Wednesday, October 5, 2016

Sealed guardianship cases

In June 2013, Nassau County Judge Angela Iannacci sealed a legal action brought by Dean Hart, now a candidate for State Assembly, to have a guardian appointed for his 79-year-old mother, whose mental faculties were in decline.

Iannacci’s order failed to provide any substantive justification for sealing the records, as required by the state mental health law. In such cases, concern for the privacy of the vulnerable party typically serves as the basis for sealing.

An examination of partial case records obtained by Newsday, however, raises the question of who actually benefited from the sealing order. It appears to have done little for the welfare of Beatrice Hart, who suffers from dementia, while shielding attorneys, the courts and a current candidate for public office from outside scrutiny.

The disturbing accusations leveled in the case include elder abuse, cronyism in the court system, and Dean Hart fleecing his mother of $4.5 million with help from the firm of attorney Steven Schlesinger, a powerful Democrat whose court-appointed stewardship of a wealthy charity is now under state and federal investigation.

The Hart case is one of 207 guardianship proceedings identified by Newsday that Long Island judges hid from the public during a roughly 10-year period.

These cases involve the appointment of legal caretakers for people who require help managing their personal affairs. They comprise two-thirds of the court actions Newsday found in its investigation of case sealing by Long Island judges.

After obtaining confidential records, Newsday two weeks ago reported state Sen. Tom Croci’s involvement in one of those cases. In 2013, Newsday reported, a court-appointed evaluator found that Croci had “taken advantage” of his elderly aunt, philanthropist Adele Smithers, for his own financial benefit and recommended that a judge reject his request to control her assets as guardian. Croci told Newsday that he always acted in his aunt’s interest and that he could not answer questions about the case because of the sealing order.  (Click to Continue)

Full Article & Source:
Sealed guardianship cases


StandUp said...

Who always benefits when cases are sealed? Certainly not the public who has the right to know that the state is protecting its incapacitated population!

Don said...

Sealing records always benefits crooks.

Betty said...

207 sealed files? That's outrageous!

Vanessa said...

If guardianship cases are sealed, how does media get access to the file so they can report on these type of cases?