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.

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Silicon Valley Tax Dollars Fund Elder Abuse, Part III