Archive for the ‘Public Guardian’ Category

‘Grave Robbery Under Color of Law’

November 19, 2013

Talk about the pot calling the kettle black, private guardian Jared E. Shafer’s attractive protégé’ Patience Bristol is sitting in a cell at the Clark County Detention Center awaiting trial while her mentor may be breathing a sigh of relief allegedly knowing his cooperation with authorities may exonerate him from being prosecuted for many of the same crimes Bristol is accused of committing against the elderly or vulnerable.

On pages of the following confidential 32 page fax obtained by INSIDE VEGAS, Shafer informs another of his protégés, Clark County Public Guardian Kathleen A. Buchanan, that “Guardian” Patience Bristol has not provided receipts, explanations, or backup to validate transactions Bristol made on behalf of ward Jean Dutton whose fortune Bristol and Shafer were responsible for overseeing.  In his incriminating fax Shafer includes eighteen checks Bristol wrote on Shafer’s Professional Fiduciary Services of Nevada, Inc.(PFSN) checking account that he pretends to know nothing about:

Bristol cashed eighteen bogus checks drawn in the name of ward Jean Dutton from Shafer’s PFSN, Inc. checking account between September 4 and December 28, 2012 totaling $12,850.00. If Shafer truly knew nothing about these transactions, he is also in need of a guardian! As Dutton’s co-fiduciary, Shafer is as responsible as Bristol for protecting a ward’s assets.  Patience Bristol is in custody charged with twenty felony counts of bilking the elderly and vulnerable. Her Preliminary Hearing is scheduled for November 25. Jared Shafer has not (yet) been charged with a crime.

Leann Goorjian lived to be only 51. She was the daughter of Wanda Lamb Peccole and William “Bill” Peccole. Leann’s mother was the sister of former Nevada State Senator Floyd lamb, Clark County Commissioner Darwin Lamb (portrayed in the movie Casino),  and legendary former Clark County Sheriff Ralph Lamb. Leann married Greg Goorgian and together had two sons, Gavin and Camden, now in their late twenties and working for the family business Pecolle Nevada Corporation.    

Three years before Leann died on February 24, 2008 leaving a multi-million dollar fortune, she was placed into the guardianship of Jared E. Shafer. That was in 2005 when she was deemed a “vulnerable person.” Since her death, Shafer has not been required to relinquish guardianship over her estate, and continues to this date draining it of hundreds of thousands of dollars each year.

Full Article and Source:
Grave Robbery Under Color of Law

See Also:
NASGA:  Lupe Olvera, Nevada/California Victim

NASGA:  Marcey Dudeck, Nevada/California Victim

Nevada Guardian Patience Bristol Arraigned on Robbery Charges

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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

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

A Tribute to Veteran Gary E. Harvey

November 12, 2013

A wife’s loving tribute to her husband, Gary Harvey – Veteran and unfortunately trapped in an abusive guardianship.   Currently, Gary is confined to a hospital room and denied all visitation from family, friends, advocates – even clergy.  The guardian does not keep his wife informed of his medical condition and blocks all her efforts to advocate for his best interest and his preferences. 

Please pray for Gary’s continued strength and that he will be allowed the comfort and the love of his wife.

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

Brown signs bill to protect rights of conservatees

August 21, 2013

Gov. Brown signed a bill into law Monday protecting the rights of people under a conservatorship. That’s when a judge appoints someone to handle the affairs of a person due to old age or physical limitations.
An ABC7 News I-Team investigation uncovered cases in which the Santa Clara County public guardian was restricting access to conservatees.

The law clarifies a conservatee’s right to have visitors, phone calls, and personal mail.

Full Article and Source:
Brown signs bill to protect rights of conservatees

Judge Randy Kennedy Removes Public Guardian, Jeanan Mills Stuart

May 23, 2013

Citing “significant concerns” that she charged excessive fees to her clients, Davidson County Probate Judge David Randy Kennedy Wednesday permanently suspended Public Guardian Jeanan Mills Stuart and vowed to help seek her replacement.

Stuart, who had held the job for five years, submitted a resignation letter effective in a week. Her letter was forwarded to members of Metro Council along with a letter from Kennedy announcing her termination.

In his five-paragraph letter to council, Kennedy wrote that while most conservatorship cases, including those assigned to Stuart “have been handled properly; even the perception that excessive fees have been charged is inexcusable.”

Stuart’s termination and simultaneous resignation follows a series of Tennessean stories raising questions about her billing practices.

Full Article and Source:
Judge Removes Public Guardian After She Charged Lawyer Fees for Non-Legal Work

See Also:
Tennessee Public Guardian Jeanan Mills Stuart’s Fees Exceed $1.8 Million

Editorial: Judge Should Let Public Guardian Go

May 18, 2013

We are glad to know that Davidson County Probate Judge David Randy Kennedy’s report to the Metro Council last month on the work of Public Guardian Jeanan Mills Stuart was only a preliminary finding.

That’s because there seems to be something missing from the report: that it’s time for a new Davidson County public guardian.

Kennedy still is reviewing Stuart’s active cases, but he told the council he had so far found no discrepancies. Perhaps he needs a better reading lamp.

Stuart has, for the past five years, been billing clients at the lawyer-fee rate of $200-$225 per hour for countless tasks that have nothing to do with legal expertise, often in six-minute increments, and sometimes multiple times in a day. Stuart says this is standard procedure. Billing for legal work in six-minute increments is; nonlegal, no, say legal experts. A review of Stuart’s bills since 2008 shows she charged her clients for six minutes 13,290 times, totaling more than $270,000 in fees. The tasks included such things as listening to a voice mail.

Experts have explained that lawyers typically have clerks or paralegals do these tasks — or, the lawyer bills for these tasks at a lower rate even if handling the voice mail themselves.

Is Judge Kennedy simply going to accept Stuart’s version of what is routine, in the face of all the accounts to the contrary?

Full Editorial and Source:
Judge Should Let Public Guardian Go

See Also:
Ginger Franklin’s Car Towed and Sold While in Conservator, Jeanan Mills Stuart’s, ‘Care’

Tennessee Public Guardian, Jeanan Mills Stuart’s, Fees Exceed $1.8 Million

May 11, 2013

The Davidson County public guardian, whose fees are under review by a local probate judge, has double-billed clients, billed more than 24 hours in a day and earned more than $270,000 in thousands of small, individual charges for tasks such as listening to a voice mail.

The Tennessean first raised questions  about Jeanan Mills Stuart’s fees when it found she was charging her legal rates of $200 to $225 per hour for nonlegal tasks, such as taking her wards on shopping trips and sorting their clothes before a move into an assisted-living center.

A new data analysis by The Tennessean of all of her billings between 2008 — when she was first appointed by the Metro Council — and February 2013 shows she has turned in fee requests with mistakes, such as double-billings, and more than 24-hour days, all of which have been approved by the judge overseeing the conservator cases.

In all, Stuart has billed for more than $1.8 million in fees since January 2008, when she took on her role, according to The Tennessean’s data analysis. As public guardian, she handles the affairs of people who are found by the Davidson County probate court to be mentally or physically unable to make their own decisions. Her wards have no control or say in what she does for them. The primary oversight of her fees is Davidson County Probate Judge David Randy Kennedy, who can approve or reject them.

Full Article and Source:
Davidson County Public Guardian’s Fees Exceed $1.8 Million

See Also:
NASGA: Ginger Franklin, Tennessee Victim