All she wanted was to go home
under the care and love of her daughter....she was so close.

Mother of Member Diane
Wilson
Read NASGA's 8/25/11 letter to Judge Joel Asarch
Join 'SAVE Dorothy Wilson Legally Kidnapped' on Facebook!
A Heartbreaking Story of Elder Abuse
By
Jim Fargiano
08/31/2011

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.
I have been
privileged to know Diane for over
five years. During that span, she
has never been anything but helpful,
loving and compassionate to
everyone. Doing what I do for a
living generally makes me able to be
a pretty good judge of character.
Ironically, it is a judge and his
decisions that prompted me to write
this article. The choices and
attitude he has expressed have been
protected by legal statutes. While
they might be legal, they are far
from moral, ethical or
compassionate.
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?
Jim Fargiano can
be reached on Facebook and Twitter,
but most easily through his website
at:
http://www.Jimfargiano.com. He
is a widely recognized leader in
spirituality and posts messages he
receives from the other side almost
everyday. Short quotes will be on
the fan page for The Spoken Words of
Spirit on Facebook, as well as on
his home page. Longer messages can
be read at
http://www.jimfargiano.blogspot.com.
If you are serious about improving
your outlook on life, then take
advantage of the opportunities Jim
provides.
Life is best
lived when we share insights to
inspiring words and deeds with each
other.
Article Source:
http://EzineArticles.com/?expert=Jim_Fargiano
and
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A
Heartbreaking Story of Elder Care
and Guardian Abuse
by
Jim Fargiano
09/06/11
My last posted article took me far
away from my comfort zone. In “A Heartbreaking Story of
Elder Abuse” I outlined the plight of my friend’s fight
for her mother’s rights to be restored. Whether you
believe in the ability of mediums and psychics or not,
that is generally what my efforts are put into. It was
not something I sought, but rather given by a Power
unexplained to me. Over the years it has allowed me to
have helped thousands of people get focused on their
life path, as well as to bring about a healing to most
of them on numerous levels. The reason I am sharing this
is that I have always tried to adjust to what is
requested of me by the “inner drive” that often seems to
differ from my personal concepts, wants and desires.
That probably makes more sense to those of you who are
on a good spiritual or religious path.
As my friend, Diane, continues to put up a noble effort
to overcome court decisions that have consistently
denied her of her rights, as well as violated her
mother, Dorothy’s rights, it became evident that
“someone” wanted me to take on a more active role in
bringing this situation to light. In my circle, my
abilities and strengths are fairly well-known. I have
shied away from the spotlight for many personal reasons;
most based on my own insecurities. That was one of the
causes for me to be feeling a bit timid about this new
push to bring attention to something well out of my
cocoon of safety. However, I also knew how important it
was to move forward.
Considering that bringing attention to another elder
abuse case going on in this country has brought me
numerous e-mails and messages asking for my assistance
in similar situations that others are facing, I
hesitated even more in writing this second article.
However, if I stay silent, I am only adding to the
problem and not helping it to be recognized. That would
put me in the same cluster of others who know about
elder and guardian abuse, but do little to stop it.
Apparently, my personal phobias are being overridden in
the hopes that some of what I share will help at least
one person. I am as far from an activist as anyone could
be, as the inspirations and teaching I do comes in the
form of allowing others to be self-empowered.
It was curiosity that got the best of me. Diane, who I
have known for closer to six years, has never showed
herself to be anything but loving and concerned about
others. There are some people who are natural magnets
for ridicule by family and strangers alike. Usually,
this is because those people are either jealous or feel
threatened by those who are trying to do the right
things in life. Many of them are judging without cause.
It is a problem that runs unnecessarily rampant in
society. For over two years, I witnessed Diane struggle
to deal with a judge’s power and ego-driven attitude in
making his decisions. His rulings were based on blatant
lies by others, testimony and statements that in many
cases would be seen as perjury, are what shaped his
erroneous opinions of my friend. It is a dangerous
precedent to disparage someone for their behavior when
you have nothing more than the hearsay of the people you
put in control of an elderly woman, and who is
financially benefitting from having autonomy over her.
I decided to do more than just give Diane moral support
and have made a conscious decision to let other people
across the country know about her battle to save her
mother from being unwillingly incarcerated in a nursing
home. While I know many facilities are excellent, none
of them are excellent enough to override the desire to
want to stay in your own home of sixty years, or to stay
the remaining years of your life with the one daughter
(in this case) who loves and wants to take care of you.
I cannot understand how the laws that are supposed to
protect people--under the guidance of judges--are
twisted so that the judges and lawyers can benefit,
instead of protecting the citizens who need the help.
My career has me dealing with emotional situations
amongst family members on a weekly, if not daily basis.
One person would tell me things about their spouses,
parents, children or siblings that would make them seem
like monsters. The truth is almost always better, albeit
in many cases somewhat true. Personally, Diane would
tell me about the differences she had with her siblings,
yet I did not ever hear her say anything horrid about
them. While I totally believed her, in the last few days
I have witnessed a side to them that magnifies their
attitudes and the truth of my good friend. This came
through comments they made on a Facebook page intended
to shed some knowledge about Dorothy’s plight. One made
comments that showed he was only thinking about himself,
and not an inkling of concern for his mother. The other
posted an angry, vile, run-on sentence of baseless
accusations and name calling. Again, it showed me that
Diane had every reason to try to legally protect her
mother from them.
My assessment of what has been happening came more into
focus. Dorothy is being used as a pawn by a judge, law
guardian and healthcare manager who all seem to be
benefitting from a rift in the family. While Diane’s
siblings made it pretty clear that it is all about money
or themselves (my viewpoint after reading and hearing
about some of the courtroom escapades), they have done
nothing, in my opinion, to have helped their mother to
live with some dignity. I have no right to attack her
siblings, and quite frankly am not doing that, nor do I
have any interest in doing so. Had they not decided to
oppose that their sister be given legal guardianship,
none of this would have happened. Diane had already been
made power of attorney and healthcare proxy by her
mother, so the real fault lies in the lap of the judge,
as he showed a lack of compassion and commonsense.
Instead of setting up arbitration or having the family
sit with a mediator, he seized control, thereby making
sure that the differences amongst them would be
inflamed. He did this despite the fact that the lawyer
Diane wanted to use during the early stages of this
trauma emphatically stated to the judge, law guardian
and healthcare manager, that he had known the family for
twenty years and that they were having the wool pulled
over their eyes by her siblings. It appears that the
magistrate already had a plan of control and seizure of
Dorothy and her estate in his mind, because he not only
dismissed the attorney’s statement, but also disallowed
him from representing Diane any further.
I was shown some of the court papers about this case
over the last week. There is one in the public record
that states that Diane’s siblings refuse to speak to
her, yet the judge always manages to blame my friend for
the lack of contact. It is convenient for him to do that
because he gets to keep controlling opinion of the small
estate by openly defaming Diane. In two years, this
judge has allowed the law guardian to run rampant in her
spending; most of which directly went into the pockets
of herself and her law firm. In addition, neither she
nor the judge did anything to reel in the absurdity of
expenses tallied by the so-called healthcare manager. In
reviewing some of the public records, I found that there
was approximately $12,500 spent on “medication pours”
over about the course of a year or so. When I broke the
numbers down, they were being charged $135 per hour to
separate Dorothy’s pills for her. This is something that
Diane used to do for her Mom and told the court she
would still do, but was disallowed. That is just one
example of the absurdity that is being authorized by
this Nassau County, NY judge.
All I can speak to is my perspective of what is
happening. At about the same time the judge ruled
Dorothy into a nursing home, despite Diane’s home being
cleared as suitable for her mother to live in, all
physical therapy was stopped. Dorothy was lied to one
afternoon by the law guardian, the healthcare manager’s
associate and another person, and told she was being
brought to a doctor to have a medical problem looked at.
Instead, she was initially checked into a nursing home
that had only substandard reviews about the medical
care. Dorothy was then brought to a hospital that was
inconvenient for her children, and especially for Diane.
For eleven days, she was forced to stay without her
walker, clothes or therapy. This systematic neglect was
to ensure that there would be “lawful” excuses to remand
her into the custody of a nursing home. What this law
“guardian” did was to try to create a weakened body
because that creates a weakened heart, desire and mind;
not to mention hope. It was her way of trying to seize a
firmer grip over the life and assets of a still
functioning, aged woman. Regardless, the strength of the
soul and person’s spirit will not diminish if loved ones
fight for them. When people of power begin to think
their word is invincible, they are the ones who are
responsible for the pathetic demise of a country and
system that was derived from Godly principles.
Society is run by a set of rules that man has made. Most
of them are designed to keep people safe, as well as
protected from thievery. It is when those who create the
laws abuse them, that many “regular” people feel
overwhelmed and hopeless. While the universe runs best
under the Golden Rule, human failures will still run
amuck by those of greedy hearts and minds. This is when
you have to take a stand against the injustices that
happen to genuinely good people. My hope is that someone
who has some backbone and legal prowess, as well as the
ear of the media, will take on this corruption. However,
none of that will matter if other people do not take a
stand against this legal abuse, and often enslavement,
of our senior citizens and others who are challenged in
physical or emotional ways. It is time to get the word
out about a serious problem that always seems to be
swept under the proverbial carpet. What steps will you
take to make a difference, regardless of whether or not
you are personally impacted by a similar situation or
not?
Source:
http://jfargiano.searchwarp.com/swa769043-A-Heartbreaking-Story-Of-Elder-Care-And-Guardian-Abuse.htm
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The
Heartbreak of Elder Abuse Continues
by
Jim Fargiano
09/21/11
I
will continue to be amazed at the ludicrous actions of
those in charge of protecting our citizens. This is the
third installment of the blatant elder abuse case that
my friend’s mother, Dorothy Wilson, is a victim of. On
September 19th, the latest conference was
held, only to end in the call for another conference
without a date being set. The judge decided that after
listening to what seems to be more lying and perjured
testimony from the law guardian and healthcare manager,
that he wants a health evaluation from the current
nursing home that Dorothy Wilson is incarcerated in.
Mrs. Wilson’s health has spiraled down somewhat since
she was deceived into leaving her home of six decades by
the law guardian and healthcare manager’s associate.
This was bound to happen after the law guardian made
Dorothy move from one nursing home to a hospital to
another nursing home within thirty days. It is ironic
that in open court, one of the excuses submitted was
that moving someone like her from place to place would
be harmful to her mental and physical state. The
“place” they were referring to was her daughter,
Diane’s, well–equipped home, where Dorothy has
repeatedly stated she wants to go to if she is not
allowed to stay in her own home. I must be clear that
this is no indictment of any nursing home because they
do serve a necessary and worthy function.
On the day of this latest hearing, Dorothy Wilson was
not allowed to attend. Her law guardian, whose firm is
in Garden City, NY, failed to make arrangements to have
her there. When Diane left several messages for the
fourth party in this case, her mother’s appointed
attorney, to ask her to make it happen, she did not get
a timely response, so Diane called the nursing home.
She was told by the social worker that the director of
the nursing home stated, “It will not be safe for
Dorothy to leave the nursing home.” This woman went on
to say that prior to being transported anywhere, Diane
would need to be trained by the staff. A follow up call
to the correct department at the facility was made,
where she was told it would take five to ten minutes.
She was denied the right to have this done before the
conference. Diane has been getting her Mom in and out
of the car for a long time without incident, but
suddenly she needed to be trained in how to do this. It
was another blatant attempt to keep this elderly woman
from having her own voice heard in the courtroom in
front of the NY State Supreme Court judge who is
responsible for this entire situation.
It must be noted that the following day, Dorothy’s
safety wasn’t a concern for her to leave and go to a
doctor appointment (not her own long-time physician)
that is approximately the same distance as the court.
While there was an original excuse that there were not
enough funds to transport her, suddenly funding was not
an issue. Dorothy and Diane are lied to on a consistent
basis. I am not sharing anything that cannot be
substantiated. The trail of evidence is pretty easy to
follow, but the pompousness of the offending parties is
such that it makes no difference to them.
There were several people who attended the latest
conference to show support for Diane and her Mom. All
of them appear to have gotten the same thing from the
mockery of this judge’s courtroom--that it is apparently
legal to bleed the last of Dorothy Wilson’s money out of
her account while she waits dejectedly in a place that
she did nothing to deserve to be put in. I can say this
because the alternative to her own home would be to live
in the home of Diane. The healthcare manager had sent a
letter to the judge for the previous conference stating
that the house met all of the standards needed to have
someone handicapped live there safely. Dorothy, at age
eighty-seven, has some knee problems that make it hard
for her to walk, but she is able to do so pretty easily
with the help of a walker. The renovation to the
bathroom she would use all came out of Diane’s own
money.
During the hearing, the law guardian blurted out that
“Diane took twenty thousand dollars from her mother’s
account.” What she failed to say was that when this
case first began, Diane had power of attorney and sought
legal counsel to apply for legal guardianship herself,
as well as to get advice on how to manage her mother’s
money while she applied for it. However, the judge
removed her as Dorothy’s power of attorney, and
healthcare proxy, and assigned it to the current woman.
At that point, all of the financing was requested.
Since Diane had records of every penny spent, this was
easy for her to do. She had a bank check made out and
gave it to the law guardian for $19,326.76 on March 26,
2009, which is the only amount remotely close to what
was stated. If that money is missing, wouldn’t it make
sense that it is missing at the hands of the guardian?
According to sources, Dorothy’s appointed attorney did
little to fight to have her client at the hearing, nor
fight to get her out of the nursing home. This entire
alliance has given the appearance of some form of
collusion, yet I am unable to state that with certainty
until I receive more information. It does look like the
“game” they play is to rant about things in the
courtroom that are baseless, but once said, become part
of the public record. It is yet another abuse of the
legal system that has gone on unchecked by the judge
handling this case. Until this latest hearing, he has
consistently cut Diane off in most of her efforts to
speak, but with this case gaining in national awareness
amongst guardian abuse sites and more, he had no choice
but to listen.
It must be noted that the main players in this abusive
situation are all well-positioned. There are clear
conflicts of interest; at least as viewed by most
people. You have a law guardian who is the past vice
president of the bar association; a healthcare manager
who sits on the boards of several groups who are
supposed to protect the people who are being taken
advantage of. The judge is a NYS Supreme Court justice,
so their clout either intimidates or squashes all
legitimate complaints against them. The appearance of
wrongdoing is obvious to anyone who knows about this
case, including the people who have been at the
hearings.
My life is about seeing everything from a higher
perspective; one where I look at people from more of a
soul basis. In addition, I am well aware of life
lessons, both physically and on a more spiritual
plateau. This causes me to see things in a different
light than most. I will always try to give the benefit
of the doubt to someone who makes poor judgments,
improper decisions, or errors in attitude. The people
involved in this guardian abuse case have given me
reason to question much of what I have learned. It has
happened gradually; first by thinking that all people
are intrinsically good, then by looking at how greed can
weaken the mind and erupt into having no commonsense.
Had there been any, then the court would be able to see
that there is only one truthfully loving child doing her
best to make her mother’s wishes be fulfilled.
I will leave you with the actual words from eighty-seven
year old, Dorothy. She handwrote her plea to get out of
the nursing home the night before the conference. There
are several other letters written by her over the past
two years, but Diane was always accused of dictating
them. This one had an independent witness to validate
that these words were not coerced or given to Dorothy in
any way. Some of the letters are much more emotional in
her pleading for release. As an aside, the healthcare
manager, under oath, told the judge that Dorothy is
acclimating well. The judge assigned this woman and her
company, located in Plainview, NY, to handle Dorothy’s
healthcare.
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9/18/11
To Whom it May Concern,
I want to go home more then [sic] anything
else in the world. There is nothing wrong
with me. Being home will make me the
happiest person in the world. You never
realize how precious your home is until you
are not in it.
Please help me. I want to go home.
Sincerely,
Dorothy Wilson
|
Source:
http://jfargiano.searchwarp.com/swa774096-The-Heartbreak-Of-Elder-Abuse-Continues.htm |
A
Heartbreaking Story of Guardian Abuse--Part IV
by
Jim Fargiano
Saturday, October 08, 2011
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.
Almost all of this would have been less complicated
if Diane’s siblings would have tried to be of
assistance. Instead, each of them stated in court
that their mother would be better off in a nursing
home, rather than at their sister’s. However, when
Dorothy asked Diane’s sister on the telephone,
several times, what she was doing to help her, she
was allegedly told that this child was frequently
making calls to the law guardian to help her. In
court, at the last conference, where Dorothy was
disallowed to attend, Dorothy’s son admitted not
visiting his mother since she had been locked up in
the latest facility. From an outsider’s
perspective, they are using their family dissension
as an excuse to provoke more problems for their
mother. It is clear that the venom felt towards
Diane’s close relationship with her Mom has fueled
much of their antagonistic and greedy behavior.
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?
Source:
http://jfargiano.wrytestuff.com/swa779528-A-Heartbreaking-Story-Of-Guardian-Abuse-Part-Iv.htm
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The Heartbreaking Elevation of Guardian Abuse--Part VI
by
Jim Fargiano
Wednesday, November 16, 2011
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.
Dorothy was less than two weeks away from the
potential of finally regaining her freedom when she
suddenly had a seizure while in the nursing home.
Dorothy was very happy the day before when she was
taken by her daughter, Diane, to see how great it
would be to stay with her. The eyes of this
eighty-seven-year old brightened when she was shown
the renovated bathroom that would make things much
easier for her. Imagine being excited by new
plumbing? It certainly expresses how depressed she
was while being held against her will in a facility.
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.
Source:
http://jfargiano.wrytestuff.com/swa790135-The-Heartbreaking-Elevation-Of-Guardian-Abuse-Part-Vi.htm |

Guardianship abuse and conservatorship
abuse IS elder abuse!
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