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Elder abuse: Monterey County Public Guardian seeks order for chemical restraint

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new-logo25  DCF 1.0Senior Issues Examiner

Linda Kincaid

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“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.”

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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. More

Elder abuse: Monterey County Public Guardian denies right to attend hearings

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DCF 1.0
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Linda Kincaid   Senior Issues Examiner
January 27, 2014

The Monterey County Public Guardian seized control of San Francisco resident Margarita Zelada and her estate.  Since March 3013, Margarita has been unlawfully confined in Monterey County, forcibly isolated, and denied nearly all contact with loved ones and advocates.

The Public Guardian allows Margarita no contact with her daughter, occasional brief contact with her niece in Texas, no contact with elder rights advocates, and no contact with legal counsel of her choice.  The Public Guardian denies Margarita her right to attend court hearings on her case and denies her right to oppose the abuse she has suffered.

On January 29, 2014, the Monterey County Probate Court will review Margarita’s case and hear the Public Guardian’s petition for authority to forcibly administer chemical restraint. Niece Bonnie Lind repeatedly asked that Margarita be allowed to attend the hearing on her case and be allowed her right to oppose forced chemical restraint.

December 10, 2013

Jennifer Empasis and Chris Campbell,

I would like to request my aunt, Margarita Zelada be allowed to attend her conservatorship hearing scheduled for December 18, 2013.  According to the Notice of Conservatee’s Rights, Margarita has a right to take part in important decisions affecting her life, property and way of life.  Please do not deny her this basic right. More

Aging Family Services threatens daughter for exposing elder abuse of war hero

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“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.”
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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.” More

TS Radio with guest: Linda Kincaid

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 painy

Join us at 7:00 pm CST!

Call in# 917-388-4520

We will take calls the last half hour of the show. 

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Linda Kincaid, MPH is nationally recognized as an authority on civil rights of the elderly and disabled.  She has presented training at conferences across the country.  At the Aging in America conference in March, Linda will present a 90-minute workshop on Isolation: Elder Abuse in Long-term Care.

Tonight, Linda will discuss two cases of elder abuse by Public Guardians in California.  ABC7 in San Francisco recently covered the story of Reta Cook, who fled the Santa Clara County to escape conservatorship.  Although Reta was no longer in the county, the Public Guardian continued deplete her assets for services that were not provided.  Listeners are encouraged to view the segment and post their comments to the story.

Linda will introduce listeners to the Margarita Zelada conservatorship in Monterey County.  While visiting her daughter in Pacific Grove, Margarita was forcibly taken from the daughter’s home and placed in a facility where she is allowed no visitors.

Advocates pointed out that false imprisonment and forced isolation are violations of Margarita’s civil rights.  The Public Guardian retaliated by going to court to strip Margarita’s right to have contact with advocates.

The Public Guardian recently filed a motion that could permanently strip Margarita’s right to have any contact with her daughter.  The motion appears to be retaliation for continued media coverage of the civil rights violations.

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http://www.blogtalkradio.com/marti-oakley/2014/01/13/ts-radio-with-guest-linda-kincaid

Public guardian Refuses ending guardianship of Margarita Zelada

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Linda Kincaid,  MPH

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TO: 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

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Linda Kincaid, MPH
20255 Glasgow Drive
Saratoga, CA (408) 998-4642
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To: “Scarlett, Teri x7502″ <ScarlettT@co.monterey.ca.us>
Cc:
district1@co.monterey.ca.us,
district2@co.monterey.ca.us,
district3@co.monterey.ca.us,
district4@co.monterey.ca.us,
district5@co.monterey.ca.us,
“Bullick, Ray” <BullickR@co.monterey.ca.us>

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