>Postponing Protection for Seniors

>

Laws to protect seniors and dependent adults from abuse by court-appointed conservators are under threat as California lawmakers seek painful cuts to close the state’s $15.2-billion budget deficit.

The laws were part of a sweeping reform package signed by Gov. Arnold Schwarzenegger two years ago after a Los Angeles Times series had exposed theft, abuse and negligence by some professional conservators appointed to look after seniors.

State senators in a key legislative committee recently recommended suspending some of the reforms for a year, thereby saving $17.4 million. The money was intended to help probate courts improve supervision of conservators.

If Assembly members back the move, it will delay funding for the reforms for the second consecutive year. Last year, the governor vetoed the necessary funding, citing fiscal problems.

Assemblyman Dave Jones:

“Feared that further delays would leave more seniors and dependent adults vulnerable to abuse.”

“I think that’s a huge mistake and a huge step backward.”

“A year is a very long time to allow conservators to potentially take advantage of the people they’re supposed to be watching.”

Full Article and Source:
California budget cuts could delay conservator reforms

See also:

Court Work Overload

Guardianship Legislation

Postponing Protection for Seniors

Laws to protect seniors and dependent adults from abuse by court-appointed conservators are under threat as California lawmakers seek painful cuts to close the state’s $15.2-billion budget deficit.

The laws were part of a sweeping reform package signed by Gov. Arnold Schwarzenegger two years ago after a Los Angeles Times series had exposed theft, abuse and negligence by some professional conservators appointed to look after seniors.

State senators in a key legislative committee recently recommended suspending some of the reforms for a year, thereby saving $17.4 million. The money was intended to help probate courts improve supervision of conservators.

If Assembly members back the move, it will delay funding for the reforms for the second consecutive year. Last year, the governor vetoed the necessary funding, citing fiscal problems.

Assemblyman Dave Jones:

“Feared that further delays would leave more seniors and dependent adults vulnerable to abuse.”

“I think that’s a huge mistake and a huge step backward.”

“A year is a very long time to allow conservators to potentially take advantage of the people they’re supposed to be watching.”

Full Article and Source:
California budget cuts could delay conservator reforms

See also:

Court Work Overload

Guardianship Legislation

Life and Dignity in Danger

“An elderly priest languished in isolation, denied visitors and calls under self-imposed care of Arizona woman”

A fierce custody battle between an Arizona woman and a priest’s family threatens the life and dignity of California-based Fr. Bernard “Brian” Gallagher.

Fr. Gallagher, who has resided in California after his retirement, was placed in a remote Arizona care facility, Payson Care Center, by Apache County, Arizona, resident Imelda Guadalupe “Lupe” Kowalczyk. After repeated complaints of being treated poorly at the facility, located far from California-based family and friends, and unable to have access to the Sacraments, the frail but mentally alert priest revoked, in writing, a health care power of attorney he had assigned jointly to Kowalczyk and another person, David Picella, in 2006.

On February 20, 2008, only five days after this written revocation and without notification to Picella, Fr. Gallagher or his family, Kowalczyk hastily obtained Temporary Guardianship and Temporary Conservator over Fr. Gallagher from an Apache County court—although Fr. Gallagher has never lived in Arizona—claiming him to be mental incompetent. Kowalczyk then ordered the care facility to forbid all calls and visits to the aging priest.

Unable to reach Fr. Gallagher by phone, concerned friends and family drove more than 450 miles to pay a surprise visit to the Payson Care Center, located in a remote part of Arizona. They found Fr. Gallagher in a deplorable state, isolated in a dark room, barely clothed with only a diaper, without blankets or sheets, flat on his back with a feeding tube in his stomach and exhibiting a troubling cough.

The elderly priest had lost a significant amount of weight and was experiencing severe bladder pain. His bed was low to the ground and without guard rails to prevent a fall. A mattress placed next to the bed, to cushion the priest patient should he fall, was filthy.

Picella, NP, Ph.D.(c), in a written legal declaration, “I have never seen such bad neglect, abuse, and outright lack of concern for a patient’s well-being.”

Attorney Greg Weiler, partner at Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, who represents Fr. Gallagher and his family, “In my 25 years of legal practice, I have never seen a more egregious abuse of the legal system to victimize an elderly defenseless priest.”

Full Article and Source:
Life and Dignity of Aging Priest in Danger

See also:
An elderly defenseless priest

Custody Battle Threatens Health and Life of Aging Priest

Press Release (pdf)

>Life and Dignity in Danger

>

“An elderly priest languished in isolation, denied visitors and calls under self-imposed care of Arizona woman”

A fierce custody battle between an Arizona woman and a priest’s family threatens the life and dignity of California-based Fr. Bernard “Brian” Gallagher.

Fr. Gallagher, who has resided in California after his retirement, was placed in a remote Arizona care facility, Payson Care Center, by Apache County, Arizona, resident Imelda Guadalupe “Lupe” Kowalczyk. After repeated complaints of being treated poorly at the facility, located far from California-based family and friends, and unable to have access to the Sacraments, the frail but mentally alert priest revoked, in writing, a health care power of attorney he had assigned jointly to Kowalczyk and another person, David Picella, in 2006.

On February 20, 2008, only five days after this written revocation and without notification to Picella, Fr. Gallagher or his family, Kowalczyk hastily obtained Temporary Guardianship and Temporary Conservator over Fr. Gallagher from an Apache County court—although Fr. Gallagher has never lived in Arizona—claiming him to be mental incompetent. Kowalczyk then ordered the care facility to forbid all calls and visits to the aging priest.

Unable to reach Fr. Gallagher by phone, concerned friends and family drove more than 450 miles to pay a surprise visit to the Payson Care Center, located in a remote part of Arizona. They found Fr. Gallagher in a deplorable state, isolated in a dark room, barely clothed with only a diaper, without blankets or sheets, flat on his back with a feeding tube in his stomach and exhibiting a troubling cough.

The elderly priest had lost a significant amount of weight and was experiencing severe bladder pain. His bed was low to the ground and without guard rails to prevent a fall. A mattress placed next to the bed, to cushion the priest patient should he fall, was filthy.

Picella, NP, Ph.D.(c), in a written legal declaration, “I have never seen such bad neglect, abuse, and outright lack of concern for a patient’s well-being.”

Attorney Greg Weiler, partner at Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, who represents Fr. Gallagher and his family, “In my 25 years of legal practice, I have never seen a more egregious abuse of the legal system to victimize an elderly defenseless priest.”

Full Article and Source:
Life and Dignity of Aging Priest in Danger

See also:
An elderly defenseless priest

Custody Battle Threatens Health and Life of Aging Priest

Press Release (pdf)

Life and Dignity in Danger

“An elderly priest languished in isolation, denied visitors and calls under self-imposed care of Arizona woman”

A fierce custody battle between an Arizona woman and a priest’s family threatens the life and dignity of California-based Fr. Bernard “Brian” Gallagher.

Fr. Gallagher, who has resided in California after his retirement, was placed in a remote Arizona care facility, Payson Care Center, by Apache County, Arizona, resident Imelda Guadalupe “Lupe” Kowalczyk. After repeated complaints of being treated poorly at the facility, located far from California-based family and friends, and unable to have access to the Sacraments, the frail but mentally alert priest revoked, in writing, a health care power of attorney he had assigned jointly to Kowalczyk and another person, David Picella, in 2006.

On February 20, 2008, only five days after this written revocation and without notification to Picella, Fr. Gallagher or his family, Kowalczyk hastily obtained Temporary Guardianship and Temporary Conservator over Fr. Gallagher from an Apache County court—although Fr. Gallagher has never lived in Arizona—claiming him to be mental incompetent. Kowalczyk then ordered the care facility to forbid all calls and visits to the aging priest.

Unable to reach Fr. Gallagher by phone, concerned friends and family drove more than 450 miles to pay a surprise visit to the Payson Care Center, located in a remote part of Arizona. They found Fr. Gallagher in a deplorable state, isolated in a dark room, barely clothed with only a diaper, without blankets or sheets, flat on his back with a feeding tube in his stomach and exhibiting a troubling cough.

The elderly priest had lost a significant amount of weight and was experiencing severe bladder pain. His bed was low to the ground and without guard rails to prevent a fall. A mattress placed next to the bed, to cushion the priest patient should he fall, was filthy.

Picella, NP, Ph.D.(c), in a written legal declaration, “I have never seen such bad neglect, abuse, and outright lack of concern for a patient’s well-being.”

Attorney Greg Weiler, partner at Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, who represents Fr. Gallagher and his family, “In my 25 years of legal practice, I have never seen a more egregious abuse of the legal system to victimize an elderly defenseless priest.”

Full Article and Source:
Life and Dignity of Aging Priest in Danger

See also:
An elderly defenseless priest

Custody Battle Threatens Health and Life of Aging Priest

Press Release (pdf)

>A Costly Conservatorship – His Life

>

My son, Stephen Price, Jr., died at age 19, a victim of a guardianship/conservatorship abuse. A severe brain injury caused by hospital neglect at age 9 seemed to be the worst that could possibly happen, —until a few years later, at a custody hearing between the parents, the San Bernadino County Superior Court System turned Stevie’s life over to private professional parasite (guardian) Melodie Z. Scott and the gang of attorneys she works with.

At this custody hearing, although Stevie’s trust fund ($4mil settlement) was mandated to provide legal representation for him if needed, the court insisted on appointing an attorney of their choosing, who immediately suggested the parents nominate a friend of his as temporary guardian during the custody proceedings. When we declined, this attorney and his friend inundated the court with lies, innuendo, and accusation, apparently justifying the temporary appointment of this guardian (who, it turns out, is also the chief client of said attorney and firm) while we tried to sort out and disprove the lies.

I was able to show that both attorney and guardian had deliberately lied by the time a hearing was held for permanent guardianship; however, this didn’t seem to carry any weight against the exorbitant amounts of my son’s money attorneys and guardian were allowed to put on their case.

For reasons unclear to me, the hearing was held in a neighboring city; Chino, where a traffic court judge’s calendar was cleared so he could hear Stevie’s case. This judge, (who within a year of the hearing was censured for 9 counts of judicial misconduct and then was retired for “psychological reasons”) found that Stevie needed a guardian, even tho he had been thriving physically, financially and psychologically without one.

For the next few years, I battled almost daily with this crew of predatory parasites; going thru 3 attorneys and contacting every justice, news, political and professional entity I could find, to no avail. I was successful in preventing Ms. Scott and crew from placing Stevie in a facility– keeping him at home and remaining his primary caregiver despite their efforts; but I was unable to prevent the decimation of his health care and his finances.

In one arrogant display of power, Ms. Scott got a court order to give Stevie a tracheotomy against the advice, testimony and objections of his parents, nurses and primary doctor of 6 years. Stevie never recovered from the needless tracheotomy and died a year and a half later with no explanation.

Ms. Scott and crew had gone thru well over $2 mil – leaving not even enough to pay his bills. As probate administrator and successor conservator, I was able to confirm my suspicions about the fraud and misuse of his money; Stevie died in debt. Too bad there’s not someone to complain to.

As the LA Times pointed out in the four part editorial, Guardians For Profit , that features Melodie Scott:

Professional conservators wield enormous power over people deemed too infirm to look after themselves. They choose their doctors, control their bank accounts and decide where they will live — even who can visit them.

Probate courts, which appoint conservators, are supposed to monitor their conduct, scrutinize their financial reports and fine or remove those who misuse their authority.

The courts have failed dismally in this vital role.

Melodie Scott is registered with Center For Guardianship Certification

A Costly Conservatorship – His Life

My son, Stephen Price, Jr., died at age 19, a victim of a guardianship/conservatorship abuse. A severe brain injury caused by hospital neglect at age 9 seemed to be the worst that could possibly happen, —until a few years later, at a custody hearing between the parents, the San Bernadino County Superior Court System turned Stevie’s life over to private professional parasite (guardian) Melodie Z. Scott and the gang of attorneys she works with.

At this custody hearing, although Stevie’s trust fund ($4mil settlement) was mandated to provide legal representation for him if needed, the court insisted on appointing an attorney of their choosing, who immediately suggested the parents nominate a friend of his as temporary guardian during the custody proceedings. When we declined, this attorney and his friend inundated the court with lies, innuendo, and accusation, apparently justifying the temporary appointment of this guardian (who, it turns out, is also the chief client of said attorney and firm) while we tried to sort out and disprove the lies.

I was able to show that both attorney and guardian had deliberately lied by the time a hearing was held for permanent guardianship; however, this didn’t seem to carry any weight against the exorbitant amounts of my son’s money attorneys and guardian were allowed to put on their case.

For reasons unclear to me, the hearing was held in a neighboring city; Chino, where a traffic court judge’s calendar was cleared so he could hear Stevie’s case. This judge, (who within a year of the hearing was censured for 9 counts of judicial misconduct and then was retired for “psychological reasons”) found that Stevie needed a guardian, even tho he had been thriving physically, financially and psychologically without one.

For the next few years, I battled almost daily with this crew of predatory parasites; going thru 3 attorneys and contacting every justice, news, political and professional entity I could find, to no avail. I was successful in preventing Ms. Scott and crew from placing Stevie in a facility– keeping him at home and remaining his primary caregiver despite their efforts; but I was unable to prevent the decimation of his health care and his finances.

In one arrogant display of power, Ms. Scott got a court order to give Stevie a tracheotomy against the advice, testimony and objections of his parents, nurses and primary doctor of 6 years. Stevie never recovered from the needless tracheotomy and died a year and a half later with no explanation.

Ms. Scott and crew had gone thru well over $2 mil – leaving not even enough to pay his bills. As probate administrator and successor conservator, I was able to confirm my suspicions about the fraud and misuse of his money; Stevie died in debt. Too bad there’s not someone to complain to.

As the LA Times pointed out in the four part editorial, Guardians For Profit , that features Melodie Scott:

Professional conservators wield enormous power over people deemed too infirm to look after themselves. They choose their doctors, control their bank accounts and decide where they will live — even who can visit them.

Probate courts, which appoint conservators, are supposed to monitor their conduct, scrutinize their financial reports and fine or remove those who misuse their authority.

The courts have failed dismally in this vital role.

Melodie Scott is registered with Center For Guardianship Certification

A Costly Conservatorship – His Life

My son, Stephen Price, Jr., died at age 19, a victim of a guardianship/conservatorship abuse. A severe brain injury caused by hospital neglect at age 9 seemed to be the worst that could possibly happen, —until a few years later, at a custody hearing between the parents, the San Bernadino County Superior Court System turned Stevie’s life over to private professional parasite (guardian) Melodie Z. Scott and the gang of attorneys she works with.

At this custody hearing, although Stevie’s trust fund ($4mil settlement) was mandated to provide legal representation for him if needed, the court insisted on appointing an attorney of their choosing, who immediately suggested the parents nominate a friend of his as temporary guardian during the custody proceedings. When we declined, this attorney and his friend inundated the court with lies, innuendo, and accusation, apparently justifying the temporary appointment of this guardian (who, it turns out, is also the chief client of said attorney and firm) while we tried to sort out and disprove the lies.

I was able to show that both attorney and guardian had deliberately lied by the time a hearing was held for permanent guardianship; however, this didn’t seem to carry any weight against the exorbitant amounts of my son’s money attorneys and guardian were allowed to put on their case.

For reasons unclear to me, the hearing was held in a neighboring city; Chino, where a traffic court judge’s calendar was cleared so he could hear Stevie’s case. This judge, (who within a year of the hearing was censured for 9 counts of judicial misconduct and then was retired for “psychological reasons”) found that Stevie needed a guardian, even tho he had been thriving physically, financially and psychologically without one.

For the next few years, I battled almost daily with this crew of predatory parasites; going thru 3 attorneys and contacting every justice, news, political and professional entity I could find, to no avail. I was successful in preventing Ms. Scott and crew from placing Stevie in a facility– keeping him at home and remaining his primary caregiver despite their efforts; but I was unable to prevent the decimation of his health care and his finances.

In one arrogant display of power, Ms. Scott got a court order to give Stevie a tracheotomy against the advice, testimony and objections of his parents, nurses and primary doctor of 6 years. Stevie never recovered from the needless tracheotomy and died a year and a half later with no explanation.

Ms. Scott and crew had gone thru well over $2 mil – leaving not even enough to pay his bills. As probate administrator and successor conservator, I was able to confirm my suspicions about the fraud and misuse of his money; Stevie died in debt. Too bad there’s not someone to complain to.

As the LA Times pointed out in the four part editorial, Guardians For Profit , that features Melodie Scott:

Professional conservators wield enormous power over people deemed too infirm to look after themselves. They choose their doctors, control their bank accounts and decide where they will live — even who can visit them.

Probate courts, which appoint conservators, are supposed to monitor their conduct, scrutinize their financial reports and fine or remove those who misuse their authority.

The courts have failed dismally in this vital role.

Melodie Scott is registered with Center For Guardianship Certification

>No Right to Counsel

>

Britney Spears is not yet fit to participate in court proceedings in her conservatorship case, her [court-appointed] lawyer told a Los Angeles Superior Court commissioner.

Ingham told the court that Spears’ medical condition is “fluid” because her treatment is changing.

Samuel Ingham, Spears’ [court-appointed] attorney, is also the attorney for the pop stars father and conservator, James Spears.
Source: Lawyer: Spears ‘not yet fit’ to take part in case

Spears’ attorney Jon Eardley filed a batch of documents related to his appeal of the legality of Britney’s conservatorship, including a declaration from a UCLA law professor that supports his theory that the 26-year-old pop star never received proper notice—as mandated by state law—that her father was seeking control of her estate.
Source: Expert Agrees Britney Case Not Quite Kosher

A California appeals court dismissed Eardleys’ challenge to the order granting Spears’ father, James Spears, control over most of his daughter’s affairs.

Jon Eardley asked U.S. District Judge Philip Gutierrez to remove the conservatorship case from state to federal court. Gutierrez denied the request, saying Eardley is not really Spears’ attorney and lacks standing as a party.

“While he claims to be Ms. Spears’ attorney, the probate court … found that she was incapable of retaining her own counsel,” Gutierrez wrote.

“Spears’ court-appointed conservators, James Spears and attorney Andrew Wallet, are the only people allowed to hire her lawyers.”
Source: Ruling – Appeals Court Nixes Challenge to Britney’s Conservatorship

See also:
Bad News for Britney

Less Rights than a Criminal

No Right to Counsel

Britney Spears is not yet fit to participate in court proceedings in her conservatorship case, her [court-appointed] lawyer told a Los Angeles Superior Court commissioner.

Ingham told the court that Spears’ medical condition is “fluid” because her treatment is changing.

Samuel Ingham, Spears’ [court-appointed] attorney, is also the attorney for the pop stars father and conservator, James Spears.
Source: Lawyer: Spears ‘not yet fit’ to take part in case

Spears’ attorney Jon Eardley filed a batch of documents related to his appeal of the legality of Britney’s conservatorship, including a declaration from a UCLA law professor that supports his theory that the 26-year-old pop star never received proper notice—as mandated by state law—that her father was seeking control of her estate.
Source: Expert Agrees Britney Case Not Quite Kosher

A California appeals court dismissed Eardleys’ challenge to the order granting Spears’ father, James Spears, control over most of his daughter’s affairs.

Jon Eardley asked U.S. District Judge Philip Gutierrez to remove the conservatorship case from state to federal court. Gutierrez denied the request, saying Eardley is not really Spears’ attorney and lacks standing as a party.

“While he claims to be Ms. Spears’ attorney, the probate court … found that she was incapable of retaining her own counsel,” Gutierrez wrote.

“Spears’ court-appointed conservators, James Spears and attorney Andrew Wallet, are the only people allowed to hire her lawyers.”
Source: Ruling – Appeals Court Nixes Challenge to Britney’s Conservatorship

See also:
Bad News for Britney

Less Rights than a Criminal