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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
~~~~~~~~~~~~~~~~~~~~~~~~~
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

Margarita Zelada on the Monterey County Public Guardian

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Published on Nov 10, 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 public guardian entered Margarita Zelada’s home with police officers who had their guns drawn, to forcibly and involuntarily remove Margarita from her home.

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.

(editor’s Note:  What is the estate worth now that the public guardian has had total control and access to the estate assets?)

California passed AB 937 to clarify that conservatees retain the right to have visitors, phone calls, and personal mail.  Isolation and false imprisonment constitute criminal elder abuse under Penal Code 368.

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