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How New York’s Elderly Lose Their Homes to Guardianship

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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 Wilsonlying helpless on the floor of her home and unable to get up 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, even though Diane had filed to be her mother's 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 Wlson’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 force 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 aseries 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.


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How New York’s Elderly Lose Their Homes to Guardianship

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