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Dorothy Driesen—South Dakota Victim


UPDATE–9-24-15

Today, 9-24-15 is Dorothy Dreisen’s 96th birthday. Her guardian continues to keep her in isolation in a nursing home, her children and all family members are banned from seeing her despite the new law that went into effect this past July, 2015, which states denying visitation is illegal. The American courts and most of the so-called “professionals” running them willfully break the law whenever it is convenient for them. Dorothy’s son, Jay, asks friends and supporters to send birthday cards to his Mom to let her know she is still loved and cared about.

Ms. Dorothy Driesen

Whispering Heights

2116 14th St.

Rock Valley, IA  51247

You can call and ask to speak to her and wish her a Happy Birthday at 712-467-8200.

Each time I read these stories I shake my head in disbelief and literally feel sick to my stomach. This is wrong. It is wrong on every single level. There is not one person in the world who can justify what has been done to Dorothy Dreisen and her family. There is not one person in this world who can justify what was done to my mother Dorothy Wilson, by Mary Giordano, an elder care attorney with Franchina and Giordano in Garden City, NY, elderlawfg.com law firm. This is another horrific story of guardianship abuse at the hands of our extremely corrupt judicial system. The guardian has completely isolated her children from seeing their own mother and the courts allow it. My heart aches for this family. 

Dorothy Driesen, a 94-year-old widowed Mother, has had her entire estate taken away from her by court decree and forced to reside at the Rock Valley, IA nursing home that has had multiple felony accounts charged against it in 2003. 

The judge took our Mother into his chamber, asked her a few questions, had her read from a prepared statement and then fired both Dorothy and her son as Trustees, appointed a bank to be her new Trustee, appointed an adversarial guardian over her and accepted a purported amendment devising her entire Trust estate the new guardian.  All of this happened within one days time upon the filing of court documents by the wannabe guardian and friend of the court. 

After this drastic and unbelievable event in the local district court, the two sons of our Mother have been falsely accused of various things and arrested and incarcerated on four separate occasions.  To add insult to injury, the two sons of our Mother and their families have not been able to visit their Mother since early 2008. 

The last call that was made from our Mother during New Years weekend in 2009 was a call of desperation in which our Mother claimed her life was in danger and she pleaded with us to get her out of this nursing facility.  Mail that the family tries to send our Mother is received by the guardian and does not appear to reach our Mother.  All incoming calls to our Mother are screened by the front desk and she has no way of calling out. 

Shortly after our Mother was incarcerated in this nursing home, before this disastrous court decision, the family would attempt to visit our Mother and shortly after we would arrive, either the guardian would show up  in the doorway and demand that we leave or the town police officer would show up and threaten us with arrest. 

This case has been heard by the Sioux County, IA District Court in early 2008 and appealed. Jay, as the original trustee, lost this entire first court battle. Then the predators and bank, thinking they had victory, later filed for  perceived monetary damages from Jay, Dorothy’s eldest son, in  neighboring Lyon County, IA District Court, where Jay resides.  Jay fought back pro se in attempt to save his incarcerated Mother and her Irrevocable Trust.  For over one year, the predators and bank attempted to gain their loot and then labored to shut this second case  down by way of motion. After the judge initially ruled in Jay’s favor three separate times; for some reason, the bank was finally successful in receiving a judgment against Jay for over $34,000.  This amount was deemed necessary by the court to adequately compensate this bank (was appointed as Trustee in August, 2008), that is highly active in farm land, for their effort in defending the case and to cover their expense in securing the assets of Mother Driesen.   This case had originally been scheduled for a jury trial, including all evidence of the murders in this nursing home during 2003, but the case was shut down by motion for Summary Judgment. 

On appeal, the Iowa Court of Appeals applied the doctrine of “claim preclusion” as an original error was not raised by the defense attorney.

A small victory was gained in the Iowa Legislature in 2010 wherein a guardianship hearing can not take place unless notice of service is served on the proposed ward (protected person) and their present family and / or care taker.  In our Mother’s case, a guardianship hearing took place without advanced notice being served on her nor her present children caretakers.  Notice of what had happened was served on the family over 20 days later. 

Since the initial dramatic events occurring in 2007 – 2009, the family members were forced to retreat into survival mode and tend to numerous legal suits hurled their way….suits aimed at destroying their finances and business. 

During the fall of 2011, Jay was successful in reaching his Mother by a late evening phone call placed to the nursing home.  An unsuspecting nursing assistant brought Mother Driesen to the front desk and gave her the phone to converse with her son Jay.  Very quickly the supposed  “incompetent”  Mother asked Jay about her farm land and etc.  Suddenly there was a scuffling noise as Jay could hear the phone receiver fall to the floor and with a later hang up click.

Further negative action levied against Jay’s business necessitated taking many of the defendant’s to the Federal District Court for the Northern District of Iowa. 

Our Mother has now reached the ripe age of 94 years and regardless of the stress placed on her by denial of her civil rights per 42 USC Sec 1395i-3, she remains in good physical and mental health.  Jay has been in to see his Mother numerous times as of late and is continually run out with threat of arrest made regardless of Jay’s Mother expressing strong desire for him to continue with the visit.  Jay then hands them a copy of the quoted Federal Code.  At present, the nephew attorney of the guardian has sent a letter to Jay threatening arrest if Jay attempts to visit his Mother again, in direct violation of this particular Federal Code.  In December, 2013, Jay has filed an Attorney Complaint with the Iowa Supreme Court Attorney Disciplinary Board on the attorney.  The Attorney Complaint was soon turned down.

Click here to read more…

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How New York’s Elderly Lose Their Homes to Guardianship


I decided to go public on Facebook with my mother’s story the day she was kidnapped, August 22, 2011 in a desperate attempt to save her from the nursing home that Mary Giordano locked her up in. Mom didn’t want to go there nor did she need so-called “skilled” nursing care. I was ready, willing and able to care for her in my own home 24/7. When I went public, others started reaching out to me about their own horrific and abusive experiences with this lawyer and judge.

It has been three years since Mom passed, and these same abuses are still occurring. What will it take for our so-called criminal justice system; DA Kathleen Rice; the New York State Judicial Commission; the New York State Bar Association to investigate and disbar this lawyer and the others involved? What more do they need?   

I was introduced to Investigative Reporter Michael Volpe and told him my story. I provided him with all of the documentation. He could not understand why the DA did not investigate the financial abuses; he also told me that in his opinion Mary Giordano is a murderer. I feel the same way. 

by Michael Volpe

October 29, 2014

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 on the floor at her home 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.

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 Wilson’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 forced 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.

“I hate it here. I want to go home.” Dorothy Wilson said while holding back tears in one You Tube video. “I feel like I’m locked up in a jail.”

A call to Giordano’s law firm was left unreturned.

 

Click here to read more…

County Public Guardian Put on Leave, Escorted out of Building


America’s dirty little secret, guardianship abuse and the kidnapping and imprisonment of the elderly against their will, is slowly being exposed as more and more people wake up to this nightmare and are willing to speak up against the atrocities that are taking place all across the country. Widespread systemic abuse of the elderly and the disabled is unfortunately the norm in America. In Santa Clara County, California, the head of the Public Guardian office, Don Moody, was escorted out of his office this week and placed on paid administrative leave “in the wake of a report that pointed to widespread dysfunction under his watch.”

I look forward to the day when Mary Giordano, elder care attorney with Franchina and Giordano, finally is forced to pay for the crimes committed against my own mother.

By

September 26, 2014

A high-ranking Santa Clara County official was placed on paid leave Thursday in the wake of a report that pointed to widespread dysfunction under his watch.

Don Moody, the public administrator/guardian/conservator, was escorted out of his office, sources tell San Jose Inside. County spokeswoman Gwen Mitchell confirmed that Moody was relieved of his duties for the time being but declined to elaborate.

“He’s out on leave, and it’s a personnel matter,” she said. “That’s all I can say.”

Moody came on board nearly six years ago as head of the Public Guardian’s office, a branch of the Social Services Administration (SSA) that takes financial control of adults who are unable to care for themselves and with no family or friends to care for them. His termination comes weeks after the county placed another SSA official—John Vartanian, director of the Department of Child Support Services—on paid leave for racking up travel rewards using public money.

During his tenure, Moody’s department has repeatedly come under scrutiny by the media, the Santa Clara County Civil Grand Jury and internal audits.

A grand jury report out this summer—the second in as many years—noted that Moody fails to track the amount of work and number of clients he handles. The people he hires to manage clients’ property don’t go through a thorough background check, the report found. Instead of having a panel of experts determine whether to assume control of a person’s estate, effectively revoking their civil rights, the decision lies with one person. And for years, countless referrals from the court have reportedly fallen through the cracks.

The latest grand jury report was spurred by a complaint that the office mishandled a case in which a client died before being conserved by the county.

“The grand jury’s inquiry into this case led to a broader examination of the safety net provided … for seniors who are not able to advocate for themselves, have no one else to advocate for them, and whose cognitive abilities are severely compromised,” the report explains.

Click here to read more…….

http://abc7news.com/archive/9134284/

 

 

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