by Linda Kincaid
The latest grand jury report was spurred by a complaint that the office mishandled a case in which a client died before being conserved by the county.
The 2013 Civil Grand Jury report noted that written procedures at the Public Guardian’s office were not current. In some cases, procedures were years out of date.
The 2014 Civil Grand Jury report noted that written procedures at the Public Guardian’s office had current dates, but content was not current. Procedure 804.0 (slideshow above) concerning “Client Visitors, Phone Calls, Personal Mail” is of special interest given Moody’s history of unlawful imprisonment and isolation of conservatees.
In 2012, the Public Guardian was isolating conservatees from family and friends. No visitors. No phone calls. No mail. The 2013 Civil Grand Jury investigation was initiated in response to a complaint filed by this Examiner.
Conservatee Gisela Riordan was unlawfully imprisoned and isolated at San Jose assisted living facility Villa Fontana for over two years. Conservatee Lillie Scalia was isolated for a year. Both women had families who wished to visit them and to care for them. Moody used his victims’ own funds to pay to the unlawful imprisonment and isolation.
ABC7 I-Team investigated numerous abuses by Moody’s office. See video above.
Media coverage and citizen advocacy led to passage of Assembly Bill 937 (2013), which clarified that conservatees have the right to receive visitors, phone calls, and personal mail. Governor Brown signed the bill on August 19, 2013. The bill amended Probate Code 2351(a) as of January 1, 2014.
2351. (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order.
Procedure 804.0 fails to comply with the legislative intent or the plain language of AB 937. Conservatees have an immediate right to have visitors. The Probate Code does not modify the right such that elderly or disabled individuals can only receive visitors after a week’s delay or if the Public Guardian decides to cooperate with the visit.
The plain language of the Code is clear. Conservatee’s have the right to receive visitors, unless specifically limited by court order. The 2015 Civil Grand Jury might find Procedure 804.0 to be of interest.
Full Article & Source:
Elder abuse by Santa Clara County Public Guardian: PG escorted from building
Elder abuse: Monterey County Public Guardian seeks order for chemical restraint
by Linda Kincaid — Examiner.com — January 26, 2014
The Monterey County Public Guardian is seeking authority to forcibly administer antipsychotic (psychotropic) medications to conservatee and elder abuse victim Margarita Zelada. The FDA has repeatedly warned against administration of psychotropic medications to elderly patients.California’s Department of Aging posted the following comments about use of antipsychotic drugs on elderly patients.
Title 22 of the California Code of Regulations, Section 72018 defines a CHEMICAL RESTRAINT as: “a drug used to control behavior and used in a manner not required to treat the patient’s medical symptoms.” All residents have a right to be free from the use of chemical restraints. (42 CFR §483.13(a); 22 CCR §72527(a)(23); 22 CCR §72319), yet, the use of antipsychotic drugs on those with dementia is common practice and often used as an alternative to the needed care of these individuals.
California’s Notice of Conservatee’s Rights states the conservatee has the right to:
Make his or her own medical decisions
California’s Handbook for Conservators states on page 284:
Psychotropic drugs
Prescription medicines used to alter cognition, mood, or behavior. These medicines are sometimes used to treat persons with dementia. You need specific prior court authority based on a strong showing to authorize the use of these drugs in the treatment of the conservatee.
Violation of Margarita’s rights is nothing new for the Monterey County Public Guardian. A request for chemical restraint is the latest in a series of violations of rights and denial of due process.
In March 2013, the Monterey County Public Guardian had Margarita forcibly removed from her daughter’s home in Pacific Grove, California. Witnesses reported that ten police officers stormed the house with guns drawn. They pulled Margarita from her bed, rolled her in a sheet, and strapped her to a gurney. A waiting ambulance took Margarita from her daughter’s home, never to be allowed to return.
Since March 2013, the Public Guardian allowed Margarita only three short visits with her daughter. During those visits, Margarita had strong words for her false imprisonment by the Public Guardian.
The most important thing for any person is their liberty. I want my liberty. I am in prison.
They lie. They lie!
They are thieves and liars.
The Public Guardian responded to Margarita’s comments by terminating visitation with her daughter. The Public Guardian sought and obtained a court order to strip Margarita of her right to meet with elder rights advocates. The Public Guardian has denied Margarita all visitation since November 15, 2013.
Family and advocates suspect that Margarita may be protesting her false imprisonment and unlawful isolation. The Public Guardian is now seeking authority for chemical restraint, defined by the State of California as a drug used to control behavior and used in a manner not required to treat the patient’s medical symptoms.
On Wednesday, January 29, 2014, Monterey County Probate Court is scheduled to hear a petition by the Public Guardian. That petition states:
3. The conservatee needs or would benefit from the administration of certain medications appropriate for the care and treatment of dementia.
4. The conservatee lacks the capacity to give consent to the administration of the appropriate medications.
9. The capacity determination of Dr. Blatt, which has been filed under separate confidential cover as Exhibit B and which is incorporated fully herein by this reference, contains the following information:
a. The deficits in the conservatee’s impaired mental function;
b. The correlation between mental function deficit(s) and the conservatee’s inability to respond knowingly and intelligently to queries about the recommended medical treatment or inability to participate in a treatment decision about appropriate medication by means of a rational thought process;
c. A statement of opinion that the conservatee lacks the capacity to give informed consent to the administration of the psychotropic mediation, and that the conservatee needs or would benefit from the proposed appropriate mediation.
If the court issues the order, the Public Guardian will have authority to forcibly administer antipsychotic drugs as chemical restraint of a woman who was torn from her daughter and kept in unlawful isolation for nearly a year.
The Public Guardian reports to the Monterey County Board of Supervisors. Readers may contact 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
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Elder abuse: Monterey County Public Guardian seeks order for chemical restraint
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Elder abuse: Monterey County Public Guardian seeks order for chemical restraint
Linda Kincaid Reports: Aging Family Services threatens daughter for exposing elder abuse of war hero
by Linda Kincaid — January 14, 2014
The National Association to Stop Guardian Abuse posted a memorial for war hero, Hugh Johnson. NASGA honored Johnson’s service in World War II and recounted the horrors of being a German prisoner of war. The memorial also recounted the greater horrors of Johnson’s last months in Raleigh, North Carolina.
Horrors of war and POW camps did not prepare Hugh for the horrors of guardianship in Wake County, North Carolina. A healthy active man who still enjoyed golf at 95, Hugh deteriorated rapidly under Guardian Cheryl Theriault of Raleigh based Aging Family Services.
Aging Family Services’ cautions “the last thing you want is for them to end up in a nursing home.” Family never imagined the nightmare Theriault’s guardianship would bring.
Theriault immediately removed Hugh from his upscale home, isolated him from family, and chemically restrained him with the anti-psychotic drug Seroquel. Five months after being taken from home, Hugh was frail, bedridden, and incontinent. His legs and feet were covered with sores that would not heal.
Denied the personal care of a loving daughter, Hugh languished at The Covington. The facility advertises “truly affordable assisted living.” Our Parents website gives The Covington 2 out of 5 stars. Daughter Ginny Johnson called it, “NASTY. NASTY.”
Comparing The Covington to his time as a POW, Hugh said, “My German captors kept me better.” Meals were missed. Rooms were filthy. Hugh suffered 28 falls, a broken rib, and his partial plate was lost.
Theriault responded by moving Hugh to Blue Ridge Nursing Home. That facility lost its eligibility for federal funding and was assessed a $4,550-a-day civil penalty for 6-weeks in spring 2012.
Geriatric Care Manager Heather Joyner of Aging Family Services so neglected Hugh that she was removed from his case. Geriatric Adult Guardianship Social Worker Karen Johnson replaced Joyner. Ginny described both Joyner and Johnson as “so, so, so HATEFUL.”
Ginny complained to Theriault over and over. She emphasized that Seroquel is not approved for use in elderly patients, and Hugh was having severe adverse reactions. Theriault ignored Ginny’s complaints, just as she ignored Hugh’s welfare and his wishes.
On January 9, 2014, attorney A. Justin Eldreth sent Ginny Johnson a cease and desist letter. The letter threatens that Cheryl Theriault and Aging Family Services will sue Ginny for defamation if Hugh Johnson’s memorial is not removed from the NASGA website.
Accordingly, we demand that you (a) immediately cease and desist your unlawful defamation of Cheryl Theriault and Aging Family Services, Inc., by writing to the National Association to Stop Guardian Abuse to request that they remove any mention of either Cheryl Theriault or Aging Family Services, Inc. from their website, specifically, the information located at http://stopguardianabuse.org/hugh_johnson.htm; (b) provide this office with a copy of your written request; and (c) provide this office with prompt written assurance that you will cease and desist from further defamation of the character and reputation of Cheryl Theriault and Aging Family Services, Inc. All this must be done within ten (10) days from the date of this letter.
If you do not comply with the cease and desist demand within this time period, Cheryl Theriault and Aging Family Services, Inc. is entitled to seek monetary damages and equitable relief for your defamation. In the event that you fail to meet this demand, please be informed that Cheryl Theriault and Aging Family Services. Inc. has asked us to communicate to you that she will pursue all available remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.
Ginny did not compose the memorial on the NASGA website. Ginny has no control over the NASGA website. Ginny has no ability to delete content from NASGA’s website.
Readers may express their concerns to Cheryl Theriault at Aging Family Services.
Aging Family Services
4812 Six Fork Roads, Suite 110
Raleigh, North Carolina 27609
cheryl@agingfamilyservices.com
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North Carolina war hero: Victim of elder abuse by predatory guardian
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Aging Family Services threatens daughter for exposing elder abuse of war hero