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
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.
There is a 91-year old woman by the name of Elinor Frerichs who is currently locked away in Lakeside Park, a locked dementia facility in Oakland, California. She is under the abusive guardianship of Scott Phipps, a conservator who denies Elinor almost all visitation and phone calls. His website states that he “followed a spiritual path” and “entered McCormick Theological Seminary and graduated with a Masters of Divinity.” He then worked as a minister for six years. It is beyond my comprehension how a person who is supposedly “spiritual” becomes a member of the National Guardianship Association; he then goes on to become an abusive guardian.
Mary Giordano, the elder care attorney who kidnapped my mother from her beloved home and imprisoned her in a nursing home against her will is a member of the Catholic Charities Volunteer Lawyer Initiative and the Trustee of St. Peter of Alcantara Church, Port Washington, New York. She is also a commissioner of the Port Washington Garbage District.
It is painful to know that some of the same people who are abusing our elderly parents and loved ones are the same church-going members and ministers of our community churches, the same people pretending to be “spiritual” while they kidnap, abuse, isolate and drug the elderly against their will. Using religion as a cover while committing dastardly deeds is despicable.
Elder rights advocates across the country are watching the unfolding case of elder abuse by Oakland, California conservator Scott Phipps of Phisco Fiduciary. Phipps’ conservatee Elinor Frerichs (91) is unlawfully imprisoned and isolated at Lakeside Park, a locked dementia facility.
Phipps and Lakeside Park allow Elinor no visitors and no phone calls. Elinor is denied contact with family, friends, and elder rights advocates. She has no way to retain legal counsel to represent her interests. Elinor is alert, oriented, and despairs of having no one who can engage in intelligent conversation at the “booby hatch.”
Elder rights advocate Diane Wilson (daughter of elder abuse victim Dorothy Wilson) contacted Scott Phipps to ask for visits and phone calls with Elinor. Wilson identified herself as a member of the National Association to Stop Guardian Abuse (NASGA). Phipps’ response would indicate that he is in favor of guardian (conservator) abuse
Keep Marise in her Home is a Facebook page started by Julie London Ferguson in her desperate attempt to save her mother, Marise, who is currently and wrongfully under the guardianship of Lutheran Services. Why? For money…if there was none, these people would be nowhere near her. Should these strangers be guardians of this beautiful sweet woman? Of course not, but our judicial system is so incredibly corrupt that the removal of an individual’s freedom happens in the blink of an eye.
I was raised Lutheran and my Mom attended St. David’s Lutheran Church in Massapequa Park every week. I wrote and called my mother’s pastor begging for his help to save her from the abusive guardianship she was locked in. I asked for help in getting her out of the assisted living facility and nursing homes she was locked up in. He refused to help. I wrote to Lutheran Services and asked for help. They ignored both my letter and phone call. At the time, I was unaware that they were part of the problem.
I am ashamed of what people do in the name of a religion I respected and believed in. The Lutheran Services of America states on their website that their core values are as follows:
LSA’s Core Values are:
- We are guided by God’s call to love and serve our neighbors.
- We honor all with dignity and respect, recognizing the diversity of people, communities and ideas.
- We are responsible stewards of resources and relationships.
- We pursue innovative solutions to complex problems facing members and society.
How can this corporation possibly state all of this when they are complicit in taking away the God-given rights of other human beings? When a person or corporation claims they “honor all with dignity and respect”, then their behavior needs to be ethical and they must comply with the laws. One of those laws states that where there is a willing and capable family member then they need to allow that family member to be guardian and/or co-guardian and not fight that individual. They have no right to put a loving and truthful daughter of the person they claim they are helping on the defensive. They have no right to state without facts and without merit that Marise’s daughter, Julie, is not willing or capable to care for her Mom. Any negative comments that the paid staff is saying is not the truth. Why are they trying to distract from the main issue by trying to throw a loving family member under the bus? It is against the compliances of a non-profit to hang onto Marise. She needs to be living with her daughter who is more than willing, able and capable of caring for her mother.
Please listen to Julie tell her story on Sarasota Talk Radio.
This is a Facebook post by Julie London Ferguson August 8, 2014.
I was happy to get the opportunity to see my Mom twice yesterday. Early in the morning and later at night. When you do a radio program, you have to go back in time and relive a lot of the nightmare. One thing I didn’t mention on the show was not important, but I’ll mention it here. During the Guardianship test that I took and passed, the instructor was an attorney from the notoriously bad Pinellas County section. When he talked about inventory, he actually was ‘giddy’ when describing a stamp collection that was found in an elder man’s home. He was talking about how to value it. Of course he was happy – that stamp collection was going to pay HIS fees and the Guardian’s. Not be passed down in a family. This is why guardianships are called: Transfers of Wealth. My Mom’s paintings are inventory. Guardians raid people’s homes to get out valuables or do ‘inventory’. It is an extremely frightening process for the confused elderly person. Mom’s nest egg (in the five figures) that she saved so she’d be taken care of in her elderly years was gone in a week. Can you imagine how frightened we’d be to have a LOT of people forcing their way into your home – locks being changed – and people rifling through all your things? I remember the guardian telling Mom to sign for the $25.00 she was going to give her. This was after I told my lawyer that Mom had NO money for months. (Of course I spent my and my husband’s own $$’s…now in the thousands for Mom.) Mom stated: “Let me understand this…You want me to sign for my own money? No way.” I questioned how people declared incapacitated sign for their own money. Anyway, that’s what we learned in class. Family – with a history of trying to PROTECT a parent’s money…with a history of paying bills ON TIME, family members named Power of Attorneys and want to take care of their own parent should be able to. Anything less is a crime to humanity and our most vulnerable citizens. Instead of seeing our elderly as brave souls who have weathered life’s storms and deserve respect, the bad see them as ‘cash cows’. I believe that is why once in a guardianship, they never get out. No one gets out.