New Landmark Laws Overhaul California's Troubled Conservatorship System

I just found your article on our broken conservatorship program in California. I am so glad that Gov. Schwartzenegger is trying to do something about it. However, you fail to address the really broken system and that is the Regional Center system. Created in the 1970's by Frank D. Lanterman, the purpose of this system is to oversee the services provided to our most vulnerable population. I am sure that Senator Lanterman assumed that a non-profit agency would eliminate the government bureaucracy.
Herein lies the problem. This system has not been monitored and is now out of control. Title 17 is changed at a whim in order to further the personal agenda of greedy regional center directors who are either lining their pockets or attempting to further their own political goals.
The developmentally disabled citizens of our State are now just a commodity and little can be done. Why? Because regional centers have so much power they are competition for the Mafia of the 1920's.
Favortism, bribes, kickbacks, discrimination, etc., are very commonplace. Careproviders, families and consumer are at the mercy of this system and dare not speak out. If you dare, you may pay dearly. People have been put out of business, set up for lawsuits, threatened (even physically), cajoled, discriminated against, etc. DDS has little control or just doesn't care. In one regional center, audits are conducted for the express purpose of getting money back from careproviders in order to MAKE the budget look good. Who cares that these same careproviders then resort to illegal labor practices or literally steal from their clients to make ends meet. Behavioral consultants charge for time they don't spend with clients in order to meet required hours and careproviders pay. It is easier to pay them off than dare angering the powers that be and face potential consequences.
Community Care Licensing colludes with regional center managers in order to CONTROL outspoken careproviders or just punish those who speak up.
I KNOW. I have been a victim of this corrupt system and continue to witness unspeakable abuses on the clients, the families and the careproviders.
When is someone going to look at this system and start cleaning it up???????

My mother was placed in a facility under and LPS Conservatorship by a County Public Guardian. There was no judicial determination to warrant this. In addition, the public guardian did not follow the law. She did not make any attempt to contact any of my moms family by phone or by mail when she new the whereabouts of myself and other family. The court allowed the public guardian to act unlawfully. Every court document in the case file was either not completed completely, on the wrong form, or the proper persons required to receive document where never on any proof of service. Making a long story short, my mother who was of very limited means and only 64 now has nothing whatsoever. They took her mobile home and most of her personal property. Inventory was ridiculously inaccurate and inappropriately valued. Total value of estate was $3750 which included her mobile home. Public Guardian caused severe damage to mobile home after mom removed. Then allowed it be appraised in horrific condition. I have been fighting the county for almost 11 months. The public guardian responsible was terminated and the Chief Deputy Public Guardian was forced to resign. Now I found out that all three judges involved in my mothers case have announced an early retirement as of 1/07. I was sent falsified court documents by this public guardian which reflected court stamps, filing dates, judges signatures, etc. The actions of this public guardian are terribly severe and have destroyed my moms life. She also has involved many county officials in her doing so which I am sure none of these officials knew anything about what the public guardian was doing. I myself have just determined the issues of the fake docs. I desperately need legal help for my mom as the county is trying to sweep this under the rug. Even though I do not blame the county agency APS and Public Guardians Office for the actions of one employee but now I feel that the county needs to admit that they clearly didn't supervise or oversee their employees actions which resulted in my mom being yanked out of her home and the entire loss of everything she had. There were other alternatives available for my mom other then placement. The law states that every option available to keep elder in home or to keep as independent as possible is to be considered. Probate code 1822 states that every family member even in the second degree is to property notified of conservatorship proceedings prior. If I would have been contacted or sent something my mom would still be at home because I would have moved in with her briefly if needed until a suitable arrangement could be in place. Not to mention the county has been receiving her SSI checks and handling her money for 4 years. My mom nor anyone else has ever seen any accounting of anything. My mom was only given $45.00 a week to by anything she needed food, soap, detergent, etc. This whole situation is not only out of control but without punishment to the person responsible. I spend everyday looking for legal help for my mom as know I want the county sued. I want them to replace what they have taken from my mom and i want my mom released from this facility. However, now she is so traumatized emotionally, is heavily over medicated, and has been through "shock treatment" a source has told me. She now is unable to be by herself and maybe will never be able to. Time is critical now because she is deteriorating rapidly and has given up. I can't believe that there are no resources for someone victimized by a county agent/employee. I am continually told incorrect information, false information, and more importantly can't get anyone to talk with me or return my calls. I live 2 1/2 hours from this county. There has to be more supervision within the department as well as through the courts. If a county agent/employee is found guilty of elder abuse of their conservatee, I think the penalty should face a penalty three times over and be faced with mandatory prison time. They mostly act without a bond and why I do not know. That is what a bond is for is protection in regards to their actions. This public guardian wasn't even registered with the Dept. of Justice conservatorship/guardian registry. My mothers conservatorship is up and the new public guardian has it set for late december to be reinstated. What do I do? I don't have my own place for my mom to stay at. I share a house and am a single mom. Where would my mom go now she no longer has a home? What would she sit on, dry off with, eat off, etc.

Thank you for your article. My concern is who is going to oversee the County Public Conservators /Guardians? In our case, our relative (in Monterey County) was under a forced conservatorship. Our relative was living in a board and care when the county took control. Our next of kin wanted more than anything to be with her family. We, her only next of kin and power of attorney were bypassed for no reason. With no trial and no sworn in person witnesses or testimony the county became the conservator. Our relative died in state custody and we have since filed legal actions for the wrongdoing. She was placed on anti psychotics known be dangerous to the elderly. She suffered. We have filed many complaints with state agencies. We even filed a habeaus corpus to try and free her from state custody and confinement. It is much much easier to blame and sue a private fiduciary for wrongdoing but what about when county guardians/conservators employees do wrong, how are the new laws going to stop county conservators from taking advantage? I think that states should not use county conservators at all but should only use private conservators. It is too late to help our relative who died in Carmel, CA with open lesions, severe bruising, skin and bones and almost completely financially broke. How can this happen in a free society? The county charged large fees for their "work" when all our next of kin wanted was to be with her family. Instead, she died almost a pauper alone under forced conservatorship. I fear that the new laws will make it easier for the counties to go after new golden gooses. Blaming private conservators does not take the shame or blame off county public conservators/guardians.
John

John is completely right. Rather you are a private conservator/guardian or are a county public guardian, the results are the same. Are county public guardians required to be registered with the Department of Justice? Private guardians/conservators are. Just recently, the state now requires "public guardians" to have certain qualifications. Prior, all you needed was a bond, $400 approx., and no felony record. The public guardian who victimized my mom had no experience anything. She had no experience or knowledge of antiques ( which consequently were not even listed on inventory ). She listed 20 coats. 3 of them were tea length mink coats which were my grandmothers. She valued them at $25.00 for all 20??????? To be completely honest, I am so pissed off right now at this so called "sunshine state". Nobody is going to do a damn thing for my mom. She didn't remove herself from her home, the county public guardian removed her. She didn't donate her mobile home, the public guardian did. Etc., Etc.,. I will say this, if this lady did this to my mom, she did it to others and will do it again. I don't understand why my mom has been literaly put in prison. She has no idea what happened or why. Everyday she sits in this shit hole trying to figure out just what the hell happened. She has been through shock therapy, has been restrained, and is definately over-medicated. I imagine to keep her calm because if it was me and I wasn't strapped down all hell would be breaking loose. I am disgusted with the State of California. I have contacted, emailed, filed complaints with everyone on every level more than once. Do I hear anything?? No. Not one person in this whole damn state can help my mom! The county is laughing there ass off at this. I can't fight this without a lawyer and the county knows it. I am going to continue to contact anyone and everyone I can, be it the news, talk shows, attorneys, non-profits, etc., to bring this situation out in the open.

In my opinion, any wrong doing by a county Public conservator/guardian is worse than the wrong doing of a private conservator. A county worker is supposed to have to answer to the county, its board of supervisors. A county conservator is supposed to be the person of last resort for those with no money and no family. Our relative had money and family and a power of attorney and a health care proxy. She clearly stated she wanted to be with her family. Isn't family supposed to come before the state? Our relative was an honest, decent person who deserved to live her life freely, with dignity. Instead, she was forced to stay in the board and care in Carmel, drugged with an anti psychotic and she could not even leave the state. She died almost a pauper and skin and bones. The LA Times did a series of stories on private conservatorship scams but the articles, so far, have not addressed scams and wrong doing of county conservators. Thank you again for your article and bringing this to the attention of others. Baby Boomers should be aware of forced conservatorships.

Unfortunately, these stories seem to be more and more prevalent every day.
Fortunately, there is now a place where we can discuss our loved ones conservatorships and brainstorm together to change this faulty system.
The National Association to Stop Guardian Abuse was formed in the spring of 2006.
2007 is going to be the year for change, but only if we join forces.
There is strength in numbers, and we are growing stronger every day!

Please visit www.stopguardianabuse.org and consider joining our organization.

The current reforms to the California guardianship problems while very welcomed are just a finger in a levee that is about to flood not only the state but the nation itself. As one post reflects, the legislation addresses private guardianships to some extent but fails to address the Public Guardianship nightmare. My daughter who is developmentally disabled is trapped in the rat's nest in San Mateo County. I know of 5 other DD cases with huge problems in that county and have discovered through my affiliation with NASGA that there are several more involving the elderly-at least 5 altogether in a nationwide chat with 47 members. Every individual I've spoken with tells a similar story: The Public Guardian's fabricate or inflate some "confidential" accusation, fail to contact relatives, rush to conserve individuals - especially those with assets, move them into care facilities, sell their homes, deprive the conserved of their rights under the law, disregard even the most basic of needs for some sort of quality of life, slap a restraining order on the family or otherwise defame or discredit them with false or misleading statements and innuendo when they complain...This isolate the ward until they kill either the spirit or deplete the health of the conserved. It is not unusual for an elderly to die shortly after being conserved. My daughter was severly injured and mentally abused by the staff at the care home they placed her in. After I was successful in removing her, I discovered that her room mate had been sexually abused repeatedly in my daughter's presence. Neither my daughter nor her room mate can sue because the Public Guardian is the only one that can enter into a contract to hire an attorney to do so. They haven't made any attempt to file a suit that would certainly name themselves as a defendant. That's when they slapped me with the restraining order. Incidentally it was the day after my mother died and I could not go to my own mother's funeral because my daughter was there.

If you think that this couldn't possibly happen to you, go to the NASGA website and start reading. It's going to happen a lot more often as the baby boomers age and flood a system already fraught with systemic problems.

I sorry that I feel unable to post my real name here for fear of retribution against myself and my daughter from San Mateo County. There are people in that County who have taken a real personal stance in my case due to my outspoken nature.

My family has also fallen victim the the broken conservator problem in the state of california. Our story is a little different as it was my two sister in laws who had my mother in law placed under a conservatorship because she threatened to write them out of her will. There is a great problem with the system. I have found though through all of my reading and internet searching that there is one thing that we all need to make sure of and that is that our loved ones and we have living trusts set in place. If this is done there is a great deal of the need for conservators is taken away. We can eliminate some of the need this way, as I understand the law. I am not an attorney. I am just a caregiver that was thrown into a nightmare. To those of you who are still fighting the system, keep going and dont give up. My husband and I are still fighting too, and we need to keep on to help everyone. That is part of the problem, for every person who has someone fighting for them how many others are just stuck in the system. It is a sad sad state when we treat our loved ones the way they are being treated by professionals that are supposed to help.

Although both Public and Private Guardianships can be problematic, it seems even more difficult to hold Public Guardian's accountable because they are an arm of the government.

As the saying goes "you can't fight City Hall".

Citizens assume that the Public Guardian's office is to be the last resort for individuals whose families cannot or will not perform the duty.

Perhaps that was the way that the Public Guardian's office was originally set up to be, but it has strayed from it's original intention, which was to "protect" incompetent seniors from being conned into losing assets and perhaps ultimately losing their homes and quality of life.

Isn't it ironic that these so called "protectors" often are the ones that are robbing seniors of their nesteggs, homes, and also their freedom to choose their futures!

The guardianship system has absolutely no checks or balances. When family or friends are concerned regarding the care that their loved ones are receiving at the hands of the Public Guardian, there is no office to complain to. When we try desperately to reach somebody that is above the Public Guardian, we are given the runaround with everyone contacted seeming concerned, but eventually "passing the buck".
It is true that our legislators have introduced bills that may help seniors from unscrupulous Private Guardians, but who is monitoring our Public Guardians??? ?

Unfortunately, the case in Ventura County is NOT an isolated incident. It happens much more often than the public could imagine, and it is not a rogue employee here and there. It is the SYSTEM that is broken! Public Guardian offices depend on money from their conservatees to pay their employees salaries! In money strapped California, forced conservatorships are especially prevalent.

Seniors are being forced into Nursing Homes against their will!
Their homes are being sold out from under them at a fraction of market value, while the senior is given a paltry "allowance" of as little as $100.00 per month!.

Conservatorship by the Public Guardian is supposed to be the the LAST resort, but often seniors are conserved without family members even being notified!

Families that cry outrage and try to go public about this crime are disparaged so that they can be silenced and therefore ineffective in helping their loved one.
No proof of wrong doing is needed. Just the fact that the all too powerful Public Guardian has "concerns" about family members seems to be good enough for the busy Probate Court, which will then rubber stamp the conservatorship, often without ever meeting the proposed conservatee or talking to family members.

Too often a "Conservatee" (ward of the court) dies alone.....denied the comfort of their family because the system needs the senior isolated so that their pleas for freedom can be silenced.

Think I am exaggerating? Think it could never happen to you or anyone you know?

THINK AGAIN!

IT IS HAPPENING IN ALMOST EVERY STATE, ESPECIALLY CALIFORNIA BECAUSE OF THE HIGH MARKET VALUE OF HOMES WHICH THE PUBLIC GUARDIAN GETS A SUBSTANTIAL YEARLY PERCENTAGE OF!

PLEASE VISIT STOPGUARDIANABUSE.ORG (NATIONAL ASSOCIATION TO STOP GUARDIANSHIP ABUSE) AND BECOME INFORMED.
NASGA is a self-help, civil rights organization focusing on abusive private and public court appointed guardians and conservators who misuse the court system to benefit themselves.

Regional is a corrupt, insane system. Please investigate. Check San Francisco Chronicle's 1997, August 4th investigative report. "“The sprawling bureaucracy that controls more than $1 billion a year for developmentally disabled Californians is plagued by mismanagement and financial abuses so severe that the health and safety of the disabled have been jeopardized,” said a 1997 San Francisco Chronicle report. “State officials have known for two decades of serious problems in the network of 21 private, state-funded regional centers,” said the 1997 report. Problems like administrative extravaganzas, kickbacks, missing deposits, undocumented loans and unrecorded expenses. Not to forget Regional employees who fail to monitor, treat or provide services to disabled persons and then cover neglect by lying about on reports. Now, fast forward 2007, California still has 21 Regional centers, scattered around the state, each one a corrupt, inept mess that needs to be shut down and the money given to parents. Another 1997 report stated: “Federal investigators have found ‘severe deficiencies’ in California’s care of the developmentally disabled…” Worse, “Disabled people and their families who complain about services sometimessuffer retaliation from those who oversee their care.” Much like I was retaliated against after I confronted Regional Center employees about how they speculated on a complex behavior they weren’t qualified to handle, transfixed in arrogant assumptions and scribbling notes. Shut down Regional Centers. Give parents the money to purchase services for disabled at resource centers. We don’t need bumbling, mumbling, bureaucrats. We need money and access to treatments so we can better help disabled adults and children. Some of these Regional employees are master con artists. INVESTIGATE.

The Legislative addresses Private Guardians but fails to address "Public Guardians" & the horrific Crimes they commit with our Elderly. There are "Cover ups" in the Nursing Homes and many "Public Guardians" Contract with the very Nursing Homes that Abuse the Elderly further covering up the dangerous issues. Even Family reporting the Abuse, Neglect, Retaliation, Retribution going on find that their reports fall on deaf ears & do not get reported to the proper agencies. Thus many go "unreported". The Deputy Public Guardian's California Conservatorship system was set up to "Protect" the Elderly & Vulnerable from fraud & abuse but is the very entity allowing & many times causing the Fraud & Abuse!

Is conservatorship in California good in New York state?

I just came upon the Sept. 29, 2006 article titled "New Landmark Laws Overhaul California's Troubled Conservatorship System" by Assemblymember Dave Jones. I was appalled, at the ignorance and lack of reality based statements made on this topic.
Anyone who has had,a family member in the "Conservatorship System/Guardianship here in Florida knows, of the abuses forced upon the "elderly and most vulnerable" better than
any of those who have put a legislative package designed to remedy the problems they seemed to have newly discovered.
I dare have the media look into thousands of cases (in public files) were the so called "ward" has had a "living will", or some other legal document stating their wishes,in case of need; yet they are more than often ignored,by the judges in charge of the case, in spite of laws that are supposed to protect the right of these individuals. Although it is true that in some cases the family members abuse the power given to them,it is the professional guardians and strangers who seem to have no supervision; who indeed drain these poor needed souls of their money, could care less of their health, and usually leave them,-- alone, away from those they love and support them, and placed in a strange place; that is, if they do not die first. As indigents and dependents of our tax dollars... not to mention the misery of broken lives, suffering,abuse and neglect that leads them into lonely deaths with helpless families- daughters, sons, and closed caring family members as "legal nobodies" to protect them.
It is interesting that most of those under Conservatorship have assests. I personally do not know of any homeless needed sick,and vulnerable elderly person taken in by any body of the court system picked them up, and place in nursing homes, assigned a professioanl guardian to look after person's well being.
Let us not forget, that paper hold anything a pen writes on it; true or not. Doesn't anyone wonder why some of these people- many forced to stay in institution develop bedsore, as big and deep that a fist can fit into it, when they are supposed to be turned every two hours in order to prevent this? Hundred of examples can be provided to denote how any one director at a nursing home, can indeed have all the requirements by law written on the wards "care plan". And, the bruises, falls, feeding tubes,pychotropic medication, etc. can all be well explained ; and documented to be "for their own safety, etc. by these "professionals".
With the amount of Baby Boomers soon to become of retiring age,I strongly suggest that THEY take upon themselves, to see what is really happening on these institutions.New and more aggresive training rules( to borrow from the article), nor uniform standards will change the situation any. NOTHING can stop the abuse, except YOU!
For horror stories on this subject, I suggest, that those interested parties, contact NASGA ( the National Association to Stop Guardian Abuse)an educate themselves, on the truth of this matter.
Still litigation since 2002, as my mother's advocate.
From Miami, a victim of ignorance; to a survivor of a broken heart,lotst of faith in our legal system, and advocate against elder abuse.

If guardians are really concerned with helping the vulnerable, then why are so many of them homeless? Is it because there is no estate and therefore no money for "service fees"?

Guardian abuse has become a national crisis. Complaints about guardians or financial conservators by family members who have been denied while they are left helpless to save their abused loved one are increasing at an alarming rate. In my belief, the system is corrupt and at the expense at detriment of the elderly and infirm, the very vulnerable these guardians are supposed to be protecting. It is an outrage!

Abusive guardians routinely force their victims into nursing homes so they can sell off real estate and personal belongings, converting to cash so they can over bill, double bill, downright fraudulently bill until all of the hard earned money and assets of the ward is in the guardians pockets. Many victims are left penniless with broken spirits and failing health. Some victims do not survive as they are denied medical treatment and necessary medications. This is happening every day in our country. And it is a crying shame. The worst of it all, is a guardianship ward is stripped of all rights, including the right to complain about the abuse.

Here is a site that is helping to expose this epidemic practice – The National Association to Stop Guardian Abuse at www.stopguardianabuse.org

Any abuse of an elderly or vulnerable person is unacceptable. And this should include guardianship abuse.

The landmark LA Times series on conservator abuse got people talking and got the ball rolling. The people were outraged and calledfor reform. And reform appears to be on its way. At least the beginning of reform is on its way.

But, unbelievably, Melodie Scott, the "featured" villian guardian, is still in business. Why is that? How can Melodie Scott be allowed to continue the same dastardly deeds, plundering of assets, and cruel treatment of wards and families? Why is she allowed any control over another human being?

I have to wonder.

I praise the LA Times for the in-depth study and the tidal wave it began. The same tidal wave needs to hit the public guardians who should be just as accountable as private conservators but for some reason have slipped out of the watchful eye of public awareness. Because the LA Time didn't discuss public guardians, think they're treating their wards any better?

Read www.freenancy.com and see what the Public Guardian is up to.

The new so called landmark laws to overhaul California's conservatorship problems were obviously created by someone who has never dealt with court appointed conservators. My very dear friend died unnecessarily while under the forced care of a court appointed conservator who's main concern was her money, not her healthcare. Conservatorship of a person should be the absolutely last resort, not the first choice, and then the conservator must be monitored very closely. To think that court appointed conservators are honest is ridiculous. There have been numerous instances in recent history of court appointed conservators, and court appointed attorneys conspiring to bilk the elderly of their assets. What we need is real reform. When my friend was being improperly cared for by her court appointed conservator their was no agency that I could turn to to stop this from happening!!

My family and I are in the fight of our life. They may have sign new laws into effect, but it is business as usual. I have found that in dealing with this system that money is the driving factor, it's deplete the estate attorney's fees(in my case there were three attorneys in court on behalf of the appointed conservator and one representing the family).Then base on none family members statement tried to have me removed conservator of the person. The state sanction this by putting a bandaide on a cancer. The profit must be taken out conservatorships and the like. We need a better way. Suggestion: Design Court for oversight conservatee's estates and let the families work with the courts and where no families members are available or willing lets put our heads together and come up with a better way. In closing there a square mile of homeless in down town LA. The conservatorship end when the conservatee runs out of money. Are there agencies fighting for reform? Where can you get help? Thanks for this opportunity to express!!!!!!!

I agree with the comments on the regional centers of Calif. I have 1 biological and 3 adopted disabled girls from ages 16 to 33. I have been dealing with regional centers for about 30 years and have yet to learn what they do for the client. I had one good center out of the 4 I have worked with. This one center couldn't do enough for my family and started me on respite care which I never even knew about before. This office was a little tiny hole in the wall with worn furniture and people who cared.
Then I moved to the Central Valley and they immediately decided I, as a single parent, did not deserve respite so I had to do the whole appeal and court thing and of course I won because it was so evident I needed this respite but it was incrdible I even had to fight at all. This office is a large state of the art complex with all the latest equipment and furniture. What a big difference in those who care for others and those who care only for what they can gain by cutting as many corners as they can.
My girls attend a special needs bible study and recently the leader, who is contracted out by the regional center to aide clients in their daily living skills, picked up some kids from a group home and took them to the bible study. The home was cited for this because of lack of fingerprints. The adults running this bible study are fingerprinted and oddly enough the home had a surprise visit on a Sunday night. It seems with the system so corrupt a citation for letting 3 kids go to bible study is the least of their worries.

I agree with the comments on the regional centers of Calif. I have 1 biological and 3 adopted disabled girls from ages 16 to 33. I have been dealing with regional centers for about 30 years and have yet to learn what they do for the client. I had one good center out of the 4 I have worked with. This one center couldn't do enough for my family and started me on respite care which I never even knew about before. This office was a little tiny hole in the wall with worn furniture and people who cared.
Then I moved to the Central Valley and they immediately decided I, as a single parent, did not deserve respite so I had to do the whole appeal and court thing and of course I won because it was so evident I needed this respite but it was incrdible I even had to fight at all. This office is a large state of the art complex with all the latest equipment and furniture. What a big difference in those who care for others and those who care only for what they can gain by cutting as many corners as they can.
My girls attend a special needs bible study and recently the leader, who is contracted out by the regional center to aide clients in their daily living skills, picked up some kids from a group home and took them to the bible study. The home was cited for this because of lack of fingerprints. The adults running this bible study are fingerprinted and oddly enough the home had a surprise visit on a Sunday night. It seems with the system so corrupt a citation for letting 3 kids go to bible study is the least of their worries.

The LA Times story did not cover county guardianship/conservatorship abuses. It was about private conservators.What about county abuses and scams? Our relative was under an involuntary forced county guardianship/ conservatorship in Monterey County, CA. There was no jury trial, no hearing with sworn witnesses or sworn testimony. The county workers were her "conservators". We the family were ignored for no reason. Our relative died in a board and care (the lowest level of care), with open lesions and severe bruising and she was skin and bones. She was also about broke. (We are in litigation.) I think that the county and state government needs to stay out of the guardianship business. Our relative was the golden goose.

After reading these posts and only just BEGINNING to understand even what a conservator is/does/can do etc,etc..., I am absolutely in shock as well as terrified for my Father who recently suffered a terrible fall from his 4 story condo Feb 24th. He suffered multiple fractures,has a brain injury and now suffers from possibly only temporay blindness. I petitioned the court for Temporary conservatorship/ExParte hearing, did all the leg work,flew back & forth from Florida to California,spoke to at least a half dozen attorneys and found that I could not serve as conservator because the public defender appointed to my father's case felt no family member was "suitable" to be conservator, thus recomended a "temporary" Private conservator to serve until his next court date of June 1st for a PERMENANT Conservator. Had I not got the ball rolling so to speak, my father would still be a stack full of papers on the public guardian's desk tucked away in a folder.. I also might add, that the hospital never informed me of their intention to file with the Pubic Guardian, I found out a week after the papers were filed. No phone call, no letter. I was the only family member to independantly come forward and apply to the court .There was no "court investigator" , only the court appointed attorney and suddenly after so much red-tape on my end of things,she moved at lightning speeds. I went through a GREAT DEAL of time,money,and hardship trying to resolve this for my father, who expressed his wishes that I "handle things for him" until he regain his health/capacity. The Public defender said that she interviewed my father at his hospital bedside and that he stated quote: "was'nt sure about about me serving, and that he had to "think about things". Later it was stated that he "did not want me to serve" when she discussed it with my private counsel. My private counsel said that there was nothing that he could do for me or my father. The court appointed attorney then asked that I sign a NOMINATION of a private conservator recomended by her. Pushing me out and bypassing my "day in court before I can even go before a Judge..... and replacing myself with a complete stranger. I did not sign, as I believe it to be a conflict of interest. The hearing was this morning. The "Temporary" Private Conservator is now appointed. I was also informed today that the temp conservator has also signed the petition for June 1, thus pushing me & other family members out of the way AGAIN. PLEASE......if someone reading this can offer me some valuable advice BEFORE this hearing on June 1st, it would be of GREAT help. My father has a great deal of assets, and this is why I am extremely concerned. My father has regained his mental capacity at about 90% since his interview with the public defender and the hospital psychiatrist. It is my hope that he will not NEED a permanant conservator. HOW CAN I PROTECT him from futher railroading? They want to place him in a rest home at 64 yrs old and perscribe psycotropic meds. PLEASE HELP.

Wow is all I can say.

Believe it or not, I thought this business was pretty decent and honorable... I guess these horror stories are pretty depressing.

I am even thinking about becomeing a professional conservator in the next 10 years when I change careers.

I am certainly an above-board type of juy and aim to do the right thing.... Holy crap.... this industry is tarnished and will get worse if the good guys don't step in.

I am sorry to hear about the horror stories.

P.S.........I'd like to also add that as of June 1, 2007 the court is doing away with "Temporary Conservators" who serve for 30 days. From there on, only "Permanent Conservatorships" will be permitted. This in my opinion, could be of an extreme detriment to the conservatee and concerned loved ones.

K. Dubler,

Unfortunately, your story sounds typical of the system in Ca.

What county was this in? Please post your email address or you can message me at guardianshipvictims@yahoo.com

Ninety-Year-Old Abused by L.A. County Guardians, Daughter Alleges

WRITTEN BY BY JENNIFER BIHM, SENTINEL STAFF WRITER
APR 05, 2007 AT 09:49 AM
Helen Henson has been fighting the last four years for her mother's return home, she said.
This year, January 31 was the last straw for Helen Henson Jr. That day her namesake- her 90-year-old mother Helen Henson Sr. was admitted to Little Company of Mary's emergency room in Torrance with a fat, bloody lip and a large bruise on her leg. Employees at the Royalwood nursing home, also in Torrance, told her the injuries were a reaction to antibiotics given to her mother for a bladder infection.
"But I don't understand," said the younger Henson, "how you can have a big fat, swollen bloody lip and an unexplained bruise on your leg...I want to know to this day, what type of antibiotic would cause that. [I believe] either my mother was socked in her mouth or she was dropped."
Henson Jr. said she has been trying to get her mother back home with her since 2003 after a mental health court decided that the elderly woman needed to be under the guidance of a public conservator. During that time her father had passed and mother went into a deep depression, she said. Often, she would have to take Henson Sr. to emergency for episodes stemming from her mental condition.
"From there (emergency room) they observed her and that's when all the confusion started. It happened October 28, 2003. There was an LPS (Lanterman-Petris-Short (LPS) Act) hearing that I attended," Henson Jr. explained.
"During that hearing, the doctor was allowed to say under oath that I said I could no longer take care of my mother. I never said that. In that court building, I raised my hand. The bailiff told me to be quiet. It's one of the best-kept secrets and one of the most terrible courts. When I was sitting in the courtroom, I did not know what the hearing was about. [After looking into it] I found that LPS is to put people on drugs. It's to allow psychiatrists to put people on drugs... "
Actually, LPS provides that only certain individuals, chiefly law enforcement officials, can place a person into involuntary hospitalization to initiate a 72-hour evaluation period, specifically excluding family or friends. Its two requirements for involuntary hospitalization are that the individual has a mental disorder and that as a result of that disorder the individual is a danger to self or gravely disabled.
"Gravely disabled is defined as an inability to take care of one's basic needs, such as food, clothing, or shelter," UC Berkley Institute of Government Studies scholar Fred Martin reported in 2000.
However, he said, the law does not define mental disorder nor does it define what constitutes danger. The patient-psychotic or not- goes before a judge or court-appointed hearing officer, who rules within the narrow confines of the law.
"After that doctor made that false statement, my mother was thrown into the hands of the Los Angeles Public Guardian conservators," said Henson Jr.
"My mother was at Colonial Nursing Home in Long Beach first. At that time she wasn't being given so many different drugs. She could walk on her own and she could talk. From there she went to Newport Beach, where I started noticing her change she was babbling a lot. From Newport she went to Clear View in Gardena. From Clear View she went to Royalwood.
Henson said she had been continuously reporting what she saw to the Public Guardian via phone, email, fax and writing but was consistently ignored. In fact, she said the only reason she felt anyone called her on January 31 was because they could not get in touch with her mother's guardian.
"If I knew what would happen to my mother four years later, believe me she could have walked on the ceiling in my house and it would have been okay with me."
Meanwhile Royalwood employees have neither confirmed nor denied any wrongdoing. The privacy rule of the Health Insurance Portability and Accountability Act (HIPAA) prohibits them, they said, of discussing any individual patient's case.
However, Royalwood spokesperson Melody Chatelle said she "absolutely does not believe any abuse occurred" at the facility.
"We take a lot of pride in the care we give our patients," she said.
"Anybody who believes that abuse has occurred is bound to report it to the Department of Health... and we welcome that."
For her part, Henson Jr. said she did report the bloody lip incident.
"When I got there, I see blood on the pillow, I see my mother in a frantic state," she recalled.
"I called the police. Two officers from the Torrance Police Department were there. They saw it. The police took a report. They gave it to Detective Steve Fletcher."
Fletcher was not available for comment at press time.
"[Fletcher] told me to call Adult Protective Services because it seemed like a case of elder abuse," Henson continued.
Elder abuse is defined as a single or repeated act (or lack of proper action) by a responsible individual, which causes harm or distress to an older person. It can take on many different forms, including physical, financial, and mental and neglect. Every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect, according to the American Psychological Association.
For every case of elder abuse and neglect reported to authorities, experts estimate that there may be as many as 5 cases not reported, they said. Research suggests elders who have been abused tend to die earlier than those who are not abused, even in the absence of chronic conditions or life threatening disease.
"There was no report accepted from APS so the way I put this together is that Department of Mental Health and the Public Conservators wash each other's hands. They're tied in together. They didn't take a report, even though the information was given to them."
APS was also not available for comment at press time.
Patricia, a representative of the Los Angeles County Public Guardian who declined to give her last name, said that there are a variety of reasons someone could be placed under conservatorship despite the fact that there are relatives willing to care for him or her.
"It could be that the relative doesn't understand the person's needs. It could be determined that the relative was found to not have a very good relationship with the person... when the court takes over, there's a reason," she said.
But Henson Jr. maintains she wants her mother back. She is already in the process, she said, of filing a lawsuit against the Public Guardian.
"They're like little gods. They're untouchable, that's their attitude... 'You don't tell me, I tell you. I ignore you as a family member, you don't tell us what to do.' This has damaged the life of my mother. Before January 31 she's never been frantic. She seems scared of anything that's happening to her now," said Henson Jr.
LAST UPDATED ( APR 05, 2007 AT 10:06 AM )

Assemblyman Jones,

We applaud your concern and your efforts to help the change the system, but please investigate our stories, and write new legislature that does not put more power into the Public Guardian's hands
.
The PUBLIC GUARDIAN'S OFFICE IS NOT THE ANSWER, IT IS A MAJOR PART OF THE PROBLEM!!!!!

Please read on....

Conservatorships can be sadly messy
Oakland Tribune, Aug 4, 2006 by Laura Ernde, STAFF WRITER

John "Jack" Donovan thought he was well-prepared for his twilight years.

The war veteran had planned to live out his retirement at his home in Daly City and had named two of his children to take care of his affairs if he couldn't.

But it all began to unravel about two years ago when his children, Bruce Donovan and Sherry Moser, had a falling out and San Mateo County officials stepped in to pick up the pieces, according to court records and family interviews.

In less than a year, the 81-year-old was moved from an assisted living home near Moser's house in Las Vegas, to Daly City, and then back to Moser's house.

After Donovan's children patched up their differences -- agreeing that their father should live at Moser's home -- San Mateo County officials refused to give up their hold on him.

Now it looks as if the county will sell Donovan's house and keep the proceeds, grim news that Moser does not want to deliver to her dad.

County officials declined to talk about the case, citing Donovan's privacy.

In general they said, it is often not easy to sort out right from wrong in family squabbles such as the one that set off Donovan's case.

Steve Osawa, who oversees the court investigators, said he and his staff do the best they can to figure out who has the best interest of the older person at heart.

When siblings are fighting, it is often best to place the decisions in the hands of a third party, he said.

Moser admits there was a time when her father needed the county to intervene.

Trouble started in August 2004, when Bruce Donovan brought his father back to Daly City from an assisted living home near Las Vegas without Moser's consent.

While the two siblings argued about who should have control, the county stepped in to manage Donovan's affairs. The court named the Public Guardian's office as his legal caretaker.

After being briefly hospitalized for a stroke, Donovan moved back into his Daly City house under the care of county-hired aide workers.

During the next few months, Donovan's health began to decline rapidly, according to his children.

They complained that the county-hired aide workers were not taking proper care of him.

Moser and her brother, who had reconciled, decided the best thing for their father was to move him back to Vegas into Moser's house.

They received a doctor's permission to move him, but they did not get the authority from the county, his legal guardian.

For that reason, the courts ruled that Moser could not be entrusted to care for her father.

"She has extremely poor judgment and showed a high disregard for the legal process and for the conservatee's health and safety," a lawyer appointed to represent Donovan wrote to the judge.

The family's attempts to convince the county otherwise have fallen on deaf ears, though they recently obtained a doctor's letter certifying that Donovan is competent to make his own decisions.

On a visit to Las Vegas several months ago by a San Mateo Times reporter, Donovan appeared to be happy living with Moser, her husband and their youngest son, Shane.

Donovan sleeps in the lower bunk of a bunk bed, on a rubber- covered elevated foam mattress. His walker and wheelchairare close at hand. There is a remote-control listening device installed next to the bed, and Moser says she listens to him snoring all night.

Although he speaks with some effort because of his physical limitations, his mind is alert.

"I like it here," he said, sitting comfortably in an easy chair with a blanket over his legs. "This is my home, my family."

When asked if he wanted to return to his home in Daly City, he emphatically shook his head no.

He goes to therapy, paid for by Moser since the county gives him a monthly allowance of only $100.

Moser says Donovan, who once never wanted to leave his home with its view of the Pacific Ocean, now lives in fear of being sent back.

He would like to be able to visit one day, which is why Moser has been pleading with them not to sell the home.

He bought it more than 40 years ago, and Moser estimates it is worth about $400,000, modest by San Mateo County standards.

A few months ago, county officials told her she would have to hire an attorney to retrieve the personal belongings she wants from his home, she said.

No one from the county has asked Donovan what he wants. They did not visit him when they came to Las Vegas to fight Moser's failed attempt to have the conservatorship transferred there, she said.

"Why is nobody asking him what he wants?" Moser wrote in an e- mail to the county. "Shouldn't he be able to ask for some of his own items? He can and does understand. And he wants the county to release him. He would beg you to -- if someone would just talk to him."
-------------------------

Our elected officials NEED to hear our stories, so that they can be truly informed.

I belong to an organization that has many ideas as to how the system could be changed for the better.

Please contact me at ravenrain11@yahoo.com for further information.

My horror story takes place in Nevada County, CA and involves my aunt and the person taking advantage of her is her own son and daughter-in-law. I am sickened by what they have done to her and how she is being treated. She fought as hard as she could, on her own and by herself to try and fight off the Conservatorship they were seeking. The judge granted the conservatorship before the paperwork had even been submitted to the court showing the detail of what had happened to her money and home. It is sad when a stranger takes advantage of an elder but it should be criminal when a child does it to a parent. I am trying to help her but I do not know where to go or what to do. She now has no money and the court appointed attorney who represented her was totally not affective in representing her.

My family's struggle has been ongoing for four years since my mother was initially diagnosed with dementia in 2003 and experienced a hemorrhagic stroke that caused bleeding in the brain in three places. My father had passed away before he could ensure that a durable power of attorney could be issued to me, so under the circumstances and after much research of then-available information, it seemed that the best way to protect her was through a conservatorship.

Without going into all the details, suffice it to say I and my family have encountered unbelievable obstacles; had our character questioned and, on occasion, besmirched; dealt with more than a handful of unscrupulous characters; and, like Don Quixote, battled the insane windmills that plague a seriously broken system.

In fact, I am now in the process of trying to make sense of the nonsense currently being perpetrated by a private conservator who, among other things, seems unable to return phone calls in a timely manner; won't deal with issues except during "normal business hours;" has been late in paying Mom's bills; allowed my mother's facility care policy to lapse; did not properly maintain my mother's car as requested - a vehicle which once was an asset and now is completely non-operational; and provided absolutely no notification that she was changing Mom's 8-hour shift care to live-in (a situation which not only was in noncompliance with state wage and overtime laws but took over two months to straighten out and plunged Mom into a depression). To date, she has not provided a copy of the inventory, appraisal or accounting to the family, even though she was appointed Jan. 10, 2006, and has been requested to produce this information on several different occasions. What's a person to do?

It's just so very heartrending and alarming that, here in the United States of America, there are so few checks and balances available to ensure the quality of life, liberty and pursuit of happiness of one of our most valuable and valued citizens - our seniors.

Reading all this is very depressing --- but there is a bright side. Despite all these well-founded horror stories, there are many many conservators who care, and are conscientious, honest, and fair. Some are family members and some are private professional conservators. Similarly there are many lawyers for which the same may be said.

We conservators are horrified by such stories as any decent person would be. On the other hand, it is sometimes hard to find cases sufficient to earn a reasonable living... to which decent conservators should be entitled.

Being a conservator is a challenging job with a lot of responsibility. Much progress toward making conservators professional has come from the Professional Fiduciary Association of California. But the criminal and greedy will avoid them.

I wish you the best - I do what I can.

"On the other hand, it is sometimes hard to find cases sufficient to earn a reasonable living... to which decent conservators should be entitled"

Dan, I am confused by that statement. Could you please explain what you meant?

Thanks

Well, after 2 1/2 years of fighting my moms conservatorship, I have given up. Not one lawyer in the entire state of California would help. Here I ended up on diversion for unlawful entry of my mothers home (which I have successfully completed!!!). That is what I get for being honest and trusting the system. My mothers case has not one legal aspect to it. There was no judicial reason to warrant an LPS Conservatorship. I was provided falsified court documents by this "public guardian", appearing to be officially filed documents. Stamped, signed, and filed. FALSIFIED!!! My mom lost her home, all of her belongings and now at 65 will live out her life in this secured facility for no legal reason whatsoever. Nobody gives a shit. I contacted every agency, organization, goverment official, and nobody would help. Because I don't have the $10,000 to pay for a retainer for a lawyer for her she is screwed. There is such a huge lawsuit that the media would have a field day with but nobody will take it. Nobody wants to take on a county agency. They are granted "immunities" is what I am continually told. The immunities don't apply when a county officer/agent/official intentionally or maliciously commits fraud or embezzles, etc. In fact because she is a county agent,i.e., she or he actually is punished more severely criminally then a private or professional conservator. The county is responsible for overseeing these people that are supposed qualified and experienced guardians. Nevada County was informed about this public guardian and yes they did terminate her but what good did that do for my mom? My mom now is so destroyed emotionally she will probably never be able to function. She is permanently emotionally damaged. She won't ever be the same or probably ever be able to live independent. What would you think would be enough compensation for losing everything to your name, being shoved in a secured facility, being forced to take medications and receive treatment you don't want, and for no known reason? We can talk about this shit all day but it isn't going to change what is happening right now. If my mom was wealthy or somebody she would of received better attention or assistance. Because she was low income she had no chance. It makes me sick daily to know she is sitting in there everyday and still cant figure out what the hell she did to be imprisoned.

Is there any newspaper in CA that has reported on CA public (county) guardians forcing guardianships on the elderly? I know there have been articles about private conservator scams, but what about county conservator abuses? Forced guardianships open the door to forced hospice and forced drugging. Baby boomers beware. Thank you for allowing posts on this important topic.

My younger sister has been taken in under several public guardianships as an adult. No notice is sent with all her direct blood realitives listed and some who arn't even related get notice and now even the dead. Help, it's so unjust and so unfair to take advantage of families and the mentally impaired both. This recently came from the Fresno County Public Gaurdian office a notice to settle her estate from 1999-2000. Under conservatorship she has been sexually abused by male nurses, physically assaulted by foul mouthed employees and other confined individuals while under their charge. At so called safe care hospitals (the conservator has all control) and the doctors let her thyroid be distroyed in their care. The conservator was made aware and did nothing.
The thugs just take money like SSI and then she is sent out with 4O.OO cash and rob her bank account leaving her the amount of 37.00. Yes, she gets her SSA restarted and had to repay 5 months back to SSI from her check. And lost her housing and had to deal with a court action. The animals in shelters get better treated than humans in the current system and it's so so sad! My heart goes out to all who have similar posts. It's just a free ride system with no checks and balance as to the care of human life. We need laws that'll pay these people to get some of their dignity back without time limits. She's hurt and so are the families who've been denied their rights by PUBLIC GAURDIAN mistakes.

Gov. Arnold Schwarzenegger Friday signed into law a $145 billion budget for FY 2007-2008, but not before using his line-item veto power to cut $700 million, including $17.377 million that would have implemented conservatorship reforms approved by lawmakers last year.

“It is my intention for the Judicial Branch to delay implementation of the [Omnibus Conservatorship and Guardianship Reform] Act until the 2008-09 fiscal year,” the governor explained in his veto message.

Court officials consider the cut “devastating,” their chief lobbyist told the MetNews.

http://www.metnews.com/articles/2007/budg082707.htm

I have been researching the Fresno County Public Guardians office for years. One of there Deputy Public Guardian owns over 3 million dollars in Real Estate all purchased at 50% of there value. Some were conservatee's properties.

The Judge, the counties attorney and the public guardians office has there own agenda. Have you ever noticed the poor homeless elderly on the street. Why doesn't the county pick them up and place them in a home? That's easy-they have no money.

I have friends where the county public guardian encouraged the elderly father to appoint a bank as trustee. Now the father has passed. The Trustee a bank has sold all the farm equipment and leases agriculture land (oranges-lemons) to a packing co. THe children have not received a dime of there family farm, that they are the beneficiaries of.

A trustee by law is suppose to represent the beneficiaries. There has been no accounting shown to the family. How can it be legal to take land.

I also have a friend that was taken by force by the public guardians office. And I do mean force. The Deputy called a locksmith and broke into the home. He is now in a secured perimeter environment, Isolation, no phone. Visitors have gotten in occasionally if the owner of the home is not there. This mans eyes are blue, after a friend visited the elderly gentleman I asked what color his eyes were. There answer was brown. His pupils were so dilated they covered the color of his eyes.

My question? Why is the legal system allowed to continue to break the law. How much longer are we going to allow it. The system is corrupt and there is nothing we can do. Or can we. We went into Vietnam and took our soldiers back. Isn't it now time we take our elderly back. Why should we allow the judges, attorneys and county offices to break the law. But we can't do the right thing to free our family members and retain the property we justly own. How about national free our elderly day?

Paulette and others, please contact me at guardianshipvictims@yahoo.com. I would like to put you in touch with others that are experiencing similar problems with the Fresno Public Guardian. Perhaps together, you can get your voices heard.

"When yacht owners are preferred over the aged and homeless, the bottom line is we've sunk too low."

A series of Times stories in 2005 revealed one shocking instance after another of conservators -- appointed by courts to protect the elderly and infirm -- using their positions of trust to instead exploit their often defenseless wards. The darkest possible nightmare for many aging Californians was coming true as they lost their property and their freedom to professional guardians with virtually unsupervised power. A series of legislative hearings forced Sacramento to confront the issue, and Schwarzenegger with great fanfare signed into law reforms to allow the courts to finally oversee the conservatorship industry.

The cost? A modest $17.4 million. But the governor last week zeroed out every penny of it. He left senior citizens to abide another year of abuse and told them, in effect, to wait to see whether they rate higher on his priority list next year.

http://www.latimes.com/news/printedition/asection/la-ed-budget28aug28,1,5914666.story?coll=la-news-a_section

Brothers and Sisters dispersed around this part of the globe:

I appeared before a probate judge in LA County Superior Court three times in improving stages of preparation on a Pro Per filing for Conservatorship for my invalided wife of many years, who suffers from advanced dementia.

This court was held in the place called the "Hall of Freedom". I seem to remember taking a hit to preserve this and other institutions...

I am not a stupid person, however, I am imperfect for sure. I am well intended, as friends and family can attest to my ability to care for wife and still do some justice serving the public.

My observations are that our probate courts are so excessively protective of the Bar Association members and the assumed "right" of attorneys to make a living that the judge acts almost exclusively on the recommendation of the court administrator (attorney) and the required court appointed PVP attorney.

The phrase "not allowed to provide legal advice" means that they do not issue organized lists of process or timely and organized notices of dates and times of appearance. In otherwords the phrase is used to protect the court from use and practices of good adminstrative practices and from distributing an organized instruction of the structured and approved process of filing. Hence, they recommend the need for using and attorney even when there is not a contest to the filing and every possible level of measure of integrity has been met by the applicants.

I found the court assembly of paperwork was not up to date, the applicant was not issued reports by the PVP attorney and the PVP attorney did not even appear at the last hearing and made statements forcing the issue to another court in another jurisdiction. It may be that the judge did not even have current documents.

Thus, I observe that this probate system seems to function like one would expect of one that is dominated by a culture of corruption where service to honest people is not a service goal or principal to uphold.

The probate system appears to funcition like a guild with a monopoly on clients and a stranglehold on process. The attorneys and servants of the court exist not to protect the conservatee, but to maximize charges to the estate for benefit of members of the bar.

The judge repeatedly read from the previous months testimony and was dependant on records that were not up to date. It was obvious that obtaining the goal to administer care was not served by the court in our situation. Someone is said that it was sensed that some expensive dining was to occur at anothers expense.

Nottingham's temprorary administrator 'who would be king' and his evil sheriff did to Little John and the Merry Little men of the region; driving them to forest, but they were unable to do much more damage when united by Robin Hood. And, in the movie version at least, the bad guys have been unable to steel the bride.

It is time to make it illegal to belong to the California Bar, and for the court system to be taken back by the people. The people can find some other way to improve the integrity of those practicing law.

Judges need to be held accountable for the system they have created as well as to the perfomance of the attorneys they allow to practice before them.

King Solomon

Dear Everybody,
I am one of Califorinas' conservatorship victims.
I was born disabled, however the mental abuse from my conservatorship far outweights my physical disabilities.
All your positive comments have been a ray of light in an otherwise dark world. How I have survived this injustice I do not know, but if any of you can point me in the right direction it would be appreciated.
Thank you,
Stevie

What a crying shame.

"Only hours before it would become law, Governor Arnold Schwarzenegger vetoed AB 399, a popular assembly bill that would have required the California Department of Public Health to complete investigations of nursing home neglect and abuse complaints within reasonable time limits and to notify complainants of findings.

According to the California Advocates of Nursing Home Reform (CANHR), abuse and neglect have reached crisis proportions in California nursing homes."

http://sandiegocounty.injuryboard.com/nursing-home-elder-abuse-and-neglect/bill-to-protect-nursing-home-abuse-victims-vetoed.php?googleid=12571

Have been through it all for the past six years, with the Mental (Health??) System and it's Conservators.
While in a Board and Care in San Bernardino County, they
(the Conservator) failed to pay my son his $50.00 allowance for small items he needed. With a lot of complaining they finally put the funds into his account four months later. Immediately, the Board and Care removed the monies and charged it to excessive cigarette purchases.
I complained to the local Ombudsman, which was a joke, as he is best friends with the Social Worker at the the Board and Care facility. I complained to Protection and Advocacy they dismissed any problems. Complained to his Conservator and Social Worker and they said I was lying. Got so angry I finally wrote Dept. of Health Licensing, and they turned out to be the Protection and Advocacy people who dismissed my complaints. Seems like they are all part of one Club. How on earth do we clear up this fraud being put on all of us??

My brother is abusing his rights as my Mother's conservator. He has told me that he doesn't Love her and that he wants what money is his - straight up. However, in the public eye, he brings up that I stole 30,000 from my mother. (My Mom gifted me $30,000 from my father's estate when he passed away to help me buy a house). Mom has plenty of money to take care of her in a comfortable manner and I'm willing to take over her care right now - but, also when the savings account that he has runs out...Thereby, returning the gift...but absoluetly not while he is in charge. My brother has turned over all personal dealings with my Mom to his wife. She has never liked my Mom either. They never visit. Mom is an hour away and an hour back. I'm the only one who brings her home with me to stay. I have to drive there and back = twice. Now, they've moved her three times in three years. Every place they've moved her to winds up ready to cry "abuse" - they've talked to me. Not physical (yet) but mental and emotional. My brother has not filed any of the required paperwork. They have allienated every person on the "notification" list next-of-kin. I have alerted the Investigator at the Fresno County Courts that was appointed to my Mom. Third party guardianship was mentioned. After reading this article, I'm scared. Does my stepping up and calling attention to this travesty put my Mother in even more danger? HELP me now before we become a statistic!!!

I,too, had a hard time finding an attorney with guts to go against the corrupt attorneys in Probate Court that are guilty of physical and financial abuse of both conservatee and their families. I found Kim Hickman in Sacramento and also Cathy Druliner. When you put information on line, you need to mention the area you live in. That is the only way you can expect others to help you. I live in Sacramento and spent much time and energy but finally located these two attorneys. I'm sharing this information but at the same time, I want to say I do not guarantee these attorneys will take your case. You can only try. Good luck.
Jamie

It all started with my mother getting ill. My brothers wanted nothing to do with her for years, until she was placed in a facility. My mother was diagnosed with Dementia and one of my brothers decided this was a good time to take over. He worked up documents to be Power of Attorney, and them proceeded to take money out of accounts, attempted to open a safe deposit box, and steal her house(documents are in question with the notary), all of which I am joint on.
I then got my attorney to start a suit for senior abuse and stopped the raid on her assets.
He then got the assistance of a doctor who stated that she did not have dementia, and got an attorney to be retained by my mother to sue me for senior abuse (remember she has dememtia). My mother even did a deposition that she stated that she did not understand why her daughter was suing her ( it was her that brought the lawsuit) and when told it was her suing the daughter she said she would never do that, and that the attorney with her was in fact my brothers (on paper it was her attroney). As time went on and assets were slowly disappearing my attorney and I went to the courts to get a conservator appointed. My brother did the petition in hope that the court would appoint him the conservator. He failed with the judge and the court appointed a third party.
We are now a year into the conservatorship and three years in court cases, with attorneys representing each and every person,
My brother -2, myself-2, conservator-2, mother-2,notary-1, working in two separate courts, and legal fees in the six figures. The conservator and her attorney are now up to getting paid for their year of services and now have a new plan to take over the estate and charge rediculous fees for their services. Keep in mind that my mother is still alive. Althought the courts have appointed a attorney for my mother through the courts, I do not see that person stainding up against others that were appointed from the same court as she was. This is one big mess and something mhas to be done to stop the misuse of out judicial system, hopefully before I am a senior and this brother tries to get me. I would have never thought that so many professionals (doctors, attorneys, notaries) would think that crime pays...All I want is to go to trial and have these professionals held accountable. Everyone needs to wake up to the fact that no one is safe as long as we have a crook with a scheme and noone to stop them.

In 2005, my sisters secretly took my mother to an elder law attorney and obtained a Durable Power of Attorney, Health care proxy, living will with them as agents. They put the family home in a trust and had my mother make her will. They had her transfer all her money to accounts in their names.

On Christmas Eve in 2006, my mother was abducted from the only home she has known for half a century. She was taken away from the people and things she loves under false pretences by my sisters. They told her she was going to get physical therapy to strengthen her weak legs, and to do everything the facility said, otherwise Medicaid would not pay for the therapy.

At first they took her to the hospital and then kept transferring her to different nursing facilities where they were drugging her with so many drugs that she could not lift up her own head and became so weak that she was unable to walk and talk and is now permanently in a wheelchair.

I filed a Writ of Habeas Corpus to get her out of the nursing facility but my sisters filed a guardianship Petition, and instead of bringing her home, the judge appointed a temporary guardian to put her at my sisters house because my sisters said in the petition that I abused my mother (we lived in the same house for 27 years). These allegations are false and at first devastated me. However, I later found that such accusations are a common pattern in guardianships because the goal in such a proceeding is not the person’s best interest, but rather it is about how unscrupulous people get the most money out of the estate. I was never given the opportunity to present any evidence or cross examine my sisters.

Instead, my mother is being still being held incommunicado at my sister’s home in Brooklyn in a wheel chair, with no phone in her room, no money to call a cab or cry out for help. And what can she do about it?

It is more evil and sad than you could ever imagine. It is emotional torture for both me and my mother who told everyone she wants to go home to see her dog, and to die in familiar surroundings. I have not seen or talked to her for since March 2007 and cry myself to sleep wondering how she must be feeling about the daughters she trusted who have betrayed her. And I wonder if she thinks I let her down.

My sisters filed the guardianship Petition asking to be able to put my mother into a nursing facility for good, and to be able to evict me from the family home and sell it. All of this is against my mother’s verbal and written wishes.

Feel free to call me anytime: Annie McKenna, 631 549-5665, friday@optonline.net

You can see my YouTube videos if you search for: NASGA

In 2005, my sisters secretly took my mother to an elder law attorney and obtained a Durable Power of Attorney, Health care proxy, living will with them as agents. They put the family home in a trust and had my mother make her will. They had her transfer all her money to accounts in their names.

On Christmas Eve in 2006, my mother was abducted from the only home she has known for half a century. She was taken away from the people and things she loves under false pretences by my sisters. They told her she was going to get physical therapy to strengthen her weak legs, and to do everything the facility said, otherwise Medicaid would not pay for the therapy.

At first they took her to the hospital and then kept transferring her to different nursing facilities where they were drugging her with so many drugs that she could not lift up her own head and became so weak that she was unable to walk and talk and is now permanently in a wheelchair.

I filed a Writ of Habeas Corpus to get her out of the nursing facility but my sisters filed a guardianship Petition, and instead of bringing her home, the judge appointed a temporary guardian to put her at my sisters house because my sisters said in the petition that I abused my mother (we lived in the same house for 27 years). These allegations are false and at first devastated me. However, I later found that such accusations are a common pattern in guardianships because the goal in such a proceeding is not the person’s best interest, but rather it is about how unscrupulous people get the most money out of the estate. I was never given the opportunity to present any evidence or cross examine my sisters.

Instead, my mother is being still being held incommunicado at my sister’s home in Brooklyn in a wheel chair, with no phone in her room, no money to call a cab or cry out for help. And what can she do about it?

It is more evil and sad than you could ever imagine. It is emotional torture for both me and my mother who told everyone she wants to go home to see her dog, and to die in familiar surroundings. I have not seen or talked to her for since March 2007 and cry myself to sleep wondering how she must be feeling about the daughters she trusted who have betrayed her. And I wonder if she thinks I let her down.

My sisters filed the guardianship Petition asking to be able to put my mother into a nursing facility for good, and to be able to evict me from the family home and sell it. All of this is against my mother’s verbal and written wishes.

Feel free to call me anytime: Annie McKenna, 631 549-5665, friday@optonline.net

You can see my YouTube videos if you search for: NASGA

How DARE the some barricaded bureacrats who don't know shite about family members presume to make decisions whether or not someone is a competent guardian! These people are morons. For example, I have a severely disabled daughter who does not speak and has the mind of an infant. Yet, every year some yahoo from the courts comes out and tries to "chat" with her. Meanwhile, my daughter is staring at the wall, twirling her fingers and making loud shieks (she's autistic). That doesn't stop the freak system however, from coming out year after year to see if I, the one who has been caring for her for 26 years!!!!! am "okay" to be her conservator. Get the hell outta here you weirdos. Is this system for friggin real? What a joke. These strangers who waltz in and think they're doing an investigation are about as useless as tits on a bull. They wouldn't know the first thing about what's right for a person if it pulled down their pants and slapped in the fanny. I'm so sick of these misquided fools who walk into your lives and do drive by analysis and think they are really helping. You know how to help> Get the f out.

How DARE the some barricaded bureacrats who don't know shite about family members presume to make decisions whether or not someone is a competent guardian! These people are morons. For example, I have a severely disabled daughter who does not speak and has the mind of an infant. Yet, every year some yahoo from the courts comes out and tries to "chat" with her. Meanwhile, my daughter is staring at the wall, twirling her fingers and making loud shieks (she's autistic). That doesn't stop the freak system however, from coming out year after year to see if I, the one who has been caring for her for 26 years!!!!! am "okay" to be her conservator. Get the hell outta here you weirdos. Is this system for friggin real? What a joke. These strangers who waltz in and think they're doing an investigation are about as useless as tits on a bull. They wouldn't know the first thing about what's right for a person if it pulled down their pants and slapped in the fanny. I'm so sick of these misquided fools who walk into your lives and do drive by analysis and think they are really helping. You know how to help> Leave families alone. Anyone with an adult child that has the cognitive abiltilty under the age of 13, should be EXEMPT from having to pay a lawyer and get conservatorship over a child that is a FOREVER child. How dare these people think they know what's best for adult disabled children, when a family has been caring for them for 18 years before they start poking around and don't know or understand the situation. It is DANGEROUS to have outsiders try and understand complex situations regarding adult disabled children who are always children. AMEND the law.

I, my father and my girlfriend are also victims of BS fiduciary/conservator/blind or paid off probate courts. It started in July of 08. After my sister ripped off my dad for over 1/2 a million dollars I moved in to his res. to save and rebuild his estate. I was immediately made POA and co-trustee for my father and his estate by his lawyer. After 2 years of caring for my father and fixing his broken estate my sister filed for a private fiduciary to be his conservator. This conservator, Carolyn Young, sided with my sister even though she was given information showing that she ripped off my dad for 1/2 a mil hdopen elder abuse case on her for over 2 years. Just like most of these stories, our lives turned into an unbelievable horror story. At first I deffinately thought that there would be no way we would lose in court with the mountain of evidance we had against my sister and Carolyn Young. Carolyn Young was even on the news for obviously ripping off another forced conservatee but still nothing is done. http://www.youtube.com/watch?v=ar1muHochvo . Now after doing research into the matter I find this and other similar outcries by dozens of victims in the same or worse situations. What the hell are we supposed to do?! These people prey on the elderly, drain them dry, over and over, and the courts side with these crooks. Land of the free? Not any more. ANYONE over 60 is at risk of being stripped of their rights and EVERYTHING they have worked their entire lives to build. What the hell do we do next? ammonscf@msn.com

I have watched this scenario played out with my own parent, whom a sibling put in an alzheimer facility and then they filed for conservatorship, lying about our parent having alzheimer's, which they didn't. When the other siblings did not want this sibling taking conservatorship, the court then appointed a disinterested third party conservator. Then the nightmare begins... apparently, the conservators, the doctors, the lawyers, judges, the police, rest homes etc. are all in this money racket together and they just get each other to fill out the proper paperwork to accomplish what they want to do, which is... go through the elderly person's money, put them on drugs, more drugs, psychotropic drugs, which in combination destroy the persons body, then they put them in a rest home, allow their house to deteriorate, let the yard fill up with weeds, sell their house (if you let them),mess up their mind and emotions, keep family members away (if you let them), steal antiques, family heirloom's, art, jewelry, anything they want, then your loved one will die because they give up the will to live in this treacherous condition. All I can say is that this is a corrupt system, and it is very costly to fight it, because you have to hire a lawyer (make sure this person will win for you), you can file your own papers in the court on legal numbered paper that you get from the court, if you want,and you must pay a filing fee of $100-$200, write it as a lawyer would write, check a legal document to see how to write it, call you governor, fax your governor to let them know what is going on in your city and county, call the adult protective services, call the district attorney, call the senior services in your area, call the attorney general, call everyone you can think of as often as you need to, but do not give up! Be creative, be active to remove these people from your lives, because they are like vampires drinking the life out of you! I hope this helps.

Having been through this nightmare of a system as the husband of a client I can tell you that havingan advance directive in place is of no help at all. The attending staff does,nt recognize it if it is,nt updated at every single addmission. R.C.M.H.I.T.F. is now under such pressure to move bodies through the 5150 bottleneck that a client entering the system is liable to end up anywhere in CA. that has a bed. With no notification of the clients transfer, and the stifling effect of the "release of information" rules it makes it infurreiating just trying to find my wife much less visit her when I do finally find her. But don,t give up on your people, they have nobody else to advocate for them. I am a former R.C.M.H. Advisory Board member and I am really worried about the future of M.H. services in CA.

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