Judge Backs Grandson's Healthcare Proxy

An Essex County judge has upheld the validity of a health-care proxy for the grandson of an 83-year-old Gloucester man who became gravely ill while under the supervision of SeniorCare, Inc. at the McPherson Park housing complex.

The court action was rooted in SeniorCare's challenge to the right of Vito Loiacono, 38, grandson of Joseph Judd, to obtain Judd's medical records from SeniorCare, a Gloucester-based health services.

While SeniorCare has no role in Judd's care at present, it challenged the validity of Loicono's durable power of attorney (DPOA) and healthcare proxy (HCP).

Echoing the finding of a court-appointed "guardian ad litem" requested by SeniorCare in January, Judge Mary Ann Sahagian indicated Loiacono's DPOA was invalid because it had been executed after - although almost simultaneously to — the healthcare proxy, which proffered that Judd, who is illiterate, had dementia, according to court observers.

Technically, that made Judd unable to authorize subsequent legal documents.

But the judge concurred with the appointed guardian that the proxy was valid, and legal experts say should enable Loiacono to obtain the records he has sought from SeniorCare since June.

The guardian, Michelle Azzari, a family law specialist from Saugus, investigated Judd, Loiacono and the case during the past two months.

Announcing her rejection of the SeniorCare argument, Judge Sahagian told the company's attorney, Lawrence Varn, "you have no horse in this race," according to court observers.

Loiacono said he will pursue obtaining the medical records, and will formally seek guardianship of his grandfather.

"It's just one step at a time," he said.

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Judge Backs Grandson's Proxy of SeniorCare Challenge