Sunday, November 25, 2012

Linda Kincaid Reports: Silicon Valley Tax Dollars Fund Elder Abuse, Part III

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 Personal Rights 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.

Adult Protective Services routinely refuses to intervene in cases of elder abuse by court appointed guardians or conservators. They did not respond to multiple complaints from this reporter. APS can be reached at 408-975-4900 or 1-800-414-2002.

Long-Term Care Ombudsman Wanda Hale stated to this reporter that Gisela is allowed to have visitors. Hale said she reached that conclusion based solely on discussion with staff at Villa Fontana, the facility that unlawfully enforces the isolation. Wanda Hale can be reached at 408-944-0567.

Community Care Licensing Division of Department of Social Services has authority to order compliance with regulations and to assess civil penalties for violations of resident’s rights. However, their June 19, 2012 Complaint Investigation Report on Gisela’s case indicates Licensing in Santa Clara County will allow violations of personal rights, provided the resident’s file contains “parameters” for those violations.

“Based on our investigation visits and phone calls are permitted within the parameters established in the resident’s file. Allegation is unfounded at this time and no citation is issued."

Community Care Licensing San Francisco Coastal Regional Manager Pam Gill approved the report quoted above. Ms. Gill can be reached at 650-266-8800.

Full Article and Source:
Silicon Valley Tax Dollars Fund Elder Abuse, Part III

6 comments:

Thelma said...

What is it that motivates these people to take such action?
Power and greed!

StandUp said...

I am so glad to see these articles on Gisela exposing the wrongful actions of the Santa Clara County Public Guardian, Don Moody.

Keep at it, Linda!

Anonymous said...

Go Linda Kincaid!

Lisa said...

I just know in my heart Gisela will get to go home!

B Inberg said...

Keep on them expose the truth of the protection industry working in their best interests at your expense. Get ready - we're next on the protection industry's food chain.

Anonymous said...

I'm dealing with similar situation with county council, public guardian as well community corruption in Santa Clara county, for the medical retirement benefits. I had a brain injury back in 2004/06 I was cleared to go back to work it was a subdural hemorrhage side affects nerve tic . Moving forward since I have 3 cases with worker's comp one was permanent partial disabled Awarded 8/2014 and now waiting on a hearing for benefits for life over 11 years back pay if approved by judge . During my leave in 2016 . I was stalked, harrassed, abused, sexual grouped by chp video on YouTube I reported it everything to union and supervisor as well law enforcement no one took me seriously but marked me mental for asserting my rights violated my ADA rights . I been falsely arrested 3 times the constant stalking, and loud noise with vehicles intimidation at my parents home violations of loud noise multiple county employees with nextdoor neighborhood watch as well the illegal electronic surviallance , I been cleared 2 times by crisis mental sjpd as well victims program decline to file after I showed report dealing with public corruption harrasment as well an officer who committed suicide he was from sjpd fraudunit helping County of Santa Clara. I notified internal affairs n told them that I was kicked off of a program with the church sinc a male friend that I should not be talking to help me when county management would have VTA close doors on my face and ended up walking from Tully and Quimby to king and alumrock in the rain County is corrupt . Nov 2019 was charged for assault to an officer not true I was deverte to mental health violated my 4th and 6th amendment judge dropped charges 1385 this caused a ugly retaliation with law enforcement and chp ad well workers comp investigators are all aware that county trying to set me up with community as mental when I'm not . This caused a marriage of 29 years of a divorce together for 32 there is another case exactly like mine Herman Guerrero he went through it and Dan Downley His wife Maria Hernandez talks about it on YouTube . Whistle Blower is a fraud they stalked you as well . My daughter is pregnant and due soon Social services and mental health and all who are involved in this case seen what she went through but never approached her , vmc employees had violated my hippa rights and I asked my daughter to do same because social workers are waiting for baby to be born , my daughter was assigned to case worker why? No one help her before but seen all the negative what I was dealing with as well wifi hacked County violated my father's home .not to mention all of sudden 3 times in row my father's mortgage payment that he does in person went to bank card not mortgage payment three times to cause floclosure as well I had talked to the bank one more time police report and FTC complain as well FOR will be notified this is Tax payers spending money when the mental health employees ar not using funs properly but benefits of gain from innocent people die to this iam giving up my SSi benefits since I gotten a electronic email by union by mistake as a threat and slander with defamation and violated my civil rights law enforcement hadn't send the report to DA PC 422 is a threat being carried out 11/28/22 and with this I'm taking it seriously if anything happens to my family and as well my ex husband and to my daughter's child The County of Santa Clara and City of San Jose along with ET all sccalerts system and nextdoor neighborhood watch with crime prevention will be liable for everything. I have all my proofs