Thursday, July 12, 2012
Loss of Trust Series - Santa Clara County's Court-Appointed Personal and Estate Managers are Handing out Costly and Questionable Bills
In a span of three years, two cars plowed into Danny Reed, leaving him brain-injured and partially paralyzed. But the San Jose man eventually earned a measure of relief -- a trust fund created for a lifetime of care.
Then he was hit again, this time in a seldom-watched branch of Santa Clara County Superior Court, when the man appointed by a judge to protect Reed's assets delivered the bill for 41/2 months on the job. With tasks charged at up to $250 an hour, the bill totaled $108,771.07 -- a pace of spending that would wipe out the cash in the 37-year-old's trust in about three years.
"I couldn't believe it," Reed said. "After I read through page after page of sickening page, it was just hard to believe that something like this could be permitted in the court system."
Believe it. While Reed's case stands out among the roughly 1,500 elderly and incapacitated adults whose lives and finances are overseen by Santa Clara County's probate court, a six-month investigation by this newspaper found a small group of the county's court-appointed personal and estate managers are handing out costly and questionable bills -- and charging even more if they are challenged. The troubling trend is enriching these private professionals -- working as conservators and trustees -- and their attorneys, with eye-popping rates that threaten to force their vulnerable clients onto government assistance to survive.
"In theory, they're looking at a person's estate and wondering: 'How much can I make here before they pass away?'" said Denis O'Neal, a former deputy Santa Clara County counsel, who is familiar with the group's billing practices and drew some sharp conclusions about the worst cases he saw in his 30 years in the field of elder abuse. "Their goal is to tap into that money."
Full Article and Source:
Santa Clara County's Court-Appointed Personal and Estate Managers are Handing out Costly and Questionable Bills
I am so sorry,Danny. We victims understand what you've been through and how you feel.
ReplyDeleteIt's so very wrong.
OUTRAGEOUS! Wrong, immoral. The system harms the wards, the system is in the best financial interests of the protection industry. I am so distressed for Danny who was turned into a product to feed the greed. This is big, unregulated business. Nothing in here about caring, compassion, ethics, but it's about the money period. Now what does Danny do? His mother was doing a good job, with a minor mistake? Now look at the costs to the person and his estate.
ReplyDeleteI am ashamed to be an American. I wish I could do something, but what? how? and that alone is a stress on me knowing what I know I can't sleep at night knowing this is going on thank God above for this reporter to bring this to the people no words to express my deep appreciation to the press and media thank you so much.
There is nothing in the article with which I have not been familiar with for years.
ReplyDeleteStories like this have been ignored by the powers that be at the state level and the federal level for years.
I am glad there are news organizations that continue to publish these stories, because the disbelief that this is widespread problem which is destroying the United States of American and its credibility must be ended. If a foreign dictator did this to "his" citizens, The United States of America would declare war, and get half the world to join in ending the mass destruction.
American the beautiful has now become America the UGLY.
This scam is happening across the country, in all states. It's a great "gig" for corrupt judges, attorneys, government agencies, doctors, and others in the system.
ReplyDeleteThe media rarely covers these stories, and the disciplinary boards exist to cover them up.
This scam is happening across the country, in all states. It's a great "gig" for corrupt judges, attorneys, government agencies, doctors, and others in the system.
ReplyDeleteThe media rarely covers these stories, and the disciplinary boards exist to cover them up.
Mom's death is still an open case while they abuse my Mentally Impaired Incompetent Dad and clear out their estate. Mom has NO justice for ending her life, NO headstone and now they have DENIED her Will and Dad is removed from all of us and I am the Power of Attorney and Successor for their Living Trust.
ReplyDeleteHere is a ouline of the story:
http://www.lawlessamerica.com/index.php?option=com_sobipro&pid=70&sid=635:Rosanna-L-Miller&Itemid=104
B I N G O:
ReplyDelete"In theory, they're looking at a person's estate and wondering: 'How much can I make here before they pass away?'" said Denis O'Neal, a former deputy Santa Clara County counsel, who is familiar with the group's billing practices and drew some sharp conclusions about the worst cases he saw in his 30 years in the field of elder abuse. "Their goal is to tap into that money."
Mr. O'Neal 'get's it'.
Now that we all know, and have known for quite some time, what will be done to stop this feeding frenzy causing harm to the wards?
And, a clue here is that this is a national disgrace. This story could apply to all 50 states.
Wow! This is a great series! thank you Mercury News!
ReplyDeleteKudos to Karen De Sa and Mercury News for this wonderful story Please continue your investigation ilnto this judge and attorneys. My prayers go out to Danny, and I'm sorry he is having to go through this on top of everything else. But, he put it so well when he said "this has to end."
ReplyDeleteWe have the same issue in Cook County, IL, with a certain group of judges, attorneys, nurses, caremanagement companies, and guardianship companies. My loved one's entire estate was depleted, through the use of an OBRA Special Needs Pooled Trust.
Thank you again, Mercury News and Danny for bringing this issue to light.
www.probatesharks.com
Well done, Mercury News and thank you so much. I look forwward to seeing the other installments.
ReplyDeleteI hope you win an award for this one, Ms. deSa!
I'm just so impressed by this report. Thank you Karen DeSa for giving Danny a voice and for speaking for the other Dannys suffering in Santa Clara County.
ReplyDeleteThis is exactly what is needed to get the truth out to the people who need to know what is waiting for them. The only way is through the media God Bless the reporter who is giving so many people a voice.
ReplyDeleteThanks to the producers and hopeful sympathy to Danny Reed --
ReplyDeleteThe Private Private Professional Fiduciary Industry has become little more than one big RIP-OFF RACKET !!!
ReplyDelete