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Our mission is to expose and remedy corruption in the Probate Court of Cook County, Illinois. We assist, educate and enlighten families of the dead, the dying, the disabled and the aged to better understand their rights in order to protect themselves from the excesses of the Probate Court of Cook County. ProbateSharks.com is dedicated to networking the human element of people to people. We join together in reforming the corrupt Cook County Probate Court system.

Showing posts with label Linda Kincaid. Show all posts

Monday, September 8, 2014

Linda Kincaid Reports: California Attorney General Kamala Harris Ignores Heinous Elder Abuse

AG Kamala Harris

In June 2011, the family of Alzheimer’s patient Carol Hahn begged for help from Attorney General Kamala Harris. Family reported two individuals from Riverside based financial services firm Leivas Associates forced entry into Carol’s home, removed her from her home, and hid her from family.

Reports from San Bernardino County Sheriff’s Department and records from San Bernardino County Court (CONDS100023) from 2010 establish that Carol’s step-granddaughter placed Carol at assisted living facility Wildwood Canyon Villa. The step-granddaughter instructed Wildwood to prevent Carol having visitors or phone calls. Carol was isolated from loved ones for fifteen months. With assistance from Riverside attorney Jaxon Miller, the step-granddaughter seized control of Carol’s entire $1M estate.

Attorney General Kamala Harris refused to investigate. In August 2014, Carol’s family submitted thousands of pages of evidence obtained through civil discovery.

The documents substantiated aggravated kidnapping, false imprisonment, isolation, physical restraint, chemical restraint, neglect, financial abuse, and indicators of sexual abuse.

Vincent DiCarlo of the Attorney General’s office again refused to investigate.

Full Article and Source:
California Attorney General Kamala Harris ignores heinous elder abuse

See Also:
NASGA: Carol Hahn, California Victim

Tuesday, August 19, 2014

Elder abuse: California assisted living citations online

August 12, 2014

Community Care Licensing (CCL), the agency responsible for overseeing California’s assisted living facilities, received intense criticism in past years. Allegations included negligence, incompetence, and corruption.
On February 11, 2014, California’s Human Services Committee held a joint hearing on deficiencies in assisted living facilities and lack of oversight by CCL. Department of Social Services Director Will Lightbourne acknowledged many shortcomings in his department. Elder rights advocates remember Lightbourne for his opposition to a resident’s personal rights in 2012.
A Licensing Program Analyst (LPA) in San Diego County admitted taking bribes from a Ambassador Senior Retreat.
An LPA in San Bernardino County cited Wildwood Canyon Villa for violating a resident’s right to visitation, an offense that constitutes criminal elder abuse. Then the LPA cleared the citation without requiring a correction. Wildwood unlawfully isolated the victim for another year after the citation. The LPA ignored subsequent complaints to CCL.
The San Bernardino County LPA reviewed facility records that substantiated Wildwood Canyon Villa violated a resident’s right to phone calls, another offense that constitutes criminal elder abuse. The LPA stated that she did not issue a citation because her manager had not instructed her to investigate that particular violation.
The same LPA reported in early 2010 that Wildwood Canyon Villa placed some residents’ mattresses directly on the floor, which is a violation of licensing regulations. The LPA did not cite the violation until late 2011, after CCL received a number of complaints about the ongoing violation.
Until recently, the only way to obtain information on facilities with numerous violatations was to go in person to the local CCL office and review the paper files. In some cases, CCL offices required the public to make appointments up to a week in advance.
An outcome of the February 2014 hearing is a searchable online database of facility citations. Searching on Wildwood Canyon Villa returns a list of complaints filed against the facility since 2010.
Click on the Complaints tab to see dates of facility visits in response to complaints.

01/21/2014, 01/21/2014, 08/01/2013, 07/31/2013, 07/31/2013, 07/31/2013, 03/20/2013, 03/04/2013, 12/17/2012, 12/06/2012, 12/06/2012, 12/06/2012, 12/06/2012, 12/06/2012, 12/05/2012, 10/08/2012, 10/08/2012, 10/08/2012, 10/08/2012, 08/22/2012, 08/22/2012, 08/22/2012, 06/22/2012, 06/15/2012, 06/15/2012, 06/15/2012, 05/08/2012, 05/08/2012, 05/08/2012, 05/08/2012, 04/10/2012, 04/02/2012, 04/02/2012, 03/22/2012, 02/27/2012, 02/27/2012, 11/08/2011, 09/22/2011, 08/26/2011, 02/18/2011, 02/03/2011, 09/27/2010, 07/13/2010, 07/09/2010

The Complaints tab also gives a list of citations and type of citation.

Complaint Allegations:
- # Substantiated:
13
- # Inconclusive:
10
- # Unfounded:
34
Type A Citation:
8
Type B Citation:
5

What is a Type A Citation?
It is for the most serious type of violations in which there is an immediate risk to the health, safety or personal rights of those in care. Examples may include lack of care or supervision, access to open bodies of water, lack of a fire clearance for the building and access to dangerous chemicals.

What is a Type B Citation?
A Type B citation is for a violation that, if not corrected, may become an immediate risk to the health, safety or personal rights of clients. Examples include faulty medical record keeping and lack of adequate staff training.

At present, concerned members of the public are still required to visit the CCL office in person and review the paper file for information on the specific violations. CCL plans to provide more information on line at some future date.

Monday, June 23, 2014

Assisted living trade association opposes AB 2171 to curb elder abuse

June 19, 2014

On Tuesday, June 24, 2014, California’s Senate Judiciary Committee will vote on AB 2171 for a Resident’s Bill of Rights in assisted living. Elder advocates strongly support the Bill of Rights to clarify that residents have the right to visitation, phone calls, and mail.
Senate Judiciary Committee

Assisted living facilities and their trade association strongly oppose the Bill of Rights.

The California Assisted Living Association (CALA) is the only association solely representing Assisted Living providers throughout the state.

CALA represents over 460 Assisted Living communities and more than 100 associated businesses.

CALA’s website ignores that rights of residents are often violated by their member facilities. This Examiner covered stories of residents imprisoned and unlawfully isolated for years in assisted living facilities. Those residents may be subject to many other forms of abuse while denied contact with loved ones.

In San Bernardino County, Jean Swope was imprisoned and isolated for over a year.
In Santa Clara County, Gisela Riordan was imprisoned and isolated for over two years.
In Monterey County, Margarita Zelada has been imprisoned and isolated since March 2013.

CALA refers to efforts to secure the rights of elders as “frivolous lawsuits.” The trade association represents a very lucrative industry that is vehemently opposed to the Bill of Rights and the accountability it could provide.

AB 2171 is a bill that only serves to promote frivolous lawsuits and pad the pockets of lawyers. This bill barely passed the Assembly Floor with 42 votes (20 “no” and 17 “not voting” or “abstained”) and will soon be heard in the Senate. This trial lawyer bill is also supported by labor. CALA and a growing coalition of opponents are working aggressively to defeat this blatant attempt to set Assisted Living up as a lawsuit generator. Thank you to all CALA members who contacted their Assemblymember urging a “NO” vote! Your help will be needed again as the bill moves through the Senate.

The Coalition for Elder & Dependent Adult Rights (CEDAR) responded with the following letter of support for AB 2171.

RE: Please support Assembly Bill 2171
Opponents of AB 2172 raise the specter of unbridled litigation if residents’ rights are secured. Precisely the opposite will occur. A mechanism for families to obtain injunctive relief will prevent litigation. Elders and their families only resort to litigation when there is no alternative.
In the current situation, an abused resident and the resident’s family have no mechanism to stop ongoing abuse. Community Care Licensing (CCL), the Long-Term Care Ombudsman, and law enforcement are unable or unwilling to protect RCFE residents.
Civil courts hold the bizarre position that families have no standing to protect a loved one while the victim is alive. Courts interpret CAL. WIC. CODE § 15657.3(d) to indicate that standing to sue attaches only after the death of the elder. Those courts leave families impotent to intervene in abuse of their loved ones.
My mother was a victim of heinous abuse in a San Bernardino County RCFE. Family was in court dozens of times, incurring more than $400K in legal fees while the abuse continued. The court told us “It’s not time yet.” Abuse continued until my mom died.
Had there been a mechanism to obtain injunctive relief in 2010 – 2013, the abuse could have been stopped. My mom could have been protected. The court would not have been burdened with the many motions we brought during my mom’s life. The court would not now be burdened with multiple parties litigating a complex elder abuse case.
Our situation is not unique. Other families throughout California share the same experiences. Efforts to protect abused loved ones are met with the court’s instruction to wait for the victim to die. A legal system that gives more protection to decedents than to living victims is absurd and bizarre. But that is the very situation that family after family now faces in California.
Coalition for Elder & Dependent Adult Rights (CEDAR) is a collaboration of advocates with firsthand experience of horrific abuse in RCFEs. Each of us watched a loved one victimized for an extended period of time. Each of us found that Community Care Licensing (CCL), the Long-term Care Ombudsman, law enforcement, and civil courts offered no remedies for abuse of our loved ones.
San Bernardino County
My mom was abducted from her home, imprisoned, and forcibly isolated at Wildwood Canyon Villa in Yucaipa for over a year. CCL substantiated that the RCFE violated my mom’s:
· Right to leave the facility,
· Right to have visitors,
· Rights to have phone calls,
· Right to send and receive mail,
· Right to have a bed, rather than a mattress on the floor.
However, CCL did not assess any penalties. CCL did not require any corrections.
Investigating Deputy Grant Ward ordered me not to call my mom. He threatened that he would arrest me if I tried to visit. He threatened that he would charge me with a crime if I reported his misconduct. Sergeant Paul Morrison wrote, “Linda Kincaid and her associates are considered trespassing if they are located anywhere on the property of the facility. Any further telephone calls may be considered as annoying and threatening.”
The Long-Term Care Ombudsman refused to investigate family’s reports of false imprisonment and isolation. Three years later, Ombudsman Roberta Wertenberg testified that County Counsel instructed her not to investigate our complaints.
During the period of isolation, Wertenberg left a phone message, “What calls your mother is able to place are being overseen by a deputy out of the Yucaipa station.” Wertenberg wrote, “The Ombudsman Program does not have authority to authorize or enforce visitation.” Colleen Krygier, Director of the county Department of Aging and Adult Services added, “At this time, your on-going concerns regarding your mother’s care would be better addressed through the pending case in the San Bernardino County Court.” When family brought the situation to State Ombudsman Joe Rodrigues, he referred us back to Ms. Krygier.
Family attempted to follow Ms. Krygier’s instructions and secure my mom’s rights through San Bernardino County Court. My mom was imprisoned and abused for more than two years, family incurred $400K in legal fees, and the court held over twenty-five hearings. Then Judge Michael Welch ruled that family did not have standing until after my mom died. Judge Welch told family, It’s not time yet.
Family provided CCL with evidence obtained through extensive civil discovery. We filed ten well documented complaints of neglect, mental abuse, physical restraint, chemical restraint, denial of medical care, administration of medication without physician’s orders, administration of medication by unlicensed staff, and possible sexual abuse. More than a year later, CCL has not yet investigated eight of our ten documented complaints.
Numerous times during our ordeal Deputy District Attorney Tristan Svare told family, “There is nothing out of the ordinary.” Svare was correct. CEDAR sees similar cases across California.
Santa Clara County
Gisela Riordan was imprisoned and forcibly isolated at Villa Fontana in San Jose for over two years. The RCFE violated Gisela’s:
· Right to leave the facility,
· Right to have visitors,
· Rights to have phone calls,
· Right to send and receive mail.
CCL and the Long-term Care Ombudsman determined there was no violation of Gisela’s rights. Will Lightbourne, Director of California’s Department of Social Services wrote, “The above restrictions are well within the law and cannot be viewed as a violation of Ms. Riordan’s personal rights.”
San Jose Police Department has no protocol for investigating mental abuse. Response from Sergeant Richard Benetiz underscored the deficiencies in the Department’s Duty Manual. “Based on all the information I have gathered at this point, it does not appear to me that this situation is a criminal neglect matter that would require the involvement of the police department. Police Chief Chris Moore added, After reviewing the facts as stated in your complaint, it has been determined that the actions taken were consistent with Department policy”. To date, San Jose Police Department has not updated their Duty Manual to include procedures for false imprisonment, isolation, or mental abuse of elders. The Department treats those crimes as civil matters.
County Counsel informed the Board of Supervisors that false imprisonment and isolation of elders was lawful. Deputy District Attorney Cherie Bourlard wrote, “This is a civil issue. You would have to petition the probate court through civil avenues.”
Gisela remained imprisoned and isolated until ABC7 in San Francisco brought the story public (http://abclocal.go.com/kgo/story?id=8870462). Gisela’s situation is much improved due to the efforts of ABC7. However, DSS Director Lightbourne still holds the position that two years of false imprisonment and isolation did not violate Gisela’s rights.
Family and advocates cannot bring elder abuse litigation while Gisela lives. However, the statute of limitation tolls due to her lack of capacity. Standing to sue will attach with Gisela’s death.
San Joaquin County
Maria Jordanou was imprisoned and forcibly isolated at Sunny Place of Stockton for the last month of her life. The RCFE denied Maria’s:
· Right to leave the facility,
· Right to have visitors,
· Rights to have phone calls,
· Right to send and receive mail.
CCL determined the RCFE violated Maria’s right to visitation and was responsible for her wrongful death. CCL assessed the maximum civil penalty of $150 for the wrongful death. There was no penalty for false imprisonment and isolation. CCL did not refer the crimes for criminal prosecution.
This writer interviewed the director of the facility that was responsible for Maria’s death. The director stated that she did not appeal the $150 penalty because, “It was trivial.”
Maria’s family was emotionally and financially devastated by the abuse. They lacked the $500K necessary to bring elder abuse litigation after Maria’s death. Justice was not served.
Monterey County
Margarita Zelada is currently imprisoned and forcibly isolated at Senior Paradise in Del Rey Oaks. She has been held against her will behind locked doors since March 2013. The RCFE violates Margarita’s:
· Right to leave the facility,
· Right to have visitors,
· Rights to have phone calls,
· Right to send and receive mail.
Advocates filed complaints with CCL and the Long-Term Care Ombudsman in October 2013. We are unaware of any investigation or activity for the benefit of the victim.
Family and advocates cannot bring elder abuse litigation while Margarita lives. However, the statute of limitation tolls due to her lack of capacity. Standing to sue will attach with Margarita’s death.
Summary
Horrific abuse has occurred and continues to occur in RCFEs. CCL, the Long-term Care Ombudsman, and law enforcement are unwilling or unable to respond effectively. Civil courts provide no remedy for abuse during the life of the victim. Abuse continues with impunity until the victim dies. A family’s only recourse is to seek compensatory damages after the death of a loved one.
AB2171 will educate RCFEs, Community Care Licensing, Long-term Care Ombudsmen, and law enforcement on residents’ rights. With injunctive relief available and rights enforced by the responsible agencies, abuse and associated litigation will decrease. RCFE residents, their families, and tax payers will benefit from the passage of AB2171.
Please support AB 2171.

Monday, December 2, 2013

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

Monday, November 18, 2013

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

Saturday, November 9, 2013

Elder abuse by Monterey County Public Guardian: Man threatened & left homeless

November 8, 2013

Jim Kramer (67) suffered a stroke on November 5, 2013. Friend and former landlady Patricia Conklin believes the stroke was caused in part by harassment and elder abuse by Deputy Public Guardian Jennifer Empasis.
Kramer and Conklin shared a house in the coastal community of Pacific Grove. The quiet and gentle handyman was semi-retired, working part-time for Comcast. He had a modest but comfortable lifestyle.
On March 25, 2013, Kramer’s life changed forever. According to Kramer, Empasis entered his home and ordered him to leave. Empasis allowed Kramer just thirty minutes to collect his belongings and vacate the property. She threatened that Kramer would be arrested if he returned.
Kramer said his rent was paid. He was never served with eviction papers. Kramer is not aware of any action that gave Empasis authority to seize the home or order him into the street.
Neighbor Tara Robinson was also present when Empasis ordered Kramer from his home. Robinson said Empasis accused her of being a squatter and ordered her off the property as well.
Kramer and Robinson said that Empasis removed two motor vehicles on March 25, 2013. One of the vehicles, a 2001 Mercedes ML 320, was a gift from Conklin’s mother to her daughter. Empasis still retains custody of Conklin's Mercedes.
A Sergeant Foster from Pacific Grove Police Department accompanied Empasis to reinforce her unauthorized threats. At this point, it is not known how Empasis enlisted Foster to participate in the abuse of power.
Empasis did not compensate Kramer for his lost rent or his security deposit. He experienced considerable hardship, becoming temporarily homeless as a result of Empasis’ actions.
Kramer said he encountered Empasis again in September 2013. Kramer offered to testify in favor of his former landlady, Patricia Conklin, whom Empasis accused of abusing her mother. As a member of Conklin’s household, Kramer had knowledge of the relationship between mother and daughter.
Robinson said she also offered to testify in Conklin’s favor. A retired nurse living nearby, Robinson helped provide care for Conklin’s mother Margarita Zelada.
Robinson’s voice trembled as she spoke of March 9, 2013, when ten Pacific Grove Police officers stormed the Conklin home. Robinson recalls that officers rolled Conklin’s mother in a sheet, strapped her to a gurney, and carried her screaming to an ambulance waiting outside. Robinson said the terror of that night brought nightmares for some time to come.
Police reports indicate the home invasion was in response to Empasis’ unfounded allegations of elder abuse by Conklin. Testimony from Kramer and Robinson could have exonerated Conklin and implicated Empasis in a pattern of false allegations and abuses of power.
According to Kramer and Robinson, Empasis threatened both of them with criminal prosecution if they testified in Conklin’s favor. Robinson was told she would go to jail if she testified about the siege on March 9, 2013.
The stress of threats, harassment, and homelessness took its toll on Kramer’s health. On November 5, 2013, Kramer suffered a stroke.
As of November 7, 2013, Kramer remains in the hospital under observation. His prognosis is uncertain.
Margarita Zelada remains unlawfully confined and isolated by order of the Public Guardian. Her physical and psychological conditions are unknown.

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