Friday, November 30, 2012

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]

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

10 comments:

Betty said...

It's like asking a murderer to decide his own sentence. There is NO oversight of the Public Guardian's office.

Kay said...

I think part of the PD's apathy is they are clueless about guardianship abuse.

Nancy said...

The Santa Clara County Public Guardian should be fired!

The fact that to date Don Moody has not been fired reflects poorly on the Santa Clara County Board of Supervisors.

Thelma said...

Linda woke the PD up and once they amend their program, that will be a big start towards addressing these problems.

B Inberg said...

Linda is doing the unexpected and many would say the impossible. Linda stepped up and continues to advocate for those who are isolated from their families not knowing why and that is exactly what those who are in control want - the silenced ones don't know what to think then they react in human response which will guarantee drugging to 'calm' the upset isolated one without family eyes on them. This is one page 1 of the guardianship and conservatorship play book, yes play book, this is a game folks a game to those who have control of your loved one's person and estate with their eyes on Y O U ! ! !

Sue said...

Sacrifice, much time and enormous efforts all on a volunteer basis is what it takes to make a difference. Applause Linda Kincaid! You have been recognized that in itself is remarkable. Thank you for being the voice of those who have been disregarded and forgotten.

StandUp said...

Thank you, Linda Kincaid, for your dedication to helping others.

Anonymous said...

Another great job, Linda~

Jessica said...

Villa Fontana should be charged with Elder Abuse as should the public guardian.

Anonymous said...

I feel imprisoned by the judciary which has allowed fraudulent legal maneuvering by the attorneys over the past 12 years, to dig me in so deep, I find no escape in this legal jungle. They took away my rights, access to my financial resources, won a $55,000.00 "defamation" suit, because I went public with my story, subjected me to"debtors" examinations, and forcing me to protect my Social Security income from seizure. It is an ongoing physical and intentional emotional harassment, which has destroyed the quality of my life, and left me deflated of energy and piece of mind. I feel like a criminal in hiding.
CLACKAMAS COUNTY, OREGON
EB