Linda Kincaid Reports: Silicon Valley Tax Dollars Fund Elder Abuse; Apathy & Negligence by Law Enforcement & District Attorney

“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.” *

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.

Given that Villa Fontana is willing to violate Gisela’s most basic right to visitation, advocates can only imagine what other rights are violated behind locked doors. There is no way to know what abuses or indignities are visited upon conservatees imprisoned inside the facility.

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.

Given that Villa Fontana is willing to violate Gisela’s most basic right to visitation, advocates can only imagine what other rights are violated behind locked doors. There is no way to know what abuses or indignities are visited upon conservatees imprisoned inside the facility.

*[Linda Kincaid, NASGA California Advocacy Liaison]

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Silicon Valley Tax Dollars Fund Elder Abuse, Apathy & Negligence by Law Enforcement and District Attorney