Until relatively recently, I was unaware of how rampant elder abuse is within the judicial court system. For nearly the last two decades, my life has been spent helping as many people as I could in a way that is different from what most do. I have informally advised and helped thousands of people through the publication of my book, as well as in private sessions as a medium/psychic. It wasn’t until my good friend started sharing her story with me that my eyes were opened to something much more common than I knew; at least on a conscious level.
I have had the privilege of knowing Diane for over five years. During that time, she has never been more than helpful, loving and compassionate to everyone. Doing what I do for a living usually allows me to be a good judge of character. Ironically, it is a judge and his decisions that prompted me to write this article. The choices and the attitude he has expressed have been protected by legal statutes. While they may be legal, they are far from moral, ethical, or compassionate.
This all started about two and a half years ago. Diane’s mother had given her power of attorney and appointed her as a health care agent. Like many families, there were disagreements with siblings. Diane was told that her brother and sister wanted to sell her mother’s house and place her in a nursing home. Although this old lady, Dorothy, had some early dementia and knee problems, she was still a vibrant and conscious person. She had no interest in being displaced so those two could have her money. Diane’s family suggests that she file for legal guardianship to protect her home and also protect her mother’s life. She seemed to make a lot of sense.
Recounting the events that quickly unfolded is truly an injustice to the elder abuse that has been incurred since. The brothers contested the petition for guardianship. Instead of reaching a mediated agreement, the judge hearing the case decided that it would be better to make decisions for everyone. He appointed a legal guardian and a care manager. It seems that these three have worked together before. Diane immediately backed away from what her mother wanted; for her to take care of her needs if there was any reason for it. As it was, Dorothy spent many weekends at Diane’s house. It should be noted that Diane works from home and cared for her father in his later years. She would give Dorothy a change of scenery and much appreciated love and companionship. All of that was about to change.
Diane rightly hired a lawyer to help overturn the judge’s decision. This attorney had handled her parents’ legal needs in the past. He was not only familiar with family dynamics, but he had intimate knowledge of what Dorothy wanted. He was even going to represent Diane pro bono. All he wanted to see was this old lady allowed to live happily in her own home, or with Diane. The Supreme Court judge, based in Nassau County, New York, took it upon himself to unfairly deny the attorney’s largesse and right to represent Diane. It was the first step in a series of negatively damaging rulings against my friend.
The legal guardian requested that a reverse mortgage for $275,000 be approved on Dorothy’s house of six decades. In open court, opposed by some, this magistrate authorized the financial decision, stating that the money would allow Dorothy to remain in her home for at least five years. It’s only been two years and all that money has been spent. In addition, social security and a couple of small pensions continued to come in. In just twenty-four months, over $325,000 had been wasted!
At the time of writing this story, the judge ordered Dorothy to enter a nursing home. In her ruling, he admits that this is against the wishes of Dorothy and her family. The legal guardian, care manager, and one other person showed up unannounced and told Dorothy that they would take her to the doctor to check out a problem she was having. Dorothy, who is now eighty-seven years old, willingly accompanied them. She was pushed away to a nursing home that was far away from the only child who has been fighting for her freedom. She is scared beyond belief.
Lying to get into the car is one in a long line of deceptive tactics used by the law enforcement, health care administrator, and judge himself. There has been hearing after hearing over the last thirty months where the three have waged a war of defamatory statements, incredulous lies and perjury against Diane. They have fought the only daughter who seeks to do right by her mother, and their end game has been a complete drain on Dorothy’s modest estate. Her health has been compromised and, from my external point of view, she was made solely to line her own pockets. The tragedy of all this has been that the judge, chosen to defend the rights of all people, has led his attack on an old woman.
How I wish I could condense hundreds of pages of documents into one short article. There was the theft of more than thirty thousand dollars worth of jewelry. Dorothy said her other daughter ran off with it and she’s been asking for it back. The supposed guardian of the law knows this, but he refuses to intervene. There was an affidavit from another legal entity stating that, of all the interviews she had with people familiar with the family, Diane was viewed as the most loving and giving child of the three. She claims that her brother is known to have a violent temper and would be a danger to her mother. In court, the same woman appeared before the judge and said that this same man would be the best person for Dorothy to live with. In my opinion, these heinous actions by Diane’s siblings have been overlooked in exchange for their support in allowing all of this to continue without her objections.
As I summarize this, I would like to share with you that there was a previous time when Dorothy was locked up for thirty days in another facility. She was denied the chance to be asked out by Diane for Thanksgiving, nor was she allowed to attend the christening of her only great-granddaughter; something she very much wanted to be a part of. In trying to support Diane in any limited way possible, I discovered that elder abuse is a much larger problem than I knew. The National Association to Stop Guardian Abuse (NASGA) has stepped in to help with this case; one of a multitude that are drawing the attention of Congress and other law-related committees. It seems like the power-hungry people who are trusted to protect the rights of our seniors are running amok and taking advantage of them, their families, etc. Justice is supposed to be blind, yet it is those in society who need not be blind to the fact that this happens all too often. If you find yourself in a position to make a difference by correcting the mistakes of these judges and tutors, make sure you don’t wait for someone else to fix it. What would you do if it was your mom or dad? If it was your family that faced this?
