Friday, September 12, 2014

Linda Kincaid Reports: Elder Abuse by Oakland Conservator, Scott Phipps: Dr. Beverly Newman Speaks Out

Elder advocates across the country are outraged by heinous elder abuse occurring in Oakland, CA.  Elinor Frerichs (91) has been isolated from family and friends for the past two years. No visitors, no phone calls, no mail.
The abusive orders are from Elinor’s conservator, Scott Phipps of Phisco Fiduciary.
  • Phipps placed Elinor in a locked dementia facility, Lakeside Park in Oakland, although Elinor was not diagnosed with dementia.
  • Phipps annulled Elinor’s marriage, although Elinor stated she loves her husband and wanted to remain married to him.
  • Phipps voided Elinor’s will, although psychologists determined that Elinor had capacity to execute her 2012 will.
Elder Advocate Dr. Beverly Newman sent the following letter to the Alameda County Board of Supervisors.

Dear Alameda County Officials:
I am appalled to read the above-referenced petition requesting the following drastic restrictions to be imposed upon California State Ward, Elinor Frerichs, such that she be confined at age 91 to complete her life in isolation far worse than what is forced upon dangerous felons in your state:
'15. Therefore, in order to protect both Conservatee from undue influence and Petitioner and the facility from breaching a fiduciary duty or licensing requirement, Petitioner now seeks a specific order prohibiting any and all people known, or later discovered, to be associated with KENNETT TAYLOR from contacting Conservatee, either directly or indirectly.'
'16. Probate Code 2351(a) allows a Conservator to petition the court for an order specifically limiting a Conservatee’s personal right, including but not limited to, the right of the Conservatee to receive visitors, telephone calls, or personal mail.'
I urge you to permit Elinor the freedom she so richly deserves and guaranteed to her by law to enjoy the company of the persons with whom she chooses to associate. I urge you to remove Elinor from the highly-restrictive and inappropriate confining setting in which she has been forced to live, in order for her to return to her own home or the residence of her choice. At 91, Elinor has earned the right to fully participate in her court hearings, visit freely with companions, converse freely on the telephone, and live a live of dignity. Alameda County should enforce Elinor's civil and Constitutional rights completely and immediately.

Beverly Newman, Ed.D.
Elder Advocate, Sarasota, Florida

Source:
Elder Abuse by Oakland Conservator, Scott Phipps:  Dr. Beverly Newman Speaks Out

2 comments:

Thelma said...

California has some grossly unconstitutional "law" on the books!

StandUp said...

Great letter of support!