Is This Legal Collusion?


by Diane Wilson

October 8, 2012

The very sad story of SungEun Grace Lee’s terminal illness has been in quite a few newspapers the last few days.  Ms. Lee is currently in North Shore Hospital in Manhasset, on a feeding tube and other means of life support, the result of a brainstem tumor.

 Back in September, her father went to court in Nassau County because he feared that the hospital would make the decision to take her off life support. According to the family, removing her from life support “would be against the religious principles of his family and church”; her brother, Paul Lee, claimed it was also “against his sister’s personal beliefs.” Ms. Lee made the decision that she wanted to be removed from life support; it is now being played out in court.

I felt so sad when I read about this family’s legal battle; however I was shocked when I found out who the attorneys were that were involved in this case; Mary Giordano of Franchina and Giordano in Garden City, NY, and David Smith.   

Those of you who have been following my story about my mother have read that the court appointed “law” guardian was Mary Giordano, of Franchina and Giordano in Garden City, NY. If you recall, Mary Giordano refused to allow my Mom to live in my home with me, where she wanted to live and where I was willing and able to care for her 24/7; instead she kidnapped her from her home in Massapequa and locked her up against her will in a nursing home. There were so many other instances during the three year long court battle where Mary took away Mom’s rights to be with her family. So imagine my surprise when I read that Mary is fighting for the parents of Ms. Lee to allow them to make her medical decisions. What exactly does Mary Giordano believe in? If Mary Giordano believes that family has the right to care for their loved ones and make decisions for their loved ones, then why did she work with Judge Asarch and Anne Recht, the geriatric care manager, to remove the healthcare proxy I had for my mother, which were her wishes? Does Mary Giordano believe that families should be able to make medical decisions for other family members when they are unable to do so themselves or are her beliefs based on how much money is in it for her?

When I read that David Smith was the court appointed attorney for Ms. Lee, I was even more surprised. David Smith is Mary Giordano’s personal lawyer. She hired him to represent her when she started her smear campaign against me in order to stop my visitation with my Mom. Mary Giordano was angry that Mom’s attorney, Josephine Loizzo, sent a letter to Judge Asarch stating that Anne Recht and Mary Giordano were violating Mom’s HIPAA rights by forcing her to disrobe in front of Anne Recht during her doctor visits. Ms. Loizzo also requested that Judge Asarch remove Mary Giordano as guardian and Anne Recht as geriatric care manager. However, Judge Asarch refused to remove them.   

In this high-profile case, Mary Giordano is representing the family and David Smith is representing the opposing side, Ms. Lee. Did Mary Giordano disclose to the Lee family, who hired her, that David Smith, their daughter’s court appointed lawyer is actually her personal lawyer as well? If I were to hire a lawyer, I would expect that lawyer to disclose the fact that the lawyer for the opposing party represented her or him on a personal basis as well. It would then give me the opportunity to determine if I felt I would be represented fairly. In my opinion, this is illegal, or at the very least, a violation of ethics.     

http://www.nytimes.com/2012/10/05/nyregion/in-sungeun-grace-lee-case-right-to-die-is-weighed-against-a-familys-wishes.html?ref=nyregion&_r=0

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About Diane Wilson

Guardianship must be abolished. This draconian law strips human beings of their civil and humanitarian rights. It is used as a method to dispose of the elderly and disabled, steal their estates, and isolate them from their loved ones.

Posted on October 8, 2012, in GUARDIANSHIP ABUSE and tagged , , , , , , , . Bookmark the permalink. 14 Comments.

  1. Joan Pezzollo

    I also applied for Guardianship of my mother to protect her from abuse, how ironic. It is this very system that abuses and neglects the elderly, the incapacitated, and their families…..

    • Exactly Joan…that is why it is our resopnsibility to get the word out and let everyone know about guardianship abuse of the elderly and how the lawyers and judges use these cases to line their own pockets. They have absolutely no heart; they sign orders to lock up the people as if they are garbage. These judges are nothing but egotistical arrogant animals who play God and destroy the lives of innocent people and their families and loved ones. God help them when they get to the Other Side. Their time spent there is NOT going to be pleasant.

  2. thank you for all your hard work. mary giordano and judge asarch destroyed so many lives i hope they both get disbared..

    • You are so right Kevin. What they have done to our loved ones is beyond comprehension. The Universe gives back tenfold when you help others; and the reverse is true as well. People who intentionally hurt others will pay for a very heavy price in this lifetime….

  3. Dianne,

    We’re so sorry about your grief in the aftermath of the loss of your mom and your horrible experiences you suffered in the courts in New York.

    Some guardians and conservators (in California) do some heinous acts against vulnerable, elderly people. But they often do it with impunity because many indifferent, lazy, and sometimes corrupt probate court judges turn their backs on the vulnerable people whom they have a sacred duty to protect. These judges, but not all, allow the vultures hovering around the vulnerable elderly to abuse and neglect them.

    It’s important to note, however, that sometimes guardianships and conservatorships that are administered by truly loving, caring family members result in the protection and excellent care of the elderly that would be impossible without a court-ordered arrangement.

    Please read more about how many bad and corrupt judges in California probate courts fail to protect the elderly and dependent adults and instead protect the elder abusers.

    http://elderabuseexposed.com/california-government-misconduct/corrupt-probate-court-judges/

    http://elderabuseexposed.com/victim-stories/corrupt-california-probate-court-judges/

    Regards,

    Elder Abuse Exposed.com

    • Thank you for your comment and condolences. When I applied for guardianship, I did it to protect my Mom from abuse. Little did I know at the time that the court system and the people associated with it were abusers as well. It has been quite an eye-opening experience; a frightening one as well when you see how corrupt it is all over the country. I cannot imagine how these people get up and look at themselves in the mirror each morning; how they live with their thievery and abuse. I do know it will all come back to haunt them in a very short time.

      Your website is excellent. I have experienced the same lack of media response to elder abuse. Since our media outlets are all owned by just a few major corporations, and the incarceration and drugging and murder of the elderly is so profitable, they have no interest in exposing the truth. By hiding it from the mainstream public, they believe they can continue to cover up their heinous crimes. Unfortunately for the wealthy and powerful, there is a greater power than all of them combined, and God will stop this sooner rather than later. Justice will be served.

      • Thanks for stopping by our website (http://ElderAbuseExposed.com) and for your comments about it.

        Please be sure to go to our brand-new Facebook page (http://www.facebook.com/pages/Elder-Abuse-Exposedcom/376928892392415) and “like” the page. We want your support and the support of your friends.

        Instead of the mainstream media exposing the truth about elder abuse, caring, conscientious people, such as you, and elder abuse advocacy and watchdog groups, such as our group, need to unite, share information, and expose the truth to the bright light of day on our websites. As U.S. Supreme Court Justice Louis Brandeis said in his article “What Publicity Can Do,” in Harper’s Weekly for December 20, 1913, “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”

        Yes, justice must be served! Let’s stick together and mobile! Talk to you later, ElderAbuseExposed.com

      • Thanks for stopping by our website (http://ElderAbuseExposed.com) and for your comments about it.

        Please be sure to go to our brand-new Facebook page (http://www.facebook.com/pages/Elder-Abuse-Exposedcom/376928892392415) and “like” the page. We want your support and the support of your friends.

        Instead of the mainstream media exposing the truth about elder abuse, caring, conscientious people, such as you, and elder abuse advocacy and watchdog groups, such as our group, need to unite, share information, and expose the truth to the bright light of day on our websites. As U.S. Supreme Court Justice Louis Brandeis said in his article “What Publicity Can Do,” in Harper’s Weekly for December 20, 1913, “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”

        Yes, justice must be served! Let’s stick together and mobilize and expose! Talk to you later, ElderAbuseExposed.com

  4. Conflicts of interest seem to run the court rooms. Mary Giordano and David Smith should know better and should be santcioned, problem is judges don’t care. They all get paid some way or another that we can not prove unless we hire a private investigator which by this time we are all broke finicially, emotionally and physically from the legal abuse we all endure. Moving a feeding in NYS was the last time I checked was against the law. Life support if you are referring to is she on a ventilator is another issue. You have to feed babys when they are born right? so what is the difference?

  5. JoAnn Samuelson

    Aren’t lawyers required to check for conflicts of interest before they accept a case? And didn’t Judge Asarch disallow your lawyer Diane, because he felt there was a conflict. If I recall that confict was trivial compared to this blatant conflict of interest in this case! It makes you wonder what is really going on here… Oh right! Silly me! … It’s all about money!

    • Excellent point, JoAnn. The reality in Dorothy’s case was that the lawyer that Judge Asarch said had a conflict of interest was the their own attorney which really does not represent a problem except in that corrupt case. I’m still trying to figure out how Mary Giordano can oppose her own personal attorney, David Smith, in the Lee case and not have that be seen as some form of collusion.

      • I was shocked when Judge Joel Asarch refused to allow my lawyer to represent me pro bono. His explanation was that my parents went to his law firm to have their will changed in 2000. My lawyer did not sign the will, another lawyer did. He was just there when my parents came in, they explained what they wanted changed and why. that was it. For that, Judge Joel Asarch stated that it would be a “conflict of interest” for my lawyer to represent me to get guardianship of my Mom to protect her. He was told to get out of the courtroom! In my opinion, they were afraid they could not do what they planned to do, and that is why they wanted him out. And now this?? How can Mary Giordano be allowed to represent a client against the opposing party where her own personal lawyer is the opposing party’s lawyer???? Did she disclose this information to the client?? Did she disclose this to the judge who heard the case?? I continue to be amazed by the lawlessness of Nassau county judges and lawyers. It seems to me to be more and more like the Old West where anything goes or whoever pulls the trigger first…..it’s a free for all.

    • Yes Joann, you are right, it is all about money. There were so many weekends Mom was locked up in her house with an aide, calling me and begging and crying and pleading with me to come and pick her up and I was not allowed to by “order of the court” or order of Mary and Anne. The cruelty displayed towards my mother was unfathomable. And why did they do that??? It was more expensive to have an aide on the weekends too. Mary Giordano was supposed to be using Mom’s money “judiciously” so I cannot help but wonder exactly what she got out of it by forcing that on her? I never got an answer.

  6. The unfortunate thing about this is that even if both attorneys are actually being on the up and up, the court should not have allowed this to happen. Either way, it seems like a convenient way for Mary Giordano and David Smith to partner up and suck money from the same family. My prayers are with the Lee family for the heartbreaking situation they are in.

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