“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.”
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:
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