Bond set for Ga. trio in elderly exploitation case

November 19, 2013

— Bond has been set for two college students whose mother is accused of scamming an elderly man out of money they paid tuition with.

Georgia Bureau of Investigation agent Danny Jackson told the Rome News-Tribune ( ) 54-year-old Kathryn Dawsey and her 19 and 22-year-old daughters were set to appear in court Monday.

Jackson says Kathryn Dawsey is accused of convincing the 91-year-old victim to grant her power of attorney. Jackson says she made transactions from his account after a court order restricted her from accessing his money.

Court officials say Dawsey is being held without bond in the Marion County jail on charges of theft and exploitation of an elderly adult.

Dawsey’s daughters face similar charges, and their bonds have been set at $50,000. It’s unclear if they have attorneys.

Full Article and Source:
Bond set for Ga. trio in elderly exploitation case


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

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. 

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

Linda Kincaid Reports: Margarita Zelada: Timeline of elder abuse by Monterey County Public Guardian

November 18, 2013

Deputy Public Guardian Jennifer Empasis pursued a campaign of false allegations and abuse of power to control the assets of Peruvian immigrant Margarita Zelada. Her estate is valued at around $1.5M.

Margarita is a victim of false imprisonment at long-term care facility Senior Paradise in Del Rey Oaks, California. Administrator Margaret Camara willingly executes unlawful orders from Empasis.

Margarita’s three bedroom home in San Francisco’s desirable Outer Sunset neighborhood sits vacant. Empasis changed the locks to prevent family entering the home. Patricia’s 2001 Mercedes, a gift from Margarita, is now in Empasis’ control.

In July 2012, Empasis alleged that Patricia financially abused her mother. Margarita repeatedly insisted Patricia did nothing improper. Patricia provided a full accounting of expenditures. No charges were filed.

In September 2012, Empasis seized control of all assets belonging to Margarita and Patricia. Mother and daughter were left unable to meet their financial obligations. Both experienced severe financial hardship.

On October 5, 2012, the court awarded temporary conservatorship of Margarita’s estate to the Public Guardian.

On December 13, 2012, Margarita recorded a video stating that Patricia did not abuse her in any way. Margarita was emphatic that she did not want the Public Guardian involved in her affairs. (See video above at left.)

Full Article and Source:
Margarita Zelada: Timeline of elder abuse by Monterey County Public Guardian

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

CA Conservatorship Ward Margarita Zelada on the Monterey County Public Guardian

NASGA:  Margarita Zelada, California Victim

Tonight on T.S. Radio: Probate Court Fraud With Guest Judy Barnes

November 17, 2013

Ohio, a state rife with probate abuses and predatory guardians, has another case you just cannot believe took place.  Between stolen property, funds and fraudulent POA’s, an elderly woman with Alzheimer’s was robbed of a million dollar estate.

Her daughter fought back.  The result?  The family home, built by the family,  on valuable shorefront property was intentionally reduced to rubble.  Even with the known threats that this would happen if the daughter didn’t back off, the courts and law enforcement did nothing.

Just goes to show you what a crooked attorney and an immoral probate can accomplish when no one holds them accountable.

5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST

LISTEN to the show live or listen to the archive later

City Seeks Guardianship for 9-1-1 ‘Super User’

November 17, 2013

Unsure how to curb frequent 911 calls by a system “super user,” Washington, D.C., officials met earlier this year to discuss a solution. Their decision: Seek a guardianship to handle the woman’s medical affairs.

Their guardianship petition alleges the woman, Martha Rigsby, 58, has bipolar and borderline personality disorders, the Washington Post reports. A guardian may not be able to stop Rigsby’s calls, but he or she could hire a home health aide to help her, for example, or could recommend a different living arrangement.

Rigsby has dialed 911 more than any other Washington, D.C., resident, the story says. She began making the calls in 1977; in the past year, 266 calls have been placed because of her fainting spells or falls. About 40 percent of the time she makes her own calls for help; bystanders placed the other calls after seeing her fall. About 55 percent of the time, she declines to get in the ambulance.

Other cities have tried similar measures.

The city of San Francisco, for example, sought conservatorships for as many as a dozen frequent 911 callers each year during a pilot program to curb super users.

Rigsby is fighting the guardianship petition with the help of a court-appointed lawyer. The case has been delayed until January to allow for a neuropsychological evaluation.

City Seeks Guardianship for 911 ‘Super User’

Ex-judge Hale’s punishment not enough, Supreme Court says

November 17, 2013

A six-month suspension of former Franklin County Environmental Court Judge Harland Hale’s law license isn’t punishment enough, the Ohio Supreme Court declared today.

In an unusual move, the justices rejected the recommended punishment and sent the case back to the Board of Commissioners on Grievances and Discipline for further proceedings, “including consideration of a more severe sanction.”

Hale has admitted that he committed judicial misconduct by dismissing a speeding ticket in December 2011 for a lawyer who represented him in state and federal lawsuits. The judge, who sat on the bench for a decade, announced his retirement on May 9, one week after the disciplinary counsel filed a complaint against him. He said then he wanted to continue his career as a lawyer.

Hale had reached a “discipline by consent” agreement with the high court’s disciplinary counsel. The Board of Commissioners on Grievances and Discipline approved the agreement on Oct. 14 and recommended it to the Supreme Court.

Hale dismissed a speeding ticket for attorney Patrick M. Quinn, who was representing him in sexual-harassment lawsuits. The judge threw out the ticket “without any involvement from the prosecutor or Quinn” and signed a judgment that “falsely stated: Prosecutor dismisses,” the agreement says.

About four months later, he engaged in improper communication about the case by contacting Quinn and Chief City Prosecutor Lara Baker-Morrish. He asked each to sign an entry indicating that the ticket was dismissed “with the consent of the Columbus city attorney’s office and the defendant.” Baker-Morrish refused.

Hale eventually vacated the dismissal and removed himself from the case. Quinn pleaded guilty and paid a $55 fine and $116 in court costs on the day that the judge stepped aside.

Quinn represented Hale in three lawsuits stemming from complaints of inappropriate behavior against the judge by a court employee and a defendant in a drunken-driving case. All three cases were settled out of court.

Full Article and Source:
Ex-judge Hale’s punishment not enough, Supreme Court says

See Also:
Ex-judge Hale agrees to six-month law license suspension

Ohio Judge Accused of Misconduct for Dismissing His Own Lawyer’s Speeding Ticket

Ohio: Judge Accused of Dismissing His Lawyer’s Traffic Ticket Quits

Local attorney disciplined for professional misconduct

November 17, 2013

A Victoria attorney accepted a public reprimand from the Commission for Lawyer Discipline for not returning an unearned fee.

Attorney Mark Davis paid restitution to the man who filed the grievance when the judgment was issued Sept. 11. It was unclear in the ruling how much was paid.

The Advocate attempted to reach Davis daily beginning Nov. 7. He did not return phone calls.

Raja Hugh Belleth hired Davis in June 2011 to represent him in a divorce case filed in Harris County. He agreed to pay an advance fee of $5,000 and $200 per hour for other legal services.

After Belleth’s wife filed the divorce petition in June 2011, she took no further action. Belleth tried to terminate Davis’ representation as well as request a refund Nov. 2, 2011, according to the grievance petition.

When Belleth did not hear back, he hired another attorney, who emailed Davis on Nov. 16, 2011 to request the unused funds.

Davis replied that he was finalizing an invoice and would return the unused retainer, but it never arrived in the mail, according to the petition.

On Jan. 2, Belleth emailed Davis about the matter again. He received no response.
Court documents also show Davis did not respond to the Aug. 29 grievance in a timely manner.

Full Article and Source:
Local attorney disciplined for professional misconduct

Types of Elder Abuse

November 16, 2013

NASGA affiliate and advocate Danielle Jesserer addresses guardianship abuse as a form of elder abuse in the early segment of  this interview: 

Type of Elder Abuse YouTube

Nashville lawyer admits to stealing $1.3 million, gets 18 years in prison

November 16, 2013

A well-known Nashville probate attorney was sentenced Friday to 18 years in prison after admitting to stealing $1.3 million from three clients, including the late father of a severely disabled woman.

Dressed in an orange prison jumpsuit, John E. Clemmons, 66, entered his guilty plea to three counts of theft, perjury and TennCare fraud in a barely audible voice. Under the plea agreement he could be eligible for parole after serving about five years and four months. Absent the plea deal, Clemmons could have faced jail terms of up to 30 years on the theft counts alone.

Clemmons, who already had pleaded guilty to stealing more than $60,000 from a fourth ward in Rutherford County, could face more charges as an investigation into dozens of other cases continues. His license to practice law was suspended indefinitely last spring when details of the Rutherford case began to emerge.

In all four cases, Clemmons had been appointed as a conservator of wards whom the courts had concluded were unable to look after their own affairs.

Assistant District Attorney General James W. Milam told Judge Steve Dozier that Clemmons has agreed to cooperate and “is cooperating” in that ongoing probe. Milam declined to discuss the details of the investigation

Under the agreement the victims, whose losses range from $172,506 to $771,009, will first collect restitution from bonds posted by Clemmons in the three cases and then from a state fund established to reimburse victims of attorney misconduct. The amount due after that, Milam said, will be Clemmons responsibility.

Milam said Clemmons filed false reports with the Davidson Probate Court and instead of the expenses he reported spending, wrote checks to himself. He also filed a false application for TennCare coverage for one of his clients.

Flanked by his attorneys, Paul Housch and Bob Lynch, Clemmons told Dozier the plea deal had been explained to him and that he had agreed to it.

Clemmons had turned himself in last week in anticipation of the plea deal. He will remain in custody and be turned over to the Tennessee Department of Corrections.

Action on the case came as some of the victims registered last minute pleas to Dozier urging him to reject the plea deal and order the Clemmons to make full restitution.

Ronnie Dismang, whose severely disabled cousin was one of the victims, wrote that she has been trying for months to learn how Clemmons was able to steal so much without detection by the courts or attorneys involved in the case.

Dismang wrote that whenever she asked how Clemmons could have gotten away with the thefts “I would get legal runaround.”

“John E. Clemmons does not deserve a plea deal for committing fraud against his conservator victims,” she wrote. “He should be required and ordered by the court to make full restitution to the victims’ families.”

Full Article and Source:
Nashville lawyer admits to stealing $1.3 million, gets 18 years in prison