A session titled Civil Rights: Pursuit of Life, Liberty, and Happiness into the Golden Years? discussed abusive conservatorships in California. Margarita Zelada and her case history were the center of attention.
In September 2012, the Monterey County Public Guardian seized Margarita’s $9K/month income and $1.5M estate. She was left destitute and unable to provide for her basic needs.On March 9, 2013, the Public Guardian seized Margarita’s person as well. Witnesses tell of a night of terror when Margarita was dragged from her daughter’s home screaming for help.
According to neighbor and private duty nurse Tara Robinson, ten Pacific Grove police officers stormed the home with guns drawn and leveled at Margarita’s daughter, Patricia Conklin. The officers dragged Margarita from her bed, rolled her in a sheet, strapped her to a gurney, and carried her to a waiting ambulance.
The nurse said Margarita’s screams were the most horrible sounds she ever heard. Officers admitted they had no warrant to enter the home or seize Margarita. Pacific Grove police reports indicate the siege was the result of allegations by Deputy Public Guardian Jennifer Empasis.
Full Article and Source:
American Public Health Association on Elder Abuse in Monterey, California
21 comments:
This is so horrific can not believe it but I know it is true. Is this Germany? No longer America! This guardian should be in prison and the officers with her that dragged this woman. How DISGRACEFUL! I am sick to my stomach!
Thank you for getting the interest of the American Public Health Association, Linda.
The Marguarita Zelada case is a perfect case to demonstrate elder abuse. Thank you
Margarita should be able to see her daughter period. No matter what else went on or is going on, it's not fair and in fact it's cruel to deny Margarita her daughter.
I can't imagine how scared Mrs. Zelada was. This is so wrong.
I so bad for Mrs. Zelada that it makes my blood boil. I wanted to read more about why this PG did and why she is doing these evil things to isolate Margarita's daughter from visiting her mother. I was surprise to find this article along with many like it. Linda please tell me that this is a lie. I feel so bad now that there might be some truth to this article. I wouldn't know what to do if my own children did this to me. I am approaching 70 and this could be me in a few year. I'm am so sick to my stomach to know that this could be true. Who are you going to trust?
http://www.fugitive.com/2013/09/28/patricia-conklin-gets-8-year-suspended-sentence-for-abusing-her-elderly-mother/
It is a national problem and I wish each state had a Linda Kincaid to advocate for the helpless.
Can anyone out there tell me if the article on Margarita's daughter pushing her own mother and causing her injury is true. I find it very disturbing why Margarita's daughter would do such a thing if it was really true. I know Linda is so good at bringing out the evil things that the PG does but I am disturbed that the PG is doing what they were hired to do. If the PG is really protecting Margarita than I say it's good, but if the article is a lie then the court system is corrupt and the jury was lied to. I showed this to my children and they tell me that there might be some truth to the article. Please can someone help me understand.
The PG is not protecting Margarita Zelada in a humane manner; until we hear from Ms. Zelada directly in her own words I stand by the verdict: the PG is not working 'in the best interests' of their ward. It's as simple as that. And, Laura if you desire more information I suggest googling Margarita Zelada and read the facts presented by Linda Kincaid. And ask yourself how you would want to be treated in your old age.
IF the PG was truly concerned about the safety of Margarita, the PG would allow supervised visits. The policy of no visitors, is actually punishing Margarita on an on going basis. Margarita is in a small 6 bed facility with vacancies and at least one staff member awake 24x7. A visit in a common area of the facility would be safe for Margarita. The PG won't let Margarita see elder advocates or anyone she didn't know previously. Unfortunately, Margarita's home is actually in San Francisco a long 2-hour drive and her elderly friends are simply not going to make the trip. The PG even stopped other family from visiting Margarita in the past and has failed to reschedule the canceled visitation.
Thank you Sue for responding so quickly. I was beginning to think that this was now old news and the readers had moved on. I am a retired school teacher so I spend part of this morning reading about Margarita. Yes, Linda is doing a fantastic job advocating against elder abuse and I would never want to be treated in that manner, but I have concerns. While the news media have published the outcome of Margarita's daughter's conviction, I found some disturbing information on the internet. It seems like Patricia had put this website for all to see. She talks about living with her boyfriend, having fights with him, calling the police and charges being brought against him. There are things in there that should be left in the privacy of ones bedroom, but it wasn't and I'm appalled had she could talk so candid about her sex life. The time factor was during the same time she was taking care of her mother which I thought, why would a daughter put her own mother in a dysfunctional house where there is violence on both sides. What was really disturbing was that Patricia recorded an argument she had with her boyfriend and had it playing along slide of photos and for all to see. Her boyfriend also wrote a letter which Patricia had on this website that stated that he thought Patricia had dual personalities. You have to read the entire website to understand that Patricia was not working and she was supporting her boyfriend who was a drug addict and was not working. If Patricia wasn't working and the boyfriend was unemployed, where was that money coming from to pay all of their expenses. It seemed like Margarita was the only one that had the assets to fund them so I'm kind of leaning towards the PG as being a god sent and not this terrible person that is being portrayed. I hope you don't take offense to this because I know how hard Linda works at being the voice to those who can no longer speak for themselves, but you have to wonder with that type of violence occurring, maybe Patricia did push her mother down the stairs. I think about that happening to me and it sickens me.
Thank you Laura for being inquisitive and keeping an open mind. You are a god sent and can see through the accusations that are touted as being fact. It is nice to see that someone who is approaching the golden years be so perceptive.
Laura,
Please share Patricia's web site so we can see and make up our own mind. If it is truly over the top as your email suggest, the moderator can delete the web site's URL and at least we will know the site is there and as bad as you suggest.
Here is the website. You have to read everything to include watching the video. You also have to connect the dates when Margarita was in her daughters care.
Why would anyone in their right mind put this type of disfunction for all to see? I'm embarrassed for her.
http://450927760803266983.weebly.com/video.html
IF the information on this web stie is accuate, and pasted by the daughter opposed to the boyfriend or someone else; I fail to see any reason why the mom is the one being punished and completely isolated. The visitation restriction is against and is punishing the mom for what is the daughter's alledged behavior. I don't see the connection. Here the mom isn't accused of doing anything wrong and is getting punished. I thought Monterey was part of the Unitied States of America.
Dear Anonymous,
I'm trying to understand why you call the daughter's assault on her mother an aledged behavior. Isn't it my understanding that charges were brought against her and that a jury found her guilty. I think that from the articles that I have been able to read and the understanding the need to protect someone that was a victim of an assault, needs to be protected. She should not be placed in the same situation that could arise from another assault. You can say the mother has to deal with the fact that her daughter was convicted of assaulting her, but are you saying that she should not be protected because she is being herself punished? I don't see the logic.
After watching Margarita's video, I really believe that her daughter should not have made the video because it looks like she was not concerned for her mothers dignity. She put that video for the world to see, her mother eating in bed, in her pajamas, which leads me to believe that maybe Margarita has Dementia or Alzheimer's or some unknown disorder that would have lead to her being conserved? Can anyone tell me?
I think that if I was in Margarita's position, I would have gotten dressed and presented myself as someone who is in control of their thoughts. I do not see this. I see a confused Margarita being coached and from my past experience with relatives of that age, it can easily be done. As a women, I'd be embarrassed to have a video present in a demeaning manner. I base my observation to the digital recording that the daughter made of her and her boyfriend having a domestic disturbance. I can only suspect that the boyfriend had no knowledge of being recorded so it concerns me that the daughter uses the internet to document her personal dirty laundry.
I don't agree on your coice of words of Margarita being completely isolated. Is there proof of this? I would think that there would be a separate agency apart from the Public Guardian that would monitor any red flag concerns. Have they check into those agencies if they do exists.
We may never agree, but these are my perceptions of having served in several juries.
Laura,
Several attorneys claim the Court system gets it right about 75% of the time when the facts are crystal clear. 25% of the time, the court gets it wrong. How does that happen? One attorney is able to out perform the other attorney. Some attorneys are famous for getting their clients. Johnny
The daughter is investigating appealing her conviction. I prefer to wait until the judicial system is finished. There are a host of issues in this case that should raise serious questions about the criminal trial. Examples include, only mom & daughter were present in the home when whatever happened occurred. Both deny any abuse. Neither testified at the trial. Monterey County (MTY) ceased both the mom’s & daughter’s assets that were comingled. MTY, then & now, is making the decisions for the mom & refused to provide estate funds for a defense of the daughter. MTY even refused allowing the daughter to post bail, so she could not prepare her defense. A letter delivered to the MTY Board of Supervisors (BOS) last Tuesday that neither mom nor daughter knew existed from the Court appointed attorney representing mom makes it exceeding clear that mom didn’t blame daughter for mom’s fall & injury. That letter was in the hands of MTY, but withheld from Public Defender & never presented at criminal trail. I think this likely qualifies as persecutory misconduct. What are the chances MTY will enforce rules against one of their employees?
MTY claims that mom supported daughter financially, & at the same time, MTY refuses to honor this historical pattern of what mom would have done by leaving daughter penniless with no ability to prepare for trail. Remember, the decision is not how you, I or MTY would have treated a child, but instead it should be how Margarita would have treated her own child if she had not been conserved. Conservatorship is NOT suppose to be about imposing the Public Guardian’s beliefs onto all their conservatees, instead the PG should do what the conservatee would do if the conservatee still had capacity. Most parents even if there is no history of supporting a child, will come to the aid financially when the child is in a legal jam. From my point of view, MTY stacked the deck against daughter & she didn’t have a chance.
How stable was mom on her feet? Mom supposedly fell between daughter’s second & third supervised visit. This was while mom is under the care of professionals selected by MTY. When questions were raised about the fall, instead of an investigation & prosecution like MTY did when daughter was caring for her mom, MTY responds by again completely isolating mom by stopping the weekly visits. The last visit was 11/15, no visits are scheduled. Seems like MTY has a double standard when it comes to applying the law to their own agents.
Laura,
I have never suggested placing the mom & daughter back in the same home unsupervised. In this case, mom should be transferred back to San Francisco which is where she owns a home that sits vacant. She is registered to vote, her vehicles are registered, her driver’s license, & she gave her SF address as her address. MTY used the fact that Margarita correctly gave her SF address as evidence that she was not orientated to place. It simply showed Margarita considers SF to be her home. Much of 2012 Margarita was traveling abroad by herself, not what you would expect from a woman suffering from dementia, a slow progressive condition. SF is where Margarita has a network of friends. The $7.000 per month currently spent on room, board, & recreation could easily pay for in home care & return the mom to an area she knows & has a social network. Forcing the mom to live in an area where she know no one except her daughter that she isn’t allowed to see, prevent her from establishing new friends, & not allowing her to visit out of state family is punishing the mom. Read MTY’s own report on the dramatic decline mom has had since being isolated. MTY blames it on the fall, but the decline started with the isolation that started 10 days after the fall.
MTY refused to allow Kincaid to do a welfare check on the mom. Kincaid has trained Adult Protective Service personnel at the national level. Kincaid has been a speaker at a handful of elder abuse prevention conference since September. Yet, MTY incorrectly paints Kincaid as a crazy person with a personal political agenda. Monterey is acting like a child whose hand was caught in the cookie jar. MTY made false statements in a declaration to the Court & failed to correct the declaration when the errors were pointed out.
Regarding Margarita’s video, in an ideal world Margarita & even the daughter would have preferred the video not be made public. But when isolated & not allowed contact with the outside world any individual would do whatever it took to try to restore their own liberties. Margarita wasn’t provided a translator & unable to fully participate in either her own conservatorship hearing or her daughter’s criminal trail. Look at the successful case in FL. There the conservatee got on network news & low & behold the Court saw the coverage & reopened his conservatorship case & undid it. To me, MTY was scared to allow Margarita to speak to the Court in her native language because there was a real fear the outcome would have been different. Most would be willing to give up a lot of dignity in an effort to restore their freedoms.
According to the Conservatorship Court file, Margarita was conserved because of the need to address her living situation based on the alleged domestic violence
Why do you keep concluding that the daughter posted the fights with the boyfriend? To me it is just as likely that the boyfriend recorded & posted the information on the URL you previously provided.
Margarita is being completely isolated from her family both daughter & out of state relatives. MTY went to Court with false declarations & got a Judge to give the PG complete control over who visits Margarita. To date, I’m not aware of the PG approving anyone be allowed to visit Margarita. The PG is also under a court order to have supervised visits between mom & daughter. Exactly zero visits occurred between about 9/15 & 10/30. Only after complete lack of visitation was brought to the attention of the MTY BOS were three weekly visits scheduled. At the third visit daughter questioned why her mom’s face was bruised. This resulted in cancellation of all visits. MTY PG is also under a court order to encourage visits from Margarita’s historical friends. Yet I’m unaware a single thing the MTY PG has done to encourage these visits. A convicted murderer on death row gets to have visits with family & friends. MTY is giving less respect to a visitor that they now keep as their prized prisoner to drain the estate & fund less wealthy conservatees. If this was about protecting Margarita or doing what is in Margarita’s best interest MTY would have been transferred her back to SF or to other family members that have stepped forwarding offering to provide care. The real question is, why does MTY refuse to consider any other alternatives, other than MTY remaining in control? It is all about the revenue to MTY.
In California there is no agency that will investigate complaints against a conservator. Read Kincaid’s Conservatorship in Crisis http://tinyurl.com/l7qkzm2
In a nutshell, all the agencies claim they need the permission of elderly victim to do anything. Once conserved, the permission must come from the conservator. The conservator is not going to give permission to any agency investigate itself. MTY is doing what Santa Clara County did with Gisela Riodan, except even worse. Kincaid spent a year going to every elder agency in California and BOS. Those efforts failed. Kincaid connected with ABC News & they decided to take on the issue of Public Guardians. Here is a summary of ABC News’ coverage to date:
http://www.youtube.com/results?search_query=jim+odonald+abc+iteam&sm=12
Fortunately for Margarita & other conservatees, ABC isn’t finished. There will be more coverage after the holidays. It will be interesting. I know some of the topics that will be covered
Hey anonymous, you need to be more clear on your explanations. You make no sense.
Oh I'm clear, I have an audience you don't, do yourself a favor and get off this blog.......
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