American Public Health Association on elder abuse in Monterey, California
November 27, 2013
The American Public Health Association annual conference draws public health experts from around the country. In November 2013, about 13,000 public health researchers, practitioners, and policy makers met in Boston to discuss best practices. Attendees discussed formation of a Special Primary Interest Group (SPIG) to address civil rights and violations of rights in conservatorship.
A session titled Civil Rights: Pursuit of Life, Liberty, and Happiness into the Golden Years? discussed abusive conservatorships in California. Margarita Zelada and her case history were the center of attention.
In September 2012, the Monterey County Public Guardian seized Margarita’s $9K/month income and $1.5M estate. She was left destitute and unable to provide for her basic needs.
On March 9, 2013, the Public Guardian seized Margarita’s person as well. Witnesses tell of a night of terror when Margarita was dragged from her daughter’s home screaming for help.
According to neighbor and private duty nurse Tara Robinson, ten Pacific Grove police officers stormed the home with guns drawn and leveled at Margarita’s daughter, Patricia Conklin. The officers dragged Margarita from her bed, rolled her in a sheet, strapped her to a gurney, and carried her to a waiting ambulance.
The nurse said Margarita’s screams were the most horrible sounds she ever heard. Officers admitted they had no warrant to enter the home or seize Margarita. Pacific Grove police reports indicate the siege was the result of allegations by Deputy Public Guardian Jennifer Empasis.
Empasis petitioned the court for conservatorship of Margarita’s person. Margarita was denied her right to attend her conservatorship hearing and contest the proceedings. The court transcript shows that Margarita’s court appointed counsel Chris Campbell suppressed crucial evidence and opposed Margarita’s rights. Margarita’s family said they were excluded from participating in the proceedings.
Empasis keeps Margarita unlawfully confined and isolated at Senior Paradise in Del Rey Oaks. Administrator Margaret Camara said Empasis gave instructions to call the police if anyone asked to visit Margarita.
Assembly Bill 937 (2013) was enacted to curb abuses like those perpetrated by Empasis. The bill clarifies that conservatees retain the right to have visitors, phone calls, and personal mail. Only a court can limit constitutional rights.
In an effort to circumvent AB 937 and legitimize Empasis’ abusive practices, Deputy County Counsel Cathleen Giovannini sought and obtained a court order to strip Margarita of her rights. Giovannini’s motion contained extensive misinformation concerning residents’ rights, conservatees’ rights, and the legislative intent of AB 937. A witness at the hearing reported that Giovannini also made false statements to the court.
As of November 20, 2013, the Public Guardian has authority to deny Margarita all contact with the outside world. Margarita is isolated from loved ones, friends, and advocates who would make her wishes known. Every aspect of her life is controlled by the abusive Public Guardian and facility administrator.
The Public Guardian and County Counsel report to the Board of Supervisors. Readers may direct comments and concerns to the Board at the following email addresses.
Monterey County Board of Supervisors
District 1: Fernando Armenta, district1@co.monterey.ca.us
District 2: Louis R. Calcagno, district2@co.monterey.ca.us
District 3: Simón Salinas, district3@co.monterey.ca.us
District 4: Jane Parker, district4@co.monterey.ca.us
District 5: Dave Potter, district5@co.monterey.ca.us
A session titled Civil Rights: Pursuit of Life, Liberty, and Happiness into the Golden Years? discussed abusive conservatorships in California. Margarita Zelada and her case history were the center of attention.
In September 2012, the Monterey County Public Guardian seized Margarita’s $9K/month income and $1.5M estate. She was left destitute and unable to provide for her basic needs.
On March 9, 2013, the Public Guardian seized Margarita’s person as well. Witnesses tell of a night of terror when Margarita was dragged from her daughter’s home screaming for help.
According to neighbor and private duty nurse Tara Robinson, ten Pacific Grove police officers stormed the home with guns drawn and leveled at Margarita’s daughter, Patricia Conklin. The officers dragged Margarita from her bed, rolled her in a sheet, strapped her to a gurney, and carried her to a waiting ambulance.
The nurse said Margarita’s screams were the most horrible sounds she ever heard. Officers admitted they had no warrant to enter the home or seize Margarita. Pacific Grove police reports indicate the siege was the result of allegations by Deputy Public Guardian Jennifer Empasis.
Empasis petitioned the court for conservatorship of Margarita’s person. Margarita was denied her right to attend her conservatorship hearing and contest the proceedings. The court transcript shows that Margarita’s court appointed counsel Chris Campbell suppressed crucial evidence and opposed Margarita’s rights. Margarita’s family said they were excluded from participating in the proceedings.
Empasis keeps Margarita unlawfully confined and isolated at Senior Paradise in Del Rey Oaks. Administrator Margaret Camara said Empasis gave instructions to call the police if anyone asked to visit Margarita.
Assembly Bill 937 (2013) was enacted to curb abuses like those perpetrated by Empasis. The bill clarifies that conservatees retain the right to have visitors, phone calls, and personal mail. Only a court can limit constitutional rights.
In an effort to circumvent AB 937 and legitimize Empasis’ abusive practices, Deputy County Counsel Cathleen Giovannini sought and obtained a court order to strip Margarita of her rights. Giovannini’s motion contained extensive misinformation concerning residents’ rights, conservatees’ rights, and the legislative intent of AB 937. A witness at the hearing reported that Giovannini also made false statements to the court.
As of November 20, 2013, the Public Guardian has authority to deny Margarita all contact with the outside world. Margarita is isolated from loved ones, friends, and advocates who would make her wishes known. Every aspect of her life is controlled by the abusive Public Guardian and facility administrator.
The Public Guardian and County Counsel report to the Board of Supervisors. Readers may direct comments and concerns to the Board at the following email addresses.
Monterey County Board of Supervisors
District 1: Fernando Armenta, district1@co.monterey.ca.us
District 2: Louis R. Calcagno, district2@co.monterey.ca.us
District 3: Simón Salinas, district3@co.monterey.ca.us
District 4: Jane Parker, district4@co.monterey.ca.us
District 5: Dave Potter, district5@co.monterey.ca.us
