The Monterey County Public Guardian seized control of San Francisco resident Margarita Zelada
and her estate. Since March 2013, Margarita has been unlawfully
confined in Monterey County, forcibly isolated, and denied nearly all
contact with loved ones and advocates.The Public Guardian allows Margarita no contact with her daughter, occasional brief contact with her niece in Texas, no contact with elder rights advocates, and no contact with legal counsel of her choice. The Public Guardian denies Margarita her right to attend court hearings on her case and denies her right to oppose the abuse she has suffered.
On January 29, 2014, the Monterey County Probate Court will review Margarita’s case and hear the Public Guardian’s petition for authority to forcibly administer chemical restraint. Niece Bonnie Lind repeatedly asked that Margarita be allowed to attend the hearing on her case and be allowed her right to oppose forced chemical restraint.
December 10, 2013
Jennifer Empasis and Chris Campbell,
I would like to request my aunt, Margarita Zelada be allowed to attend her conservatorship hearing scheduled for December 18, 2013. According to the Notice of Conservatee’s Rights, Margarita has a right to take part in important decisions affecting her life, property and way of life. Please do not deny her this basic right.
January 24, 2014
Jennifer Empasis and Chris Campbell,
I would like to again request that my aunt, Margarita Zelada be allowed to attend her conservatorship hearing that had been re-scheduled for December 29, 2014. Ms Giovannini let me know on Wednesday, December 11, that she had a call in to Ms Zelada’s legal counsel to discuss, but I haven’t yet heard the outcome. According to the Notice of Conservatee’s Rights, “The conservator must give due regard to the preferences of the conservatee and to encourage the conservatee’s participation in decision-making.” I ask again to please allow my aunt, Margarita Zelada to attend her own hearing.
California’s Notice of Conservatee’s Rights states a conservatee has the rights to:
Be represented by a lawyer;Exercising those rights presumes the opportunity to meet with legal counsel and to address the judge. The Public Guardian consistently violates Margarita’s most basic rights.
Ask the judge to replace the conservator;
Ask the judge to end the conservatorship;
The Public Guardian denied Margarita her right to attend her May 8, 2013 and June 17, 2013 hearings, when the court awarded conservatorship of Margarita’s person and estate to the Public Guardian.
The Public Guardian denied Margarita her right to attend her November 20, 2013 hearing, when the Public Guardian petitioned to strip her right to have contact with advocates.
The Public Guardian has not responded to requests to honor Margarita’s right to attend her January 29, 2014 hearing, when the Public Guardian will petition for authority to forcibly administer chemical restraint.
The Public Guardian reports to the Board of Supervisors. Readers may send comments to the Board of Supervisors at the following email addresses.
Monterey County Board of Supervisors
District 1: Fernando Armenta, district1@co.monterey.ca.us
District 2: Louis R. Calcagno, district2@co.monterey.ca.us
District 3: Simón Salinas, district3@co.monterey.ca.us
District 4: Jane Parker, district4@co.monterey.ca.us
District 5: Dave Potter, district5@co.monterey.ca.us
Full Article & Source:
Elder abuse: Monterey County Public Guardian denies right to attend hearings
See Also:
Linda Kincaid Reports: Elder Abuse by Monterey County Public Guardian: Home Vacant, Daughter Homeless
CA Conservatorship Ward Margarita Zelada on the Monterey County Public Guardian
NASGA: Margarita Zelada, California Victim
13 comments:
I wonder if the judge, guardian ad litem "for" this lady, and petitioning attorney have carefully considered their decision to exclude her from participation in these court hearings.
If they won't obey the law for its own sake, they should carefully consider their own selfish interests.
A court order entered without notice and an opportunity to be heard is VOID. Not just questionable, not just voidable, but VOID.
When this lady passes away and one of her relatives takes over her estate, this judge and these attorneys will have subjected themselves to quite a lawsuit for depriving this lady of her liberty and property based on a VOID court order.
And no, the judge does not have judicial immunity when he issues a VOID court order, because he had no jurisdiction to issue the order in the first place.
I wrote. I hope they get hundreds of letters.
I am a NASGA member and when I see the good work of Linda Kincaid, it inspires me to try harder.
What this guardian is doing should be criminal.
I am a NASGA member and when I see the good work of Linda Kincaid, it inspires me to try harder.
What this guardian is doing should be criminal.
I am a NASGA member and when I see the good work of Linda Kincaid, it inspires me to try harder.
What this guardian is doing should be criminal.
Monterey County CA Elder is 1) forcibly removed from her residence 2) isolated from her only child, her daughter Patricia .... now the Conservator is asking the court to approve drugging the elder who has valid reasons for being upset. My opinion: Reading the following timeline of events (more background information is available) comes to one conclusion: The Conservator Jennifer Empasis clearly needs to be conserved. Reasonable people would agree a common sense approach, the best remedy, the best medicine prescribed would be stop controlling Ms. Zelada's contact with family and friends #1) allow the Conservatee, Margarita Zelada unrestricted contact with her daughter, family and former friends.
This is against the US Constitution, the Bill of Rights, and everything our country stands for.
What a bunch of tribe. This is some of the poorest writing I have seem. Full of factual errors. Why not report on the charges against the daughter for assault on the mother?
What a bunch of tribe. This is some of the poorest writing I have seem. Full of factual errors. Why not report on the charges against the daughter for assault on the mother?
Last Anonymous, this article is about Mrs. Zeladda's right to attend her own hearing and the fact that her guardian would attempt to deny her that right.
Do you have any comments to make on the actual subject?
It's easy to say there are factual errors. But, one wonders why you don't grace us with what those errors are?
tribe
1. a social division in a traditional society consisting of families or communities linked by social, economic, religious, or blood ties, with a common culture and dialect, typically having a recognized leader.
"indigenous Indian tribes"
synonyms: ethnic group, people, band, nation;
Interesting choice of words Anon.
My guess is you are from the other side with more than a hint of arrogance in your comment - that is one of the personality disorders of Team Guardianship.
Anonymous,
The daughter was not charged with assault against the mother. I cannot report on something that did not happen.
i agree with linda kincaid while disagreeing with anon ~~ allegations of abusive wrongful behavior and criminal acts including negligence and other acts without charges against the person speaks loudly about the allegations that appear to not hold up case after case after case this is a national pattern that probate courts responsible for the conservatorships do not address when false allegations are contained in the records by the petitioning party et al no consequences that must be addressed and changed we need laws with sharp teeth along with severe punishment for those who engage in fraudulent submissions in the records and court records enough is enough with many eyes and ears on this in it for the long haul
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