Monday, November 18, 2013

Linda Kincaid Reports: Elder abuse by Monterey County Public Guardian: Evidence suppressed

Linda Kincaid Reports: Elder abuse by Monterey County Public Guardian: Evidence suppressed

San Francisco resident Margarita Zelada had an accidental fall while visiting her daughter in Pacific Grove, California. The Monterey County Public Guardian used the accident to seize control of Margarita and unlawfully isolate her from loved ones.

On November 11, 2013, this Examiner sent the following email to Senior Deputy Public Guardian Teri Scarlett.
Ms. Scarlett, 
Improperly suppressed evidence requires your immediate attention. A report with additional information will be released later in the week. 
Monterey County Deputy Public Guardian Jennifer Empasis alleged that Patricia Conklin financially abused her mother, Margarita Zelada. Ms. Zelada clearly stated that Ms. Conklin did not abuse her in any way. After months of investigation, Ms. Empasis did not identify any financial abuse. However, Ms. Empasis refused to terminate the conservatorship of Ms. Zelada’s estate. 
Please see December 13, 2012 video of Ms. Zelada on YouTube.
http://youtu.be/RoPe8hkNGFA 
Ms. Empasis escalated her allegations to include physical abuse after Ms. Zelada experienced an accidental fall on March 1, 2013. The attached March 29, 2013 letter from Ms. Zelada’s court appointed attorney Chris Campbell states: 
My client is adamant that she does not hold her daughter responsible for this injury and that she has no desire to see her daughter prosecuted. She has been clear about this ever since I first saw her in the hospital one day after the injury. My client and her daughter have an extraordinarily close relationship, and they have lived together for many years; Patricia is Mrs. Zelada’s only child, and Mrs. Zelada has no other family in this country. There is no one in the world more important to Mrs. Zelada than her daughter, and the fact that Mrs. Zelada has been unable to see Patricia since she was taken into custody has been a devastating blow to her.
The above video and letter were not presented at Ms. Zelada’s general conservatorship hearing, nor were they presented at Ms. Conklin’s criminal trial. It is my understanding that additional similar videos exist on personal electronics that Ms. Empasis removed from Ms. Conklin’s home on March 25, 2013. Those items have not been returned to Ms. Conklin.
Please forward this evidence to the District Attorney for immediate review. Please file a petition to terminate the conservatorship of Margarita Zelada no later than Friday, November 15, 2013.
Thank you for your prompt attention to this matter.
Linda Kincaid, MPH

Full Article and Source:
Elder abuse by Monterey County Public Guardian: Evidence suppressed

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