Archive for the ‘Linda Kincaid’ Category

Linda Kincaid Reports: Elder Abuse by Monterey County Public Guardian: Court Order for Isolation

November 18, 2013

San Francisco resident Margarita Zelada is unlawfully confined and isolated at Senior Paradise in Del Rey Oaks, California. The false imprisonment is at the order of the Monterey County Public Guardian.

Elder rights advocates across the country are protesting the violation of rights and abuse of power. Senior Paradise is under investigation by Department of Social Services.

The Public Guardian responded by petitioning the court for an order to legitimize their ongoing abuse.

The petition is on calendar for Wednesday, November 20, 2013. If signed, the order will strip Margarita of her constitutional right to liberty and pursuit of happiness.


Full Article and Source:
Elder Abuse by Monterey County Public Guardian: Court Order for Isolation

Advertisements

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

November 18, 2013

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

CA Conservatorship Ward Margarita Zelada on the Monterey County Public Guardian

November 12, 2013

Monterey County Deputy Public Guardian Jennifer Empasis alleged that Patricia Conklin financially abused her mother, Margarita Zelada. Margarita clearly stated that Patricia did not abuse her in any way. No financial abuse charges were filed. However, the Public Guardian refused to terminate the conservatorship of Margarita’s estate.

The estate is valued at about $1.5M The Public Guardian keeps Margarita confined and isolated at Senior Paradise in Del Rey Oaks, California. Margarita has been allowed to see Patricia only twice since March 2013.

Source:
Margarita Zelada on the Monterey County Public Guardian

See Also:
NASGA:  Margarita Zelada, California Victim

Linda Kincaid Reports: Elder Abuse by Monterey County Public Guardian: Home Vacant, Daughter Homeless

November 12, 2013
An abusive conservatorship devastated the life of San Francisco resident Margarita Zelada.  The Monterey County Public Guardian keeps Margarita unlawfully isolated and confined in a long-term care facility.
 

Margarita said, “ I am in prison.” Every night, she cries alone in her room and prays for freedom.

 
Margarita languishes at Senior Paradise in Del Rey Oaks, her estate charged $7,000/month for “care.”
 
Margarita’s three bedroom home in San Francisco’s desirable Outer Sunset neighborhood sits vacant.
 
Deputy Public Guardian Jennifer Empasis changed the locks on Margarita’s home to prevent entry by family. The home is unattended, and landscaping deteriorates. Family said Empasis planned to sell the home for a fraction of market value.
 
The abusive conservatorship also devastated the life of Margarita’s daughter, Patricia Conklin. In her bid to control Margarita’s $1.5M estate, Empasis made many false allegations that Patricia abused her mother.
 
Empasis seized control of Patricia’s assets and the house she leased in Pacific Grove. Empasis unlawfully forced Patricia’s renter from the house and terminated the lease.
 
Margarita’s testimony was suppressed at Patricia’s trial. Material documents and videos were suppressed. Empasis threatened witnesses with criminal prosecution if they testified in Patricia’s favor.
 
With assets seized by the Public Guardian, Patricia could not retain competent defense counsel. She was found guilty on three counts of felony elder abuse.
 
Patricia is left homeless and dependent on the charity of friends.

Full Article and Source:
Elder Abuse by Monterey County Public Guardian:  Home Vacant, Daughter Homeless

Linda Kincaid Reports: Consumer Voice conference discusses elder abuse in long-term care

November 12, 2013

The October 24-27, 2013 Consumer Voice conference in Washington, DC brought advocates and experts from across the county to discuss long-term care facilities. Prevention of elder abuse was a leading topic.

A panel discussed Engaging Family in Advocacy. This Examiner had the privilege of leading a discussion titled Toward a National Model for Advocacy.

The discussion emphasized the need for families of victims to collaborate with other families and with independent advocates. Case studies from California emphasized the frustrations of families attempting to advocate independently for an abused or neglected loved one. However, coalitions that focused multiple families and advocates toward a common goal were more effective.

Wildwood Canyon Villa in San Bernardino County was the first facility discussed. Citations from Department of Social Services (DSS) establish that Wildwood Canyon Villa unlawfully confined and isolated a resident for fifteen months. Police reports establish that Executive Director Lynnette Alvarado refused to allow family to visit. Alvarado stated that corporate instructions were to have visitors arrested for trespassing.

Court records show that family eventually obtained a restraining order against the unlawful and abusive isolation at Wildwood. That effort required sixteen court hearings over fifteen months. It cost family $70K to require Wildwood to follow the law and allow their loved one to have visitors.

Full Article and Source:
Consumer Voice conference discusses elder abuse in long-term care

Linda Kincaid Reports: Elder Abuse by Monterey County Public Guardian: Man Threatened and Left Homeless

November 9, 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.

Full Article and Source:
Elder Abuse by Monterey County Public Guardian: Man Threatened and Left Homeless

See Also:
Linda Kincaid Reports Elder Abuse at Senior Paradise:  NASGA President Speaks Out

Linda Kincaid Reports: Elder abuse at Senior Paradise: NASGA president speaks out

November 7, 2013

Margarita Zelada has been confined and isolated for months at Senior Paradise. The Monterey County, California assisted living facility has management practices more akin to a prison than a paradise.

Margarita is allowed almost no visitation with her family. Phone calls are often restricted.

Elder advocates attempting to make contact with Margarita found multiple locks on the front door. Administrator Margaret Eldred Camara told advocates she would call the police if they did not leave. Camara said her instructions to unlawfully confine and isolate Margarita were issued by Deputy Public Guardian Jennifer Empasis.

The National Association to STOP Guardian Abuse (NASGA) is a human rights organization that opposes abusive guardianships. NASGA president Elaine Reniore sent the following open letter to Deputy Public Guardian Empasis.

Full Article and Source:
Elder abuse at Senior Paradise: NASGA president speaks out

Linda Kincaid Reports: Elder abuse at Senior Paradise: Isolation & possible chemical restaint

November 7, 2013

Margarita Zelada’s family tells of frightening elder abuse at Senior Paradise. The small assisted living facility is located in idyllic Del Rey Oaks, quiet town on the California coast in Monterey County. A charming facade hides licensing violations and criminal abuse.

Margarita is rarely allowed visitors or phone calls. When family is able to establish contact, they find Margarita has suffered a dramatic decline in mental and physical function.

On August 2, 2013, Margarita’s niece, retired Air Force Colonel Bonnie Lind, had traveled from her home in Texas to visit Margarita on Saturday and Sunday. Senior Paradise allowed Bonnie and Margarita just one hour together on Saturday.

Then Senior Paradise Administrator Margaret Eldred Camara sent Bonnie the following email denying the visit planned for Sunday.

Date: Sat, 3 Aug 2013 18:13:08 -0700
From: megcamara@sbcglobal.net
Subject: postponed Sunday visit 

Hi Bonnie,

I think we are going to need to postponed the visit on Sunday to another day.
Margarita had a very upsetting day and it is best to postpone the visit.
If you have any questions, please contact Jennifer on her cell 831-594-6550
Thank you so very much for understanding
Margaret

Senior Paradise did not respond to Bonnie’s requests for another visit.

Full Article and Source:
Elder abuse at Senior Paradise: Isolation & possible chemical restaint

Linda Kincaid Reports – Elder abuse at Senior Paradise: Unlawful confinement and isolation

November 7, 2013

Senior Paradise or senior prison? The residential care facility advertises,

“Del Rey Oaks Senior Paradise is a new kind of living experience!”

For Margarita Zelada, that living experience does not include her family or friends. She is locked inside and not allowed visitors.

Family says phone calls are often restricted. Visitors for Margarita are denied entry into the facility. Staff threaten to call police when advocates request to to check on Margarita.

Around noon on October 20, 2013, elder advocates Dr. Robert Fettgather and Linda Kincaid attempted to visit Margarita Zelada at Del Rey Oaks Senior Paradise. Fettgather and Kincaid arrived with flowers, strawberries, and chocolate.

  • Senior Paradise had doors locked (with three locks) in violation of 22 CCR 87468(a)(6).
  • Margarita was not allowed to leave the building, which is a violation of 22 CCR 87468(a)(6).
  • Administrators Margaret Eldred Camara and Judith Pardo-Soto stated that Margarita is not allowed any visitors without approval from Deputy Public Guardian Jennifer Empasis, which is a violation of 22 CCR 87468(a)(11). Empasis instructed the administrators to call police if anyone asked to visit Margarita.
  • Margarita’s relatives state that phone calls to Margarita are often blocked, which is a violation of 22 CCR 87468(a)(14).

Advocates were not allowed to conduct a welfare check or determine whether Margarita receives adequate care. Flagrant violation of personal rights leads advocates to wonder what sort of conditions are hidden behind locked doors.

Full Article and Source:
Elder abuse at Senior Paradise: Unlawful confinement and isolation

Linda Kincaid Reports: NCPEA forum discussed social isolation as psychological elder abuse

November 7, 2013

On October 1, 2013, the National Committee for the Prevention of Elder Abuse (NCPEA) held its first Forum on Polyvictimization in Later Life. The event in St. Paul, Minnesota was attended by elder abuse experts from around the country. This Examiner had the honor of being invited to participate.

The team solicited research and practice examples from a range of experts. The Oct 1 Forum deepened the team’s understanding of the research findings.

A common theme throughout the discussions was that elder abuse rarely occurs as single incident or as a single form of abuse. As with child abuse and domestic violence, abuse patterns repeat. Multiple forms of abuse occur together.

Social isolation is often an indicator of more broad ranging elder abuse. Perpetrators with designs on an older person’s assets will often isolate the victim from family and friends.

Social isolation is itself a form of elder abuse. Preventing an elder from having visitors or phone calls, telling callers that the elder is not available is a common tactic to separate the elder from loved ones. Social isolation is recognized as a form of psychological abuse.

In California, isolating an elder is a crime under Penal Code 368. On August 19, 2013, Governor Jerry Brown signed AB 937, clarifying that conservatees retain the right to visitation, phone calls, and personal mail.

Investigators attending the forum were encouraged to “look beyond the surface.” They will often find that psychological abuse is accompanied by financial abuse and perhaps physical abuse or sexual abuse. By “digging deeper” investigators can find the forms of abuse that are not as readily seen.

Full Article and Source:
NCPEA forum discussed social isolation as psychological elder abuse