Thursday, October 30, 2014

How New York’s Elderly Lose Their Homes to Guardianship

A prominent New York attorney is caught in the middle of apparent abuses of the elderly and allegedly pilfers their estate during the guardianship process, according to relatives of victims who hope to bring exposure that will stop her actions.

Mary Giordano is a partner with the New York State law firm, Franchina and Giordano, and among her duties is that Giordano is routinely chosen by the Nassau County Superior Court system to be a guardian for elderly guardianship cases.

But two relatives involved in cases in which Giordano was a guardian say their relatives were forcibly removed from their homes, their assets plundered, and their family members had the life sucked out of them until they died depressed and isolated.

Diane Wilson found her mother Dorothy Wilson lying helpless on the floor of her home and unable to get up on December 8, 2008. Advised due to long standing family disputes to enter her mother into guardianship, Wilson said by March 2009, at the order of then Nassau Supreme Court Judge Joel Asarch (pictured above) Asarch appointed Giordano as the court appointed guardian, even though Diane had filed to be her mother's guardian.

As Wilson’s guardian, Giordano was given power over nearly every decision in Wilson’s life including how her money was spent, where she lived, and her medical care.

Giordano ordered a reverse mortgage be placed on Dorothy Wilson’s home which netted about $275,000 and along with Wlson’s pension of about $2,300 month, Judge Asarch claimed in court the money would last for five years.

But it only lasted two years, and Diane Wilson told RebelPundit that proper accounting of the expenses were never provided by Giordano.

Worse yet, in November 2010, Wilson was tricked and forced to move out of her home and into a nursing home.

“Dorothy Wilson is currently placed in the Bristal, an assisted living facility in Massapequa. She was taken there on November 3, 2010, on the pretense of having lunch, by her daughter, Candice Bruder,” Diane Wilson said in a complaint to the New York State Unified Court Grievance Committee. “After she was there, she was told she was moving in there and her clothes were brought later that same day. She is not allowed to leave the Bristal at all, including Thanksgiving. The family is only permitted to go there and visit.”

The elder Wilson, who was 87 at the beginning of the process, was miserable and felt like a prisoner her entire time at Bristal.

“On November 15 (2010), after placing three phone calls during a 3 ½ hour period, I was finally able to speak with my mother. During the entire phone call her “caseworker”, Tracy, sat next to her while my mother begged me to come and pick her up and take her home. She had no privacy. When I went to visit her in the evening, she cried the entire time, begging me to take her home, asking me over and over again why I never came, why no one visited her, why no one called,” Diane Wilson said the same complaint.

Wilson was force to stay in the facility for thirty days at a cost of $53,000, and Giordano never provided a line by line breakdown of why the costs were so high.

On August 22, 2011, on the direction of Giordano, Dorothy Wilson was again moved to Meadowbrook Care Nursing Home in Freeport, New York again against her will.

On September 2, 2011, Giordano again moved Wilson into another nursing home Maria Regina Nursing Home in Brentwood, NY. Giordano also attempted to sell Wilson’s house.

What followed was a series of furious court maneuvers until on October 18, 2011, Giordano resigned as guardian but still Judge Asarch kept Dorothy Wilson in the nursing home. She died there on October 23, 2011.

Throughout the process Dorothy Wilson sent a series of letters to the judge begging to be allowed to be cared for by her daughter.

“It’s very strange that my daughter Diane is not allowed to go into my house.” Dorothy Wilson said in a letter dated October 20, 2011. “She is the only one I trust.”

Dorothy Wilson also made a series of You Tube videos begging to be released.


To continue reading, click here.

Full Article & Source:
How New York’s Elderly Lose Their Homes to Guardianship

27 comments:

StandUp said...

I am familiar with the Wilson sorry. It is haunting. I was not familiar with the Maas story.

I wonder how many other victims there are of this same guardian.

Anonymous said...

It happens in almost every State, I am in Nassau County Florida, and my husband was appointed a professional guardian by the courts because of family conflict. The guardian Constance Buchanan of North Florida Guardian and Family Services, she removed my husband from our home and does not allow me to see him or have any kind of contact with him at all, when I sneak around and do see him she says I upset him because he lets them know he wants to come home so they medicate him to keep him quite this has been going on since July 1, 2013.

Anonymous said...

Thank you thank you thank you for investigating Mary Giordano and asking these important questions.

Tyler said...

Looks like KARMA is catching up with Mary Giordano.

I pray it does for these victims and the victims we don't know about.

Jessica said...

Why isn't the AG hot on Giordano's trail?

Marilyn said...

I am fortunate to know Diane through NASGA and I remember when her mother died, broken hearted. Watching the video of her mother crying and begging is hard and I've seen in numerous times before. It's so wrong and wronger still that Giordano wasn't charged and prosecuted for elder abuse in my opinion.

Evelyn R. said...

I agree with Linda that it's happening everywhere.

And Linda, I'm so sorry you are going through this hell. People think because you're married this won't happen. Well it does. Guardianship tramples all over your wedding vows, license, and certificate.

NASGA Member said...

I cried for Dorothy Wilson. How could anyone not cry who sees that video? If Richard Maas had a video, I'm sure it would be as bad.

Thank you for posting NASGA and special thanks to the reporter. This is the sunshine of the media at its best.

NASGA Member said...

I cried for Dorothy Wilson. How could anyone not cry who sees that video? If Richard Maas had a video, I'm sure it would be as bad.

Thank you for posting NASGA and special thanks to the reporter. This is the sunshine of the media at its best.

Jana said...

They took my Mom from her home, she died four months later. She gave up the will to live.
https://www.youtube.com/watch?v=zK1m0kdqUkA&list=UUqkWvZAA8XW8LByVSfYb-NQ

Anonymous said...

Praying for all the victims.

Finny said...

Great article. I think anyone who reads what Dorothy and Richard went through will get a good grasp of what guardianship abuse is and the horror families suffer through because of it.

Kathleen said...

Mary Giordano should be removed as a guardian and charged with Abuse! No one should be forced to live in a facility against their will. Many guardians are abusing the very people they are entrusted to protect. Here in Pinellas County, Florida many Judges are ignoring advance directives, ignoring family complaints about guardians. My Mother is held against her will, she is denied EVERYTHING even rehabilitation, which she is entitled to according to Florida Statutes. A criminal lives better than my Mother, they at least have their teeth attended to. My Mother has lost all her top front teeth and the bottom ones are mostly rotted. This is the HORRORS of guardianship. It is a DISGRACE!

Anonymous said...

Robed robbers!!!
One more victim!

B Inberg said...

Snakes in suits Sociopaths in the workplace and that includes those who profit via the court system where business deals are made in the courtrooms what a set up and we're next. Rest in Peace Dorothy Wilson you deserved to leave this earth naturally not with the interference from the court targeting you for profit.

Wake up folks, we're next in line.

Anonymous said...

This is very sad – ESPECIALLY THE VIDEO. I am in litigation fighting a guardisnship I was persuaded to accept using the term ‘incapacitated under the pretense of ‘vulnerable’…….I have had the same (or similar) attemped and I am in no context elderly, mentally compromised, disabled or INCAPACITATED

NASGA said...

Freddieshermanpuff, the link you posted didn't work. If you happen to check back with this page, please repost the link.

THANK YOU and thank you for your comment. We are very sorry you lost your Mom and in such a horrible way.

Anonymous said...

Everything my parents worked for all their lives is gone. And worst of all, my mother was tortured for years before she died. It helps me to remember that what goes around comes around.

Diane said...

Thank you Michael Volpe for taking the time to investigate Mom's and Richard's story and getting the truth out there. As for the DA, Kathleen Rice knows all about this but refuses to prosecute Mary Giordano. In my opinion, they are all crooks and thieves. We all need to continue the fight for justice and save our elderly from becoming victims of these monsters.

Anonymous said...

It is good that a corrupt guardian has finally been put on the other side of the court process. In my experience, the guardianship industry protects itself and guardians, lawyers, and judges are rarely held accountable. In hearings to replace the guardian, all lawyers involved (including the petitioner's lawyer) praise the guardian while noting the "difficult family situation" or "feuding siblings" or other standard guardianship phrases.
Notable in this case, in addition to $53,000 for a mere month in the facility, is the number of times the ward was moved. It takes time for the elderly to adjust to new settings, especially if there is dementia. Moving them, even from room to room in the same facility is devastating.
Guardians like to use this technique (especially before an annual review)to discombobulate their ward. If the ward's condition is declining, it is easier for the guardian to justify continuing the guardianship.

Unknown said...

Can you please help me with more information on the Guardian you've mentioned? You can message me back at psavoie315@gmail.com it would be very helpful and appriciated !

Unknown said...

Can we please chat about this guardian? It would be greatly appreciated!

Unknown said...

Anyone encounter constance buchanan?

Anonymous said...

I need immediate help. I am thwarted at every turn as no lawyer wants to tangle with her. I have been promised resolution, but still that thieving, grasping, unethical bitch seemingly can't be stopped. How can I get my loved one out of her grasp?

Unknown said...

Yes! Right now! Help me! I have not seen my mom in 13 months! I NEED A LAWYER! We have lost everything! Our home of 50 years is being auction as we speak!

Anonymous said...

UNKNOWN --- who are you talking about that did this to you and your mother and auctioned her house off?

Anonymous said...

I am commenting as anonymous because my family and I have been threatened by this vile, Odious and greedy predator. I long for the day that I will see in the news that this awful woman and her "Machine".are all convicted and sent to prison. We spent thousands on a lawyer vowing to help us before discovering that she was part of Connie's Mafiaso. My Mom was a wealthy woman spirited away from her home. Everything was stolen. Whatever you read about Constance is the truth.