Your Name 
Address 
City, State, Zip 
 
 
DATE HERE 
 
Senator Casey 
2000 Market Street 
Suite 610 
Philadelphia, PA 19103 
 
Dear Senator Casey: 
 
 
Please have your staff confirm the whereabouts of and speak to David Italiano, one of your constituents who we suspect is the victim of guardianship abuse. One of the public agencies mandated to protect Mr. Italiano – the Huntingdon County Agency on Aging (AAA) is instead, violating Mr. Italiano’s rights and we are greatly concerned for his safety and well-being. 
 
Despite a neuropsychiatric evaluation finding Mr. Italiano to be competent, Judge Zanic appointed Huntingdon County AAA, as Mr. Italiano’s permanent guardian on November 10, 2020 despite a pre-existing conflict of interest by Judge Zanic. This was against Mr. Italiano’s stated desire, and contrary to the policies and rules governing AAA’s, according to the Executive at the Administration for Community Living (ACL).  
 
The Huntingdon County AAA is violating the Powers, Duties, and Liabilities of a Guardian as stated in Pennsylvania Statutes Chapter 55, Section 5521: 
 
“It shall be the duty of the guardian of the person to: 
 
1. Assert of the rights and interests of the incapacitated person. 

2. Respect for the wishes and preferences of the incapacitated person to the greatest extent possible. 

3. Participate, where appropriate, in the development of a plan of supportive services to meet the person's needs; and 

4. Encourage the incapacitated person to participate to the maximum extent of his or her abilities in all decisions that affect him or her, to act on his or her behalf when he or she is able to do so, and to develop or regain his or her capacity to manage his or her personal affairs to the maximum extent feasible.” 

When the Huntingdon County AAA – placed Mr. Italiano in Embassy at Loyalsock, a nursing home, against his wishes. Mr. Italiano did not meet eligibility criteria for nursing facility admission, and his continued forced residency in a congregate facility violates federal regulations, constitutes Medicaid fraud, and places him at unnecessary risk. 
 
RTFCIL staff maintained contact with Mr. Italiano and vigorously advocated for his right to obtain his medical records. Shortly after this right was finally granted, the HCAAA retaliated by restricting Mr. Italiano’s communication with RTFCIL staff after RTFCIL had determined that Mr. Italiano was eligible to receive federal services to help him move out of institutionalized care back into the community. This is a gross violation of his civil rights under the Americans with Disabilities Act (Olmstead ruling) and violates Pennsylvania’s guardianship statutes.  
 
Staff at Embassy at Loyalsock went so far to confiscate Mr. Italiano’s private cell phone on TWO occasions, once, in the middle of a conversation! 
 
Mr. Italiano has consistently requested that RTFCIL advocates be able to participate in his care planning, but his current court appointed attorney, Mr. Ray Ghaner, in collusion with Huntingdon County AAA, forbid him from having an advocate at his virtual hearing in January 2021.  
 
Mr. Italiano’s guardian has denied their client access to his phone and the ability to have private, unmonitored phone calls, as well as his right to participate in a person-centered care plan to exercise his wish to choose a guardian.  The Huntingdon County AAA refuses to communicate with RTFCIL on behalf of their client, stating falsely that participation by RTFCIL creates a duplication of services.  
 
On or after 2/20/21, Mr. Italiano was moved from Embassy at Loyalsock to another institution, ostensibly to prevent further contact between Mr. Italiano and his preferred advocates. Currently, his advocates cannot locate his whereabouts or establish his safety and well-being. Huntingdon County has essentially ‘disappeared’ Mr. Italiano. 
 
Please use every power at your disposal to obtain the whereabouts of Mr. Italiano, determine his safety/well-being and ensure that his rights under the law are being protected. 
 
 
Sincerely,