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California Update with Linda Kincaid of CEDAR:

Legislation, Research, and Media Coverage of Elder Abuse

It was an eventful week in California. Our guest is Linda Kincaid of the Coalition for Elder & Disability Rights (CEDAR). Linda will bring us up to date on:

1. Groundbreaking legislation in California,

2. Research from UCLA School of Law, and

3. Media coverage of predatory conservatorship (guardianship) in California.

Part 1: California Senate Bill 1191 Mandates Improved Law Enforcement Policies

On September 18, Governor Brown signed Senate Bill 1911. For the first time in any state, law enforcement elder abuse policies will be required to inform officers that elder abuse is a crime, not a civil matter. Senator Hueso’s fact sheet on SB 1191 explained:

Senate Bill 1191 mandates that all law enforcement jurisdictions in the State of California have policies and training manuals that contain and include reference to existing elder and dependent adult abuse laws. This would allow officers to properly identify instances of elder and dependent adult abuse crimes. This issue arises as a result of the frequent outsourcing of the task of writing officer training manuals to private organizations such as Lexipol, who are contracted by law enforcement to draft training policies and manuals. (Emphasis added)

Here is the full text of SB 1191. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1191

Part 2: Lexipol The Privatization of Police Policymaking UCLA School of Law – Article by Ingrid V. Eagly and Joanna C. Schwartz

UCLA School of Law found that Lexipol law enforcement policies focus on protecting police departments from law suits, rather than instructing officers to protect the public. The authors stated:

In California, where Lexipol was founded, as many as 95% of law enforcement agencies now rely on Lexipol’s policy manual. … However, reliance on this private entity to establish standards for public policing also raises several concerns arising from its for-profit business model, focus on liability risk management, and lack of transparency or democratic participation. (Emphasis added)

Here is the full text of the article. https://texaslawreview.org/lexipol/

Part 3: Money-draining probate system ‘like a plague on our senior citizens’

Orange County Register – Special report by Tony Saavedra

Elinor Frerichs has been imprisoned and isolated in a locked dementia facility since 2012. What was Elinor’s crime? A wealthy white woman married a Black man. Linda Kincaid has followed the case since 2014. Kincaid shared her records with investigative reporter Tony Saavedra at the Orange County Register. Saavedra reported:

Love landed Elinor Frerichs in a secured facility for people with dementia.

Twelve days after the death of her husband, 95-year-old Frerichs married a friend 26 years her junior, a man who watched the same TV shows and made her feel “happier than ever.” But shortly after saying “I do,” Frerichs was placed under a court conservatorship at the recommendation of a psychologist and Adult Protective Services. She was hospitalized and her marriage was annulled, partly to shield her estate, estimated at $1 million.

Despite concerns over her mental capacity, Frerichs appeared lucid in a transcript of a rare visit with friends, vowing, “I’m not going to sit there and rot and die in that damn room.”

Read the full story here. https://www.ocregister.com/2018/09/23/money-draining-probate-system-like-a-plague-on-our-senior-citizens/