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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

Silicon Valley tax dollars fund elder abuse: Part III

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Linda Kincaid

Elder Advocate, California

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Governmental apathy, negligence & cover up

Gisela Riordan is a victim of elder abuse by the Santa Clara County Public Guardian.  Gisela is falsely imprisoned and unlawfully isolated at Villa Fontana, a residential care facility in San Jose, California.  That abuse is ordered by the Public Guardian and funded by taxpayer dollars.

In 2010, the Probate Court appointed the Public Guardian as Gisela’s conservator.  The Court ordered the Public Guardian to manage visits with Gisela’s adult children.  The court did not authorize any further restrictions on Gisela’s right to visitation.

Since 2010, the Public Guardian has denied visitors, phone calls, and mail.  Family and advocates have pursued every avenue to establish contact with Gisela, determine her condition, and assure her she is not forgotten.  When the ABC 7 News I-Team asked to visit Gisela, the Public Guardian instructed Villa Fontana to call 911.

Apathy & Negligence by Governmental Agencies

California’s Resident’s  and Notice of Conservatee’s Rights both guarantee Gisela’s right to visitation.  California’s Probate Code requires the least restrictive residence.  However, government agencies tasked with protecting those rights are entirely apathetic. More

Silicon Valley tax dollars fund elder abuse: Part II

7 Comments

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

10 Comments

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: Elder Abuse & Isolaton of Gisela Riordan in San Jose

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Join us August 14th, 2012 at 7:00 CST! More

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