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Elder Abuse Judgment


by Jim Fargiano
The Spoken Words of Spirit, Inc.

A few weeks ago, the Judge who presided over the heartbreaking elder abuse case of Dorothy Wilson died of what was reported to be a heart attack.  While I am almost certain that the stress and knowledge of his own wrongdoing came into play, it is not up to me to disparage him after the fact.  However, as was evident when he ruled on this side of the divide, my spiritual perception of how he passed comes across to me quite differently than reported.

Today, the same cast of characters who were intermingled in destroying the final years of Dorothy are still damaging people.  Mary Giordano, of Franchina and Giordano in Garden City, New York was the law guardian for Mrs. Wilson.  Her attorney, David Smith, also handled elder care cases in the same vile manner that she did.  In one case I am aware that there has been the assumption of theft, threats against both children who were vying for their mother’s rights, the callous disregard and pleas from the family for normal visitation and so forth.  It is alleged that Mr. Smith was even ludicrous enough to have security prevent this woman’s children from having access to her in the nursing home he stuck her in.  Incidentally, this home has the poorest grade of all the nursing facilities in the county.  I am sure that this officer of the court thinks he knows who I am referring to, but he should remember that his past might be coming back to haunt him too, as many people like to reach out comfortably to me.

It has been quite some time since I felt compelled to write another article about elder abuse.  Today seemed to be the fitting time as I was reminded of just how sick and greedy the people who perpetrate these horrors are.  I was also given a flashback to a conversation I had with Dorothy that reminded me of the depth of depression she was in because Judge Asarch determined her life not worthy enough of being happy.  He allowed for Mary Giordano to give her what turned out to be a death sentence by legally or illegally kidnapping her, depending on whether you are abiding by State or Federal statutes.

When I found out about the Judge’s passing, I heard from a higher authority, “One down.  Who’s next?”  It was not said with any bitterness, but in such a matter of fact tone that if I were Mary Giordano, Anne Recht, David Smith, Lisa “P”, the law clerk for the judge, or any of the others who lent a hand in some large or small way in allowing for the torment of an innocent, harmless, old lady, I would be concerned.  As most of you who follow my articles are aware of what my career path is all about, for me to have “insight” is nothing uncommon.  There was no accusatory tone in the voice I heard; simply one that suggested that those who menace will find themselves with a future that will be depleted of wealth, health, love and probably long-term life.  Of course, that is mere speculation on my part, but my accuracy for almost two decades has rarely been challenged.

My goal whenever I have written these articles has been to remain fair and report only factual information.  The above mention is the first time, to my recollection, that I have invoked anything I have been told.  Living in two worlds is not always simple, but seeing the physical misuse of power and abuse of average people who have no way to defend themselves seems to have irked something inside of me, as well as those on the other side of the divide.  I understand that this leaves me open to ridicule, but facts are facts in the physical world.  That is what we are truly discussing here.

Guardianship for the elderly: Protecting the rights and welfare of seniors with reduced capacity


Due to guardianship abuse and elder abuse of one of our most vulnerable segments of our population, the Senate Special Committee on Aging prepared this document “for informational purposes only” back in 2007. It does contain a lot of valuable information about what guardians are and are not allowed to do. If you have a loved one under guardianship please read this. For those of you considering guardianship for a loved one, don’t!  Stay away from the courts. Find another way to protect this person. Once a court appointed guardian is put in place the person virtually becomes a prisoner…isolate, medicate, steal the estate…that is literally what happens.  

This document has been printed for information purposes. It does not represent findings or recommendations formally adopted by the Committee.

December 2007

INTRODUCTION

Over the next several decades, the U.S. older population will experience unprecedented growth. By 2030, the population of people age 65 and over will have more than doubled from 35 million in 2000 to 71.5 million. As the number of seniors increase, so will the number of individuals with cognitive disabilities such as Alzheimer’s disease and dementia. This trend will produce an increasing demand to invoke guardianship on behalf of incapacitated seniors. However, guardianship – a legal tool which gives one person or entity the power to make personal and/or property decisions for another – has the potential of harming older adults rather than protecting them if not carefully administered. The rising incidence of elder abuse in this country and continuing reports of the failure of courts and the states to prevent exploitation of incapacitated adults by their guardians have long been of concern to this Committee.

Click here to read more

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