Across the country an American Horror Story is unfolding as massive numbers of elderly individuals who have committed the heinous crime of [aging with assets], now find themselves in probate court and officially declared dead in the law by virtue of being declared an incompetent ward of the state. This is human trafficking sanctioned by not only the courts, but also by congresses, both state and federal who are well aware of these organized criminal activities, but who refused to acknowledge or act to defend the elderly from these predators.
This fictional declaration of death via probate court, is a careful construct patterned after the organized crime rings operating in family courts. In one court we abduct, sell and trade minor children, and in the other we abduct, sell and exploit the lives and finances of the elderly. Everyone involved, from the so-called protection agencies, judges, commercial predatory guardians, medical providers, hospitals, nursing homes and walls of unethical and immoral attorneys, line up to take a piece of the pie.
The pie can also be comprised of the monetary value in the Medicare/Medicaid system where targeted victims can be worth a million or more in inflated medical charges, padded medical billing, padded bills for doctors, insurance payments, thefts of social security benefits, VA benefits and whatever else may be out there in the way of grants, funding and subsidy.
Many times the “pie” can be comprised of liquid assets, stocks, bonds, property, valuable art and jewelry…..all of which can disappear into the accounts and pockets of the predators just as fast as the facilitating probate judge can declare the individual not only dead in the law, but incompetent as well.
Guardian and ward: legal definition
A guardian must take inventory and collect all the assets of the ward. Where permitted by law, title is taken in the ward’s name. Otherwise, the guardian owns the property “as guardian” for the ward, which indicates that the guardian has the legal right to hold or sell the property but must not use it for his or her personal benefit. The guardian must determine the value of the property and file a list of assets and their estimated value with the court. The guardian must collect the assets promptly, and is liable to the ward’s estate for any loss incurred owing to a failure to act promptly. (emphasis added)
Unfortunately, for those guardianized, the legal right to hold or sell property now claimed by the predatory commercial guardian, is used to benefit the predator personally. Promptness as described in the legal definitions, is taken to new heights as predatory commercial guardians move at the speed of light to begin re-titling of property, seizure of accounts, transferring of personal funds, liquidation of any remaining assets; all of it ending up in the accounts or in the name of the predator, an attorney and/or a working partner to whom the properties are sold for pennies on the dollar.
This system of legalized grand larceny conducted by state agencies, attorneys, predator guardians, corrupt probate judges and other agencies and actors, is condoned and covered up by higher court judges and those phony judicial oversight boards that exist in every situation.
- Fees or fraud? Mobile County Probate Court says solicitation letters not illegal, just ill-advised (al.com)
- Attorneys: State officials hired company to auction hospitalized Rockland man’s possessions for well below value (bangordailynews.com)
- Wife not allowed to care for wealthy husband (sacbee.com)
- DHHS often sells property owned by people in its care for well below assessed values (bangordailynews.com)
- Movement to reform predatory guardianships (ppjg.me)
- Wards win back their right to vote (japantimes.co.jp)
- 5 Questions to Ask Before Writing Your Will (quicken.intuit.com)
This article is the fourth in a series about the guardianship and judicial abuse of Marilyn Ingrasani. When a stranger, a woman by the name of Rachel Jones wove her way into Joan Pezzollo’s family, Joan was unaware of the sinister twists and turns it would take. She believed that if she hired an attorney and went to court that anyone could easily see through the lies and manipulation that were taking place. She had no idea that these professionals would all play an active role in the continuing unfolding drama and destruction of Marilyn. Four years later Joan is still desperately trying to save her mother.
By Joan Pezzollo
“I was at such a loss while Rachel was living in Mom’s home. I had exhausted all of my legal options and almost $100,000 of my own money trying to fight this woman and get her out. My lawyer and I were researching every other angle and coming up blank. While we knew everything that was going on was illegal, when the judge is corrupt, as it appears Judge Joel Asarch was, your arguments just fall on deaf ears. You are at the mercy of every single one of his decisions, no matter how wrong they are. A judge is only a lawyer wearing a robe that has been given extraordinary powers to destroy people’s lives; many lawyers are quite skilled at manipulating the truth.
I asked the private investigator I hired to watch Mom’s house and find out what was going on. The report was shocking, to say the least. What he uncovered appeared to show that her house was being used as a pickup and drop off point for buying drugs. There were strangers going in and out of her home at all hours of the day and night, yet my children and myself were “banned” from visiting! The house was always dark and the windows were boarded up. Why? My mother never lived like that before. And why wasn’t Virginia Belling, of Senior Placement Services in Massapequa watching out for my mother? After all, the late Judge Joel Asarch appointed her to “watch out for Mom’s needs.” And where was George Esernio of Albanese and Albanese in Garden City, NY? He was the guardian appointed by Asarch to “care” for Mom. And what about the police? They were not the least bit interested in what was uncovered by this report and the welfare and safety of an elderly, incapacitated woman. I was told that law enforcement will not do anything when there is a guardianship and a judge and attorney involved. What makes people think that judges and attorneys are above the law? They are supposed to uphold it, but from what I have seen, more often than not they are the ones guilty of breaking and abusing the law.
I gave this report to my attorney. He gave copies to everyone involved including Judge Asarch. And their response? They ignored it, just like every other piece of evidence I brought before them.
- Meet Joan, Another Victim of the Legal System…One of Judge Asarch’s Last Abused Citizens – Part Three (judicialdestructionofdorothy.wordpress.com)
- Meet Joan, Another Victim of the Legal System…One of Judge Asarch’s Last Abused Citizens-Part Two (judicialdestructionofdorothy.wordpress.com)
- Elderly Woman Prompts Guardianship Reform After Spending $100,000 to Prove Her Competence (lawprofessors.typepad.com)
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.
- Nursing Home Abuse | sandovalfirm (nypersonalinjurylawrecord.com)
- The Apprehension Regarding Reporting Elder Abuse (voicefortheelderly.wordpress.com)
- Elder Abuse Victims Act of 2013 (swk373.wordpress.com)
- Sacramento jury slams firm with $23 million in punitive damages in wrongful death, elder abuse of woman (sacbee.com)
- Elder Abuse Provisions Included in Violence Against Women Act (pattidudek.typepad.com)