Home

Elder abuse: Monterey County Public Guardian seeks order for chemical restraint

5 Comments

strip banner

new-logo25  DCF 1.0Senior Issues Examiner

Linda Kincaid

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

“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:

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

5 Comments

DCF 1.0
strip banner
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

Margarita Zelada on the Monterey County Public Guardian

2 Comments

strip banner

new-logo25

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.

%d bloggers like this: