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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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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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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>

Elder abuse by Monterey County Public Guardian: Home vacant, daughter homeless

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new-logo25Linda Kincaid

Examiner.com

November 11, 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. More

Linda Kincaid Announces Governor Brown Has Signed AB937 into Law to the San Bernadino Board of Supervisors

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National Association to Stop Guardian Abuse

NASGA’s California Advocacy Liaison Linda Kincaid’s Mother, Carol Hahn, passed Saturday, August 17, 2013.  Two days after Carol Hahn’s death, Governor Brown signed AB937 – legislation created to clarify conservatees’ rights to visitors, mail, and phone calls.

Linda stands in front of the Board of Supervisors in honor of her Mother who was a victim of conservatorship abuse the final years of her life.

Carol Hahn leaves behind her daughter, a stellar advocate for victims of unlawful and abusive guardianships and conservatorships and for reform.

Modesto elder abuse: Professional fiduciary Laurie Jamison isolates June Guinn

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new-logo25Linda Kincaid for the Examiner.com

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Examiner.com

Since 2008, professional fiduciary Laurie Jamison has hidden June Guinn, 88, from her family.  Until a week ago, family say they did not know where June was hidden or if she was still alive.  Thanks to the efforts of Modesto Police Department, June was located at a home in Modesto, California.  Jamison continues to deny June any contact with her loved ones.

Probate Code 2352(b) states:

The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.

Modesto, CA

Location:   Laurie Jamison 1138 Orchid Court Modesto, ca

(37.638301849365 ; -120.9995880127)

California’s Notice of Conservatee’s Rights instructs that a conservatee retains the right to “receive visits from family and friends.”

California’s Handbook for Conservators gives conservators specific guidance concerning visitation.  Each conservator is required to have a copy of the Handbook.

When a person becomes a conservatee, he or she does not lose the right to visit with friends or family.

Do not isolate the conservatee by keeping friends or family away.

June’s daughters and grandson say Jamison ignored their repeated requests to learn where June resided, to visit with June, or to even speak to with June on the phone.  In response to that isolation, the Court instructed: More

TS Radio: Updates on June E Guinn & Jimmy Suski

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TS Radio: Signs of hope in ending the guardianship nightmare

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TS Radio: The rights of wards and conservatees

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Silicon Valley tax dollars fund elder abuse: Apathy & Negligence by Law Enforcement & District Attorney

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Linda Kincaid

Elder Advocate, California

“San Jose Police confirmed that Villa Fontana isolates several residents.  However, SJPD referred management of that abuse back to the Public Guardian, the perpetrator of the abuse.”

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Part IV (Parts 1,2 & 3 are linked below)

- Apathy & Negligence by Law Enforcement & District Attorney

ABC 7 News I-Team

San Jose Police Lieutenant Michael Knox is the first government employee to take any action on behalf of elder abuse victim Gisela Riordan.  For over two years, Gisela has been denied visitors, phone calls, and mail.  Imprisoned at Villa Fontana, she is not allowed contact with family, friends, neighbors, advocates or clergy.  Each day is like every other for Gisela, lonely and filled with despair.

Lieutenant Knox listened sympathetically to Gisela’s story.  Police Chief Chris Moore had already determined that SJPD’s ignoring false imprisonment and isolation was “consistent with Department policy.”    Knox committed to a review of the Department’s policy on ignoring mental abuse of elders.  Although a small step, it was the first positive step taken by any government employee in Santa Clara County.

Elder Abuse by the Public Guardian

Since early 2010, Gisela Riordan has been a victim of elder abuse by her conservator, the Santa Clara County Public Guardian Donald Moody.  California law clearly states that a guardian or conservator does not have authority to isolate a conservatee.  California law also states that isolation and imprisonment of elders are crimes.

However, the Public Guardian is not concerned with California law.  Moody imprisons and isolates conservatees to suit his whims.  Gisela is falsely imprisoned and unlawfully isolated at Villa Fontana, a secured residential care facility willing to violate the law in exchange for payment.

Keeping conservatees isolated simplifies the management of those individuals.  With no visitors, there are no complaints of neglect or substandard care.  No one sees bruises or other evidence of physical abuse.  No one knows if conservatees receive medical care or enough food to eat. More

Al Katz: Holocaust Survivor Nearly Killed by Florida Public Guardian

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Join us Sunday evening November 18th, 2012 at 7:00 CST!

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

Listen Live HERE!

Callin #: 917-388-4520

Linda Kincaid, Elder Advocate, California, will co-host this show.

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Al Katz survived the Holocaust in a Nazi prison camp. As a youth, he spent seven years in forced labor, nearly starved, and saw four Jewish boys shot through the head. Katz survived the Holocaust only to again experience the horrors of imprisonment and torture in the final year of his life. The Manatee County Public Guardian’s abuse of Katz reminded Katz of Nazi  cruelty and sadism. For six weeks in 2009, Katz was kept in locked units and denied the companionship of his family and friends and decent medical care. Retreating into teenage memories, Katz believed he was once again a prisoner of the Nazis and subject to their torture. In just two months of guardianship, Katz was nearly dead.

Unlike many victims of Public Guardians, Katz escaped before he died. Katz’s daughter, Dr. Beverly Newman, fought Manatee County’s abuse of her father. With Katz nearly dead and his estate seriously depleted, the Public Guardian was replaced by a professional guardian of the property. Katz’s daughter took him home and cared for him day and night for the last eight months of his life.

Beverly Newman has a Doctor of Education and Child Psychology. She dedicated much of 2010 to caring for her father, after rescuing him from an abusive guardianship. Dr. Newman is now an active advocate for rights of guardianship victims. More

TS Radio: Guardianship Abuse and the tragic saga of Gary Harvey

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Silicon Valley tax dollars fund elder abuse: Part II

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Linda Kincaid

Elder Advocate, California

Part I: READ HERE

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Part II –

Public Guardian imprisons & isolates Gisela Riordan

Linda Kincaid

In 2010, Santa Clara County Public Guardian Donald Moody petitioned for conservatorship of Gisela Riordan.  Based on false allegations by Court Reporter Herlinda Acevedo, Judge Thomas Cain approved the petition.  With the stroke of a pen, Moody had complete control over Gisela’s life.

Moody immediately seized Gisela’s bank accounts.  He evicted her son and sold their home the following year.   Gisela languishes in isolation.  For two and a half years, Moody has denied Gisela’s right to visitation, phone calls, and mail.  Consistent with his wholesale violation of civil rights, Moody denied Gisela’s right to vote in 2012.

Moody imprisoned and isolated Gisela at Villa Fontana, a secured residential care facility that will violate the law in exchange for payment.  Villa Fontana blatantly violates personal rights of residents.  They refuse to discuss those violations with elder advocates.

April 27 – 30, 2012:  Jennifer Lan & Violation of Resident’s Personal Rights

This reporter temporarily established contact with Gisela by arriving at Villa Fontana on a Friday evening, shortly after a visit by Deputy Public Guardian Rebecca Pisano-Torres.  The Villa Fontana night staff assumed I was with the Public Guardian’s office, and they allowed me to enter.

When I first approached Gisela, she was bewildered that anyone would come to see her.  She was horribly lonely and sobbed for over an hour, clutching my arm and begging me not to forget her.  She demanded I promise that I would visit her again.  Sadly, the Public Guardian has prevented my keeping that promise.

On Monday, Villa Fontana staff recognized me as an elder advocate.  Employee Jennifer Lan, accompanied by four male staffers, entered Gisela’s room and ordered me to leave.  I guided Lan to a poster of the residents’ rights  located in the facility lobby.  More

Silicon Valley tax dollars fund elder abuse

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Linda Kincaid

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Part I –

Public Guardian takes control of Gisela Riordan

San Jose, California resident Gisela Riordan, 84, prays every night for God to take her.  Imprisoned and isolated, she is denied visitors, phone calls, and mail.  Her arms are boney, and her cheeks sunken.  Her features stir memories of Holocaust survivors.  Forbidden companionship of her loved ones, Gisela languishes in despair.

Gisela has not been charged with a crime.  She has not been sentenced to prison.  No judge ordered her isolation.  Gisela lost her freedom with the stroke of a pen, when Judge Thomas Cain approved a conservatorship petition submitted by Santa Clara County Public Guardian Donald Moody.

Moody seized Gisela’s bank accounts in 2010 and sold her home in 2011.  Moody now uses Gisela’s own estate to keep her imprisoned at Villa Fontana, a residential care facility that will violate resident’s rights in exchange for payment.  Taxpayer dollars, authorized by the Santa Clara County Board of Supervisors, fund the Public Guardian’s abusive activities.

Before Conservatorship

Gisela Riordan was an active vibrant woman who lived life to the fullest.  Gisela and her companion of 17 years travelled the world together.   She zipped around town in a convertible, the wind in her hair and the sun on her shoulders.  Like many California transplants, she loved the beach and the waves breaking around her ankles.  Retired comfortably, Gisela and her son Marcus Riordan shared a pleasant townhouse in a desirable area of west San Jose.

March 12, 2010:  Petition for Conservatorship & Court Investigator’s Report

Kaiser Permanente contacted Adult Protective Services when Gisela was subject to physical and financial elder abuse by her bi-polar daughter.  At the time, Gisela had a full estate plan in place. Her son, Marcus Riordan, was designated in her Advance Health Care Directive, and Marcus was successor trustee for Gisela’s living trust.

Kaiser Permanente restricted Gisela from seeing Marcus. The Public Guardian petitioned for temporary and general conservatorship.  Court Investigator Herlinda Acevedo attached a report to the petition stating:

Ms. Riordan has been admitted to Kaiser Hospital 19 times in the last 12 months for depression, anxiety, atrial flutter, COPD, and issues related to complex family dynamics.

Gisela responded in a recorded phone conversation with Marcus.

Where did she get her numbers?  Out of thin air?

Acevedo’s report to the court further stated:

Ms. Riordan would like to return to her home, but has expressed reluctance to do this while her son is residing in the home.

Gisela responded in her phone conversation with Marcus.

She is a liar.  No way would I say that! We have lived together before.  That’s nothing I ever said.  That’s stupid.

It’s just stupid.  That’s false witness.  She could go to jail for that.

I’d like to come home and live with my son.  I want my money released…

I didn’t save that money for the, what are they called?  They took my money away from me.  They have no right.  I worked for that money.

It should be noted that Court Investigator’s reports were signed under penalty of perjury. More

TS Radio: ABC 7 News I-Team exposed the Santa Clara County Public Guardian

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Gloria Bathgate: Stolen by North Carolina Department of Social Services

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Linda Kincaid & Susan Williams

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Eighty-year-old Gloria Bathgate found herself prisoner of a Johnston County, North Carolina guardianship just days after she arrived in the state.  Gloria was falsely imprisoned and unlawfully isolated at Oakview Commons Assisted Living Center in Raleigh.  Care in the facility was dismal.  She had several falls in the first few days and many unexplained bruises. Denied any contact with her daughter, Gloria’s physical and mental condition declined rapidly.

2007 – October 2010

Gloria enjoyed an active and sometimes flamboyant social life before moving to Raleigh.  A feisty and opinionated woman, Gloria was quick to express herself in colorful language peppered with expletives.  Her daughter, Susan Williams, still chuckles about Gloria wearing miniskirts and high heels at 77.

Living with her family since 2007, Gloria attended church three times a week and routinely played bingo at the firehouse with her firefighter grandson.  Her younger Eagle Scout grandson included her in his troop’s activities.   Gloria participated in elder activity programs most days of the week.  In the evenings, she cooked meals and helped her grandchildren with homework.

When the family planned their move from Pennsylvania to Raleigh, Gloria’s daughter Susan called ahead to North Carolina Department of Social Services (DSS).  North Carolina DSS told Susan that Gloria would have to establish residency in Raleigh before DSS would process any requests for services.

October 24, 2010

Gloria moved to Raleigh with her daughter and family.  Susan immediately called Johnston County DSS to request Medicaid, a hospital bed, elder day programs, and transportation assistance for Gloria.  DSS told Susan there could be a two-year wait before services were available.  DSS added, “If you wanted all those services, you should have stayed in Pennsylvania.”

Shannon West from Johnston County DSS visited the home and told Gloria she could receive services more quickly if she moved into Oakview Commons, an assisted living facility.  Gloria objected to leaving her family, but West assured Gloria that she could sign out of Oakview any time she wished.  Susan convinced Gloria to move into Oakview temporarily to obtain services.  Shortly before Halloween, Gloria signed herself into Oakveiw Commons on the advice of her daughter and Shannon West.  More

Guardianship abuse: Convenient incompetency

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                Join us Sunday evening October 14, 2012 at 7:00 CST! More

Dorothy Wilson–Stolen by New York Guardian

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